The jurors in the Harvey Weinstein rape trial sent a note to the judge Friday afternoon asking if they could be deadlocked on up to two of the five counts -- both predatory sex assault charges -- but unanimous on the other three counts. They were told to return to deliberations, with Judge James Burke refuting defense attorneys' request for a partial verdict.
The note came late into the fourth day of deliberating for the jury, made up of five women and seven men, and prosecutors asked the judge to tell the group to keep working on the case. The jury filed into the courtroom a short time later, where the judge reiterated that any verdict must be unanimous.
They were later dismissed until Monday, which will be the fifth day of deliberations.
The development came as jurors seemed hung up on one name -- Annabella Sciorra, the only woman tied to both predatory sex assault counts against Weinstein. The other three counts include criminal sex assault in the case of Mimi Haley and two counts of rape -- first- and third-degree -- in the case of Jessica Mann, who is also tied to one of the predatory sex assault counts.
Sciorra, "The Sopranos," actress was front and center again Friday as jurors listened to a re-reading of more of her testimony before telling the courtroom they had had enough readback of the communications.
Before going home the day before, the jury had sent the judge a note saying it wanted to review the cross-examination of Sciorra and any follow-up questioning by prosecutors. About 90 minutes into the reading, the jurors notified the judge they had “heard enough” and resumed their deliberations.
The jury has already focused on emails that Weinstein sent regarding Sciorra, including ones to the private Israeli spy agency he allegedly enlisted to dig up dirt on would-be accusers as reporters were working on stories about allegations against him in 2017.
Sciorra, now 59, was the first accuser to testify and took the witness stand nearly a month ago, telling jurors how the once-powerful movie mogul showed up unexpectedly at the door of her Manhattan apartment before barging in and raping and forcibly performing oral sex on her in late 1993 or early 1994.
On cross-examination, Sciorra was grilled about why she opened her door in the first place and didn’t find a way to escape if she was under attack.
Weinstein lawyer Donna Rotunno asked: “Why didn’t you try to run out of the apartment? Did you scratch him? Try to poke him in the eyes?”
Prosecutors say Sciorra weighed only about 110 pounds in those days, making her no match for the 300-pound Weinstein.
“He was too big” to fight off, she told the jury. “He was frightening.”
Weinstein, 67, is charged with five counts stemming from the allegations of Sciorra and two other women — an aspiring actress who says he raped her in March 2013 and a former film and TV production assistant, Mimi Haleyi, who says he forcibly performed oral sex on her in March 2006.
Sciorra's accusations are key to the most serious charges that jurors are weighing in the closely watched #MeToo case — two counts of predatory sexual assault, which carry a maximum penalty of life in prison.
The charge requires prosecutors to show that a defendant committed a prior rape or other sex crime, but doesn't have the statue of limitation constraints that would bar her allegations from consideration on their own.
Weinstein has maintained any sexual encounters were consensual.
The Associated Press has a policy of not publishing the names of people who allege sexual assault without their consent. It is withholding the name of the 2013 rape accuser because it isn’t clear whether she wishes to be identified publicly.
Sciorra went public in a story in The New Yorker in October 2017 after one of the few people she says she told about the incident, actress Rosie Perez, got word to reporter Ronan Farrow that he should call her.
Sciorra didn’t get involved in the criminal case until later. Her allegations weren’t part of the original indictment when Weinstein was arrested in May 2018, but after some legal shuffling they were included in an updated one last August.
Weinstein’s lawyers fought to get her nixed from the case in the run-up to the trial, arguing to no avail that prosecutors shouldn’t be allowed to use her claims because they predated the enactment of the predatory sexual assault charge in 2006.
Weinstein’s lawyers have also argued that it’s plainly unfair to make the producer defend himself against something alleged to have happened more than a quarter-century ago. They contend prosecutors shoehorned Sciorra into the case to get a marquee name on the witness stand.
“Annabella was brought into this case for one reason and one reason only,” Rotunno said in her closing argument last week. “She was brought in so there would be one witness who had some star power, one witness you may recognize and one witness whose name may mean something.”
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