Weinstein jury notes: A closer look

Posted at 11:18 AM, February 24, 2020 and last updated 7:34 PM, May 17, 2023

A jury of seven men and five women are hard at work to decide the fate of disgraced movie mogul Harvey Weinstein. Weinstein, 67, faces 5 charges.

  • Count 1: Predatory Sexual Assault, a class A-II felony, max life
  • Count 2: Criminal Sexual Act in the First Degree, a class B felony, 5 to 25 years
  • Count 3: Predatory Sexual Assault, a class A-II felony, max life
  • Count 4: Rape in the First Degree, a class B felony, 5 to 25 years
  • Count 5: Rape in the Third Degree, a class E felony, 1.5 to 4 years

Here’s a list of all the notes from the jury over the first 4 days of deliberation.

Full Coverage: Harvey Weinstein

DAY 1 DELIBERATIONS

Note No. 1:

1.         “We the jury request written legal definitions of the charges being considered, including forcible compulsion, consent, rape both in the first and third degrees, predatory sexual assault and criminal sexual act in the first degree.”

Judge Answer:  I’m not permitted to give you the charges in writing, but if you send me a written note asking for me to reread or reinstruct you on those charges or any other charges, I’ll be happy to do so one or more or multiple times to your satisfaction.

2.         “We would also like to request an explanation on the law as to why we may find the defendant guilty of predatory sexual assault against Annabella Sciorra and not other crimes.”

Judge Answer: And for that part, I will instruct you that you must consider only the charges of predatory sexual assault that are before you, and you must not speculate as to any other charges that are not before you, and I will be happy to reread any instructions upon your written request. If you are asking why isn’t there a stand-alone charge of rape in the first degree or criminal sexual act in the first degree to consider regarding Annabella Sciorra the way there is for Miriam Haley or Jessica Mann, my instruction to you is that there is not any such charge for you to consider, and you must consider, as I just stated, only the charges that are before you.

Further, or why the statute of limitations has or has not run for certain crimes. My instruction is any matters regarding the statute of limitations are for the Judge to decide as a matter of law and you are not to speculate on that matter.

 

3.         “We would like the Court to confirm whether we could find the defendant guilty of both counts four and five or whether we can only find him guilty of three or four or five.”

Judge Answer: The latter part of that is the accurate one, you can only find him guilty of count three or four or five.

4.         We would like the Court to confirm that we can only find the defendant,

1)         guilty of count one only if the prosecution has proven the crimes charged against the defendant or both Miriam Haley and Annabella Sciorra.

2)         guilty of count three only if the prosecution has proven the crimes charged against the defendant for both Jessica Mann and Annabella Sciorra, and the answer to that also is yes.

Judge Answer: Yes and Yes.

 

Note No. 2:

“We the jury request a copy of exhibits, People’s 75, the blueprint of the Soho apartment.”

“We would also like a copy of all the emails when certain women’s names are highlighted in red.”

Judge Answer: Jury provided Prosecution exhibits 43, 45, 34 & 75.

 

DAY 2 DELIBERATIONS

Note #4:

  • We the jury request testimony of Mimi Haley. Re-read to us please, specifically the section of direct and cross of July 10, 2006, and same for July 26/27 2006
  • Please provide all emails between defendant and MH and any emails from D to others regarding MH

 

Note #5:

  • Please read us Rosie Perez’ testimony
  • We would like to see all digital communications between HW and  Paul Feldsher
  • Dr. Ziv PowerPoint presentation
  • And all written or digital communications or emails to or mentioning Annabella Sciorra in evidence. Including communications to from or regarding Black Cube or Guidepost.

*Court to provide all these items except Dr. Ziv’s PowerPoint presentation because it was a demonstrative aid that was not admitted into evidence

 

DAY 3 DELIBERATIONS

Note #6:

“We the jury request for the Court to read us the cross-examination and everything afterwards, the testimony of Annabella Sciorra.”

Judge’s Answer: Tomorrow morning we will read to you first thing the cross-examination of Annabella Sciorra and then all redirect and recross, however long that went back and forth for.

 

Note #7:

“We the jury request People’s Exhibit

number 56 that shows the list of people Annabella Sciorra spoke to about the event.”

 

Judge’s Answer: People’s 56 was marked for identification but not received into evidence.  So any such list was not received into evidence.

 

DAY 4 DELIBERATIONS 

Note #8:

“We the jury request to cease the reading of the testimony of Annabella Sciorra at this juncture. The jury has heard enough. Thank you.”

 

Note #9:

“We the jury request a ten-minute break now outside please.”

Judge Answer: We’ll be in recess for 20 minutes and then when we come back we’ll be in recess until the lunch break.

Note #10:

We the jury request to understand if we can be hung on one and or three and unanimous on the other charges.