100 CENTRE STREET, April
21-- Harvey Weinstein was in
his wheelchair, this time with Marc Agnifilo, Teny Geragos
and Jacob Kaplan as his lawyers, as opening arguments
began before NYS Justice Curtis Farber on April 21. Inner
City Press was there, thread below, and links to extra
below that
Assistant DA: The
defendant told Jessica to come into the bedroom. He pulled
her in and started kissing her, backing her further into
the room. She was 105 pounds. He was close to 300 pounds.
He orally sexually assaulted her that night. She faked an
orgasm...
ADA: She lied and said
it was the best she ever had. Jessica didn't tell anyone.
She had no family she could rely on. She blamed herself.
Defendant began to pursue her romantically. Because of her
limited experience and her religious upbringing she didn't
see it
ADA: He became
increasingly more demanding. He said she could not date
actors. He urinated on her. He flexed his power and
boasted about his connection with politicians. He said, My
friend go far, my enemies don't. Jessica will not be able
to tell the time line
ADA: On the morning of
March 18, 2013, he called her. He was downstairs. She
tried to stall. He checked into the Doubletree Hotel on
51st Street and Lexington, even though he owned a lavish
West Village apartment. A staffer will tell you she
appeared distressed
ADA: He pulled her
aside, told her to not embarrass him in the lobby of the
Doubletree Hotel. Then she was upstairs. You may ask, Why
didn't she run? She had already seen his volatility. She
felt frozen. He came out of the bathroom and raped
her.
ADA: Later she saw a
needle in the bathroom. He had injected himself before...
She stayed an extra day in New York for a professional
opportunity, a movie premiere. Afterward she went to New
Jersey, not the Doubletree Hotel. He repeatedly called
her.
ADA: She agreed to have
breakfast with him in the morning, his 62nd birthday. We
will show you 100s of emails. Some will show she cared
about her. At time she reached out to him. There were
other times she had moved on, was in other relationships,
blowing him off
ADA: Later she was
working as a hair stylist in a hotel in LA. The defendant
had her come for a haircut - then asked if her new
boyfriend was an actor. She eventually she Yes - and he
said, You own me one more time! He ripped off her jeans.
She lost her voice
Jacob Kaplan:
Objection!
Sidebar
Judge Curtis Farber:
Objection overruled.
ADA: Jessica saw news articles about other women accusing
Harvey Weinstein. She came to believe that her decision to
not report him had paved the way for him to assault
others. She cut herself
ADA: She checked into a
hospital. The defendant ordered the destruction of the
Friends of Harvey list, stored on company servers. Jessica
went to the Beverly Hills Police and with NYPD. She gave
them her cell phones and emails. She has lost her
privacy
ADA: She was 27 then,
she is 41 now. She has been on a path toward healing. He
is charged with Rape in the Third Degree, in the
Doubletree Hotel here in Manhattan. The other rapes
occurred outside of Manhattan, but you can evaluate
them
ADA: You will hear from
Ashley Carter
Now Harvey Weinstein, from wheelchair, mutters -- he is
objecting.
Judge Farber: Sidebar.
Then
ADA: You will hear from
Doctor Lisa Rocchio. She has never met Jessica Mann. She
will describe how people react to sexual assault.
Judge: Break before
defense opens
Jury leaves.
Judge: Anything?
Marc Agnifilo: Nothing from us.
Weinstein is wheeled out, speaks to his press flak in the
front row on his way past
[Inner City Press story and more later]
Marc Agnifilo, on his
way in to speak with Weinstein during the break, asks NYS
Court Security officer, You saw Karen, right? He: Yeah, I
saw her back there.
Note: On this 13th floor of 100 Centre Street, Luigi
Mangione is set to be on trial in September
Break
16 jurors -including 4
alternates - reenter for defense opening argument.
It's not Marc Agnifilo, but rather Jacob Kaplan.
Kaplan: This case is about consent, choice and regret. "I
love you... No one Kaplan: They had consensual sex many
times. Was this one time non-consensual? You will conclude
the Harvey Weinstein never raped. At the defense table are
Marc Agnifilo and Teny Geragos. In the front row, our
paralegal [and media flak, and four others]
Kaplan: From his
childhood in Queens, he built all this. People were drawn
to him. Ask why Jessica Mann stayed around him - it was
for the opportunities he gave her. What I'd like to do
this morning
[It's 12:24 in the afternoon - this opening was
pre-written]
Kaplan: We have four
years of emails. This case will be her word - against her
own word. She knew what she wanted, and she knew how to
get it. She had the ability to make free choices.
Sometimes people make bad choices. But it was theirs to
make
Kaplan: She admired
him. And despite being married, he was attracted to her.
It is undisputed they had a long term consensual sexual
relationship. She made that choice over and over again,
even when she was dating other people. She lied to her
boyfriend
Kaplan: Sometimes they
were friends with benefits. Sometimes she wanted more. Now
she claims one encounter was non-consensual. Harvey is
charged with rape. He denies these allegations. He is only
charged with the Doubletree - that is the only
charge.
Kaplan: There were
times she engaged in a threesome with Harvey Weinstein.
Sometimes she said no. But she will come to court and say
she couldn't say no, he was too powerful. She just
couldn't get her career off the ground. Then he got her a
job in a hair salon
Kaplan: March 18, 2013.
She flew to NY with a Hollywood agent, who she tried to
impress with her connection to Harvey Weinstein. He only
met with the agent because Ms. Mann asked. She didn't have
her own room, so Harvey gets one. She didn't want the
agent to know
Kaplan: She chose to go
to Harvey room, and she chose to have sex with him. Harvey
went to the bathroom - and she could have left. She's have
excuses, but do they make sense? After the alleged assault
she has breakfast with Harvey and the agent. She stays a
2d day
Kaplan: She can't
change her emails. They will show you how they felt at
that time. This case will be her word against her own
word. On April 12, 2013 she writes, I appreciate what
you've done for me. She asks in July if he'll be in LA.
She asks to meet privately
Kaplan: He told how
proud he was of her. It continued for months. They would
often engage in sexual activity. She claims another rape
in LA, but doesn't remember the time or details. Listen if
it makes sense. He went to the bathroom and she didn't
walk out.
Kaplan: So why now? She
read in the newspaper that Harvey had other women. That
she was just a booty call. That she was sleeping with a
married man to get ahead. Harvey was reviled in the media.
She turned against him
Kaplan: She was having
panic attacks. It had nothing to do with Harvey Weinstein.
What was a four year close relationship was now abusive
from the start. You can't just ignore four years of
messages. It's a case of she said, she said.
Kaplan: They'll put on
witness who say they can corroborate. But they weren't in
the hotel room. At the hospital, she doesn't mention any
rape. She said she broke up with her boyfriend and lost
her job. She was in a fragile state then saw the
articles
Kaplan: They have an
expert. But she will say contradictory things. We are not
asking you to like Harvey Weinstein. You may not like his
lifestyle but still find him not guilty. This is about
truth, not popularity. Uphold the presumption of
innocence
Kaplan: He is not
guilty. Thank you.
Judge: So you've heard the opening statements. Do not read
about this case, or visit the locations.
Jurors leave
