DESPERATE Harvey Weinstein has nothing to lose and his legal team is ready to “seize on an opening,” a top criminal defense attorney has told The U.S. Sun about his controversial California retrial attempt.
The disgraced movie mogul’s lawyer, Caroline Bonjean, is set to file a claim at California’s 2nd Appellate District on Monday, fueled by the shock decision by the New York Court of Appeals demanding a retrial of the case which resulted in a 2020 conviction on felony sex crime charges.
Weinstein was sentenced to 23 years in prison in New York after being found guilty of first-degree criminal sexual act and third-degree rape.
The now 72-year-old has denied any non-consensual sexual activity.
Bonjean, who helped free actor Bill Cosby from jail after he served just three years of a 10-year sexual abuse sentence, will claim Weinstein’s LA trial was prejudiced by witness testimonies concerning allegations for which he wasn’t charged.
Weinstein was handed a 16-year sentence for the rape of an Italian model in the California trial.
After the announcement of a retrial in New York, The U.S. Sun spoke with Weinstein’s victim, Louisette Geiss, who was left shocked and dismayed by the decision.
Geiss was distraught at the thought of many of the “300” women she believes have been affected having to relive their nightmares.
Criminal Defense Attorney Keith B. Johnson understands the furor but wants the public to understand that Weinstein’s legal team is simply doing their jobs.
“It’s always worth them doing it because as defense attorneys, we are kind of like baseball players,” he told The U.S. Sun.
“You’re not expected to hit every ball and you’re not expected to win every case because of the odds that are usually on the state side.
“Anytime you have an opening, you should take it.”
Experts believe the chances of Weinstein being able to force a retrial in California, which has different regulations pertaining to witness statements, remain low despite what’s happened in New York.
Johnson agrees and doesn’t believe “there’s enough independent evidence in California” to force a retrial and that “there’s direct evidence that would lend itself to the conviction not being overturned,” he said.
“But I want to make it clear. His attorneys are doing exactly what they should be doing,” he added.
“You have to seize on it. There’s a little bit of momentum and it may be something where they can help their client who’s in a very difficult legal position.”
At recent court appearances, Weinstein has looked frail as he was escorted into the courtroom in a wheelchair.
His attorneys have said his physical problems have turned him into a “train wreck.”
Geiss, while not wanting to make any sweeping judgments about Weinstein’s health, found it hard to believe he wasn’t leaning into his apparent issues for the cameras.
Johnson thinks the narrative surrounding his condition could play into a new jury’s hands.
“Mr. Weinstein is not going to take a deal,” he said.
“It’s going to be a trial, and I think that that’s the right move on his part too, because it can’t get any worse than what it already is.
“If you’ll get a more sympathetic jury, they may say, ‘Look at this old guy, he looks pitiful, he’s already done enough, maybe he did it, maybe he didn’t.'”
October 2017: The New York Times reports the film mogul, whose Miramax film company won its first Oscar in 1997 for The English Patient, has reached legal settlements with eight women who accused him of sexual harassment spanning over 30 years. He is fired from his company, his wife leaves him, and the #Metoo movement is born.
May 2018: Weinstein was arrested on charges of rape and a criminal sex act involving alleged assaults of two women.
June 2018: He pleads not guilty to both charges and a third charge. One of them is eventually dropped.
December 2019: Weinstein agrees to a $25 million settlement with a number of women who accused him of wrongdoing.
February 2020: He is sentenced to 23 years in prison in New York for the charges brought against him in 2018.
December 2020: A jury in Los Angeles convicts him of raping a model. He receives a 16-year prison term two months later, which runs alongside his New York sentence.
April 2024: His New York conviction is overturned and a new trial is ordered.
While the decision from the New York Court of Appeal has drawn widespread criticism, some have questioned why the judge in the 2020 hearing in Manhattan preceded over a trial where errors have subsequently forced a redo.
Johnson pointed to the fact that the decision was “a coin flip” and very close on the appellate level.
The court decreed that “prior bad acts” testimonies were “unnecessary to establish defendant’s intent and served only to establish defendant’s propensity to commit the crimes charged.”
While the charges in New York were based on the testimonies of two women – Jessica Mann and Miriam Haley – three others testified in an attempt to illustrate a pattern of predatory behavior.
Dawn Dunning, Tarale Wulff, and Lauren Young all said Weinstein used his Hollywood fame to take advantage of women who wanted to become involved in the film industry.
The attorneys for the movie producer, however, contested the usage of the “prior bad acts.”
Johnson understands their move from a legal point of view.
“As attorneys, we make our reputation by trying to take these facts and trying to convince a judge pretrial that this is inappropriate for a jury to hear,” he said.
“If they lose, they’re going to appeal.”
Weinstein is set to remain in Rikers Island jail while awaiting the retrial, and is waiting to find out if he will be sent to California to serve his sentence there.
A pre-trial court date of May 29 has been set, with the trial possibly taking place in September this year.
