Weinstein pleads not guilty to rape and criminal sex act charges

Through his lawyer, the disgraced movie producer has steadfastly denied he forced any of the dozens of women who have accused him of sexual misconduct to have sex with him and his lawyer, Benjamin Brafman, has said the two sexual encounters described in the indictment handed up last week were also consensual.

Once one of the most powerful and admired producers in Hollywood, Weinstein has had a steep fall from grace in the last seven months since The New York Times and The New Yorker published exposes in which numerous women accused him of luring them to hotel rooms, ostensibly to talk business, then making unwanted sexual advances.

The stories, which won a Pulitzer Prize, became a catalyst for the #MeToo movement and prompted a cascade of revelations about other successful men who have abused their power to sexually harass women in the worlds of media, the arts, sports, haute cuisine and entertainment.

More than 80 women, including actresses Ashley Judd and Rose McGowan, have come forward with similar stories about Weinstein. Some accused him of using physical force to compel them to have sex. Others said he tried to barter parts in movies for sex or threatened to ruin their careers if they did not comply.

The accounts, however, had not led to a criminal prosecution, despite investigations by authorities in London, Los Angeles and New York. Two weeks ago, the Manhattan district attorney, Cyrus R. Vance Jr., became the first prosecutor to determine he had enough evidence to arrest Weinstein in connection with two incidents.

The arraignment is expected to follow a well-worn script repeated dozens of times a week in the courthouse. A clerk will inform Weinstein of the charges and ask him how he pleads. He will say “not guilty,” Brafman said.

The prosecution, led by Joan Illuzzi, will formally hand a copy of indictment to the defense along with a voluntary disclosure report, which will list in cursory fashion the evidence against Weinstein, including physical evidence, videotapes and his own statements to the police. It is highly likely Burke will then set a schedule for pretrial motions, the opening moves in a long process that usually ends in a trial or a guilty plea.

In criminal cases, the defense almost always files a motion to dismiss the indictment for insufficient evidence and Brafman has signaled he will take that step. Defense lawyers often also move to suppress statements the defendant has made or other evidence gathered by investigators.

It is unlikely there will be arguments about bail Tuesday since a criminal court judge has already set Weinstein’s bail at $1 million. He is free while awaiting trial, having turned his passport over to the Manhattan District Attorney’s Office. Either side can move to change the bail if there is a change in circumstances, usually when the case becomes stronger or weaker because of new evidence.

The grand jury that handed up the indictment May 30 is still hearing evidence from witnesses and could add charges. Prosecutors are also digging into the books of Weinstein’s companies, searching for evidence of financial crimes.

Investigators continue to interview women who have said Weinstein forced them to have sex with him. On Monday, for instance, prosecutors met with Melissa Thompson, an entrepreneur who asserted in a lawsuit filed Friday that Weinstein overpowered her and raped her during what was supposed to be a sales pitch at the TriBeCa Grand Hotel in September 2011, according to a person with knowledge of the meeting who spoke on condition of anonymity to discuss an open investigation.

The current indictment charges Weinstein with first-degree and third-degree rape as well as first-degree criminal sexual act, which covers forced oral or anal sex. The top charges carry a penalty of five to 25 years in prison, if he is convicted.

The criminal sex act count stems from an encounter with Lucia Evans, a marketing executive who told investigators that Weinstein forced her to perform oral sex in 2004 during what she thought would be a casting meeting at the Miramax office in TriBeCa. The victim in the rape case has not been publicly identified. Prosecutors have said she was attacked on March 18, 2013, inside a Doubletree Hotel at 569 Lexington Ave.

This article originally appeared in The New York Times.

Weinstein pleads not guilty to rape and criminal sex act charges

Weinstein, 66, is expected to plead not guilty to the rape charges and one count of criminal sexual act before Justice James M. Burke in State Supreme Court in Manhattan.

JOIN OUR PULSE COMMUNITY!