Harvey Weinstein Won’t Testify in Rape Trial, Which Could Go to Jury This Week
Harvey Weinstein has chosen not to testify in his own defense, an expected outcome as his Los Angeles trial for the rape and sexual assault of several accusers, who have given hours of grueling testimony over nearly two months, nears a conclusion.
Weinstein did not take the stand for his 2020 trial in New York, where he is serving a 23-year sentence. It is considered risky – and is less common – for defendants to testify on their own behalf in criminal sexual assault cases. In separate civil sex assault trials that both played out in October, Kevin Spacey and Paul Haggis each defended themselves from the stand; Spacey successfully, Haggis not so much.
Judge Lisa B. Lench made abundantly clear that she wanted Weinstein on the record saying he was aware of his rights: “I want you to understand that you have an absolute right to testify,” and also the right not to testify, the judge said to Weinstein, asking him to acknowledge his understanding.
“Yes,” Weinstein responded – which would be his only word on the record in this trial, besides saying “Hello, everyone” last month to a roomful of dozens of prospective jurors.
The defense began calling the first of six planned witnesses Monday, a group that includes an expert, an FBI agent, a hotel manager and others, mostly to authenticate records or dispute timelines. Defense attorney Mark Werksman said he expected to wrap up that process by Wednesday – meaning closing arguments could begin, with jurors getting the case as soon as the end of this week.
Just down and across the hall, the jury hearing the criminal rape case against “That ’70s Show” star Danny Masterson began fresh deliberations after two jurors were excused. The separate cases have been playing out on the 9th floor of a Los Angeles courts building since early October.
Weinstein faces seven charges of sexual assault from allegations spanning from 2004-2013. Weinstein could face up to 140 years in prison if convicted.
He is already serving 23 years in a New York prison for criminal first-degree sexual assault and third-degree rape, a conviction he has been granted the right to appeal. Weinstein has maintained his innocence since the New York Times first published accusations against him five years ago.
