CNN
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After convicting former movie producer Harvey Weinstein of rape and sexual assault, a Los Angeles jury couldn’t attain a unanimous verdict Tuesday on alleged aggravating elements that might have elevated his sentence.
The three fees Weinstein was convicted of – rape, sexual penetration by international object and forcible oral copulation – have been all tied to certainly one of his accusers, Jane Doe 1, a mannequin and actress who testified the film mogul assaulted her in a Beverly Hills resort room in February 2013.
Jurors have been requested to find out if Jane Doe 1 was harmed and significantly susceptible, and if Weinstein dedicated the crimes with planning, professionalism, or sophistication.
Ten members of the jury discovered the annoying elements had been met, however two jurors couldn’t be swayed, one of many jurors instructed CNN.
“The jury has mentioned they aren’t in a position to attain a unanimous verdict on these points,” Los Angeles Superior Courtroom Decide Lisa Lench mentioned, in response to a pool report. “I’m going to declare a mistrial with respect to the allegations.”
Had the jury discovered Weinstein responsible of the annoying elements, a brand new California legislation would have then allowed the choose to enact a harsher sentence.
Jurors had deliberated for a number of hours Tuesday. After the jury indicated additional deliberations wouldn’t sway them, neither the prosecution or the protection pushed to have the jurors deliberate additional.
When Lench requested prosecutor Paul Thompson if Weinstein can be retried on the impasse counts, the pool report mentioned he responded: “We have to seek the advice of the victims initially.”
Weinstein’s sentencing was tentatively set for January 9, with Lench permitting solely Jane Doe 1 to supply a sufferer affect assertion. He’s anticipated to serve 18 years.
“Harvey Weinstein endlessly destroyed part of me that evening in 2013. I’ll by no means get that again,” mentioned Jane Doe 1 in a press release launched by means of her legal professional. “The legal trial was brutal. Weinstein’s legal professionals put me by means of hell on the witness stand. However I knew I needed to see this by means of the tip, and I did … I hope Harvey Weinstein by no means sees the surface of a jail cell throughout his lifetime.”
The disgraced film mogul was discovered responsible Monday of three of seven fees in opposition to him in his second sexual assault trial. The jury acquitted Weinstein of 1 depend of sexual battery by restraint in opposition to a therapeutic massage therapist in a resort room in 2010.
They have been a hung jury on one depend of sexual battery by restraint, one depend of forcible oral copulation and one depend of rape associated to 2 different girls – together with Jennifer Siebel Newsom, a filmmaker and first companion to California Governor Gavin Newsom.
Weinstein had pleaded not responsible to all fees in opposition to him. His spokesman mentioned he was “dissatisfied” with the result of the trial however “he’s ready to proceed preventing for his innocence.”
The decision was reached as jurors entered their third week of deliberations, assembly for a complete of 41 hours over a interval of 10 days following weeks of oftentimes emotional testimony.
Two jurors who spoke with CNN after they have been dismissed from courtroom Tuesday shared their ideas on the trial, each saying politics performed completely no function of their deliberations.
“Everybody realized the burden of this trial. There’s rather a lot driving on this for each side,” mentioned Michael, a 62-year-old juror who declined to share his final title.
Michael mentioned the contact the accusers had with Weinstein following their alleged assaults was a key think about deciding the decision. That was particularly utilized to Siebel Newsom, who, in response to dozens of emails introduced as proof within the trial, maintained contact with Weinstein.
Michael mentioned he discovered Jane Doe 1 to be probably the most convincing.
“We felt horrible for everyone,” however felt just like the addition of uncharged witnesses turned complicated for some jurors, mentioned Jay, one other juror who additionally declined to share his final title.
“Everyone appeared plausible. It’s arduous to show all of them with time and reminiscence,” Jay added.
Elizabeth Fegan, an legal professional representing Siebel Newsom, who was recognized in courtroom as Jane Doe 4, mentioned they have been dissatisfied the jury couldn’t attain a unanimous verdict on the fees associated to her consumer.
“My consumer, Jane Doe 4, shared her story not with an expectation to testify however to help all of the survivors who bravely got here ahead,” Fegan mentioned in a press release to CNN. “Whereas we’re heartened that the jury discovered Weinstein responsible on a few of the counts, we’re dissatisfied that the jury couldn’t attain a unanimous verdict on Jane Doe 4. She is going to proceed to struggle for all girls and all survivors of abuse in opposition to a system that allows the sufferer to be shamed and re-traumatized within the title of justice.”
Weinstein is 2 years right into a 23-year sentence for a 2020 New York conviction, which his attorneys have appealed, placing extra consideration on the result of the trial in Los Angeles.
The weekslong Los Angeles trial noticed emotional testimony from Weinstein’s accusers – a mannequin, a dancer, a therapeutic massage therapist and Siebel Newsom – all of whom have been requested to recount the main points of their allegations in opposition to him, present particulars of conferences with the producer from years in the past, and clarify their reactions to the alleged assaults.
Moreover, 4 girls testified they have been subjected to comparable habits by Weinstein in different jurisdictions.
Weinstein initially confronted 11 fees, however 4 counts linked to an unnamed girl have been dropped with out rationalization. She didn’t testify within the trial.
In closing arguments, Los Angeles County Deputy District Legal professional Marlene Martinez known as Weinstein a “titan” who used his energy in Hollywood to prey on and silence girls.
In the meantime, Weinstein’s attorneys maintained the allegations are both fabricated or occurred consensually as a part of a “transactional relationship” with the film producer, repeatedly saying there isn’t a proof of assault.
Protection legal professional Alan Jackson known as the accusers “fame and fortune seekers.”
Jane Doe 2, who was recognized as Lauren Younger, instructed her legal professional Gloria Allred by telephone that she was pleased Weinstein was convicted on some counts regardless of there being a mistrial on her depend, Allred mentioned in a information convention after the decision.
“I’m relieved that Harvey Weinstein has been convicted as a result of he deserves to be punished for the crimes that he dedicated, and he can now not use his energy to intimidate and sexually assault extra girls,” Younger mentioned in a press release learn by Allred.
