NEW YORK (AP) — Two jurors who voted in June to convict Harvey Weinstein of sexual assault said they regretted their decision and did so only because other members of the panel bullied them, lawyers for the former movie mogul said in a new public lawsuit.
Weinstein's lawyers are seeking to overturn his conviction for first-degree criminal sexual act, arguing in documents released Thursday that the conviction was marred by “threats, intimidation and extraneous bias” and that the judge at the time failed to respond appropriately to it.
In affidavits included in the lawsuit, two jurors said they felt overwhelmed and intimidated by jurors who wanted to find Weinstein guilty on charges that accused him of forcing oral sex on television and on film production assistant and producer Miriam Haley in 2006.
One juror said she was yelled at in the jury room and told, “We have to get rid of you.” Another juror said that anyone who doubted Weinstein's guilt was questioned by other jurors and that if he could vote by secret ballot, “I would have returned a verdict of not guilty on all three counts.”
“I regret the verdict,” the juror said. “I believe that without the intimidation of the other jurors, the jury would have decided to convict Miriam Haley.”
Weinstein, 73, was acquitted of a second charge of sexual intercourse involving another woman, Polish psychotherapist and former model Kaia Sokola. A judge declared a mistrial on the latest charge alleging Weinstein raped former actress Jessica Mann after the jury foreman refused to continue deliberations.
This was the second time the Oscar-winning producer was tried on some of the charges. His 2020 conviction, a watershed moment for the #MeToo movement, was overturned last year. Now his defense team, led by attorney Arthur Aidala, is fighting to overturn his resentencing conviction and prevent another retrial on the unresolved charges.
Judge Curtis Farber gave Manhattan prosecutors until November 10 to conduct their own investigation and file a written response before issuing a decision on December 22. That means a decision and possible retrial or sentencing won't come until Manhattan District Attorney Alvin Bragg is re-elected on Nov. 4.
Jurors said they feared for their safety.
In affidavits that had jurors' names and identification numbers blacked out, two jurors said they feared for their safety and the safety of the foreman. They said that when the foreman asked for courtesy, another juror got in his face, pointed and said, “You don't know me. I'll catch you outside.”
One juror said deliberations were poisoned by the belief among some jurors that a panel member was paid by Weinstein or his lawyers. That claim, unsupported by any evidence, swung the jury of seven women and five men “from a 6-6 tie to a sudden unanimous verdict,” the juror said.
Some of what was said in the affidavit reflected the harshness that spilled over into public opinion during the deliberations. While the jury deliberated over the charges for five days, one juror asked to be excused because he felt another was being treated unfairly.
The foreman later complained that other jurors were encouraging people to change their minds, and one juror yelled at him for holding his opinion and suggested that the foreman “see me on the outside.”
After the jury returned verdicts on two of the three charges, Farber asked the foreman if he was willing to continue deliberations. The man said no, leading to a mistrial in the rape case.
After the trial, two jurors disputed the foreman's version. One said no one treated him badly. Another said the discussions were contentious but respectful.
The jury spoke to the judge
When jurors raised concerns, Farber strictly maintained the sanctity of deliberations and warned them not to discuss the content or tone of deliberations in the jury room, transcripts show. In their written statements, two jurors said they felt the judge was unwilling to listen to their concerns.
When the jury was asked if they agreed with the guilty verdict, one juror noted in her testimony that she paused “to try to indicate my dissatisfaction with the verdict.” Later, when Farber spoke to jurors, she said she told him “the deliberations were unprofessional.”
Weinstein denies all charges. The first-degree felony sexual assault charge carries a prison sentence of up to 25 years, and the undisclosed third-degree rape charge carries a penalty of up to four years, less than he has already served.
He has been behind bars since his initial conviction in 2020, and he was also later sentenced to prison in a separate case in California, which he is appealing.
