Harvey Weinstein’s Attorneys Push For Mistrial As Accuser Testifies

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On Wednesday, Harvey Weinstein’s legal team persisted in seeking a dismissal of the case, with Weinstein standing trial for alleged rape and sex crimes in New York City for the second time.

Thus far, all three motions for a mistrial have been denied by Judge Curtis Farber. 

Testifying Tuesday and Wednesday was Miriam Haley, a past production assistant for Project Runway who was one of the accusers in the case. On Wednesday afternoon, a call for a mistrial was made when Haley, who claims Weinstein coerced oral sex from her, spoke about why she maintained contact with him following the alleged event, stating, “I didn’t realize there were other victims.

As a gamer, I’d rephrase it like this: Arthur Aidala, Weinstein’s lawyer, asked to remove that statement from the record and demanded a new trial, claiming that the statement had tainted the entire jury panel. However, the judge only removed the statement but refused to grant a new trial. According to reports, Haley is set to testify about witnessing the Weinstein exposé in 2017 and being aware of other accusers involved in those reports, which might explain why she waited to report her own alleged incident.

“It’s going to come out,” Farber told Aidala.  

Haley serves as one of the three accusers who have filed complaints against Weinstein. She also appeared as a witness during Weinstein’s 2020 trial, but his conviction was reversed in April 2024 when the appeals court determined that the presiding judge had made an error by allowing testimony regarding unproven allegations against Weinstein from other women.

In this upcoming retrial, the Molineux rule’s principle, which typically disallows the use of a defendant’s past misconduct as evidence for their tendency to commit the current charges, remains relevant. The high-profile accusations against Weinstein also linger over the trial. Farber acknowledged on Thursday that there are constraints regarding the Molineux rule in this case, and Haley is permitted to testify about her awareness of sexual assault allegations from 2017, but she cannot provide specific details.

According to the judge’s ruling before the trial, neither party is allowed to present evidence or make arguments based on the overturning of Weinstein’s 2020 verdict or the jury’s not-guilty decision for specific charges during that trial.

At the witness stand, Haley claimed that the ex-magnate was relentless in making sexual advances towards her, and allegedly coerced her into performing oral sex at his apartment in Manhattan back in 2006.

At the Cannes Film Festival, Haley first encountered Weinstein. Later on, after asking about job prospects, she was offered a production assistant position in New York by Weinstein himself. Earlier attempts at unwanted advances, such as multiple invitations to Paris on his private jet, were resisted by her. However, she admitted under oath that she agreed to attend the premiere of Clerks 2 in Los Angeles with him.

She testified that she went to Weinstein’s apartment on July 10th before departing for Los Angeles, and it was there that he started kissing her against her will. He then allegedly forced her into his bedroom, where he is said to have held her down on the bed and compelled oral sex from her.

Haley started sobbing as she recounted the incident, explaining, “I was trying to push him away while saying ‘No, no this isn’t going to happen, no.’ I even told him I was on my period and ‘It’s not going to happen,’ but he ignored me. Every time I tried to get up, he forced me back onto the bed.

At that moment, Haley was figuring out the wisest decision given her concern he might escalate from forceful to violent,” she explained. “In an effort to ensure safety, she chose to bear it, bring the situation to a close quickly, and depart.

Haley declared that she indeed traveled to Los Angeles for the premiere, yet she never encountered Weinstein during her stay. Maintaining professional ties with him was important to her. However, she opted against reporting the incident to the authorities because, as a non-U.S. citizen, she had been working illegally on Project Runway, a fact that Weinstein was aware of. She was concerned about deportation and potential repercussions if she reported the matter to the police or the media.

She mentioned that she believed this individual held significant influence within the entertainment world, and there was a possibility that both the industry and the media might turn against her as a result.

Apart from her trip to Los Angeles, Haley additionally testified about returning to New York and encountering Weinstein at a hotel. She stated this was an attempt to regain some control over the situation. During this encounter, Weinstein unexpectedly requested a meeting in his hotel room, which later led to him engaging in unwanted sexual activity with her.

Haley stated, while fighting back tears, ‘I had barely moved, simply waiting for it to end, and yes, I felt responsible at that moment.’

In this current trial, the ex-powerhouse is accused of a new sexual assault charge, as claimed by a former model and actress named Kaja Sokola. She alleges that an incident involving forced oral sex occurred in 2006. Previously, he has also been charged with rape, stemming from an accusation made by aspiring actress Jessica Mann. She claims to have been raped by Weinstein in a Manhattan hotel in 2013 and testified against him in 2020. However, Weinstein has pleaded not guilty to all charges brought against him.

As a devoted admirer speaking up, I myself have always been captivated by Gloria Allred’s legal prowess, having represented women like Haley against high-profile figures such as Sean “Diddy” Combs, Bill Cosby, Jeffrey Epstein, and R. Kelly. This week, I found myself in the courtroom on both Tuesday and Wednesday, eagerly observing my client’s testimony unfold. Manhattan District Attorney Alvin Bragg was present in the courtroom on Tuesday, witnessing this critical moment alongside me.

Weinstein observed Haley while she was giving her testimony, jotting down points as she discussed her talk with her ex-roommate.

Prior to her continued testimony on Wednesday, Weinstein’s legal team had requested a mistrial, asserting that the prosecution had breached the discovery process by removing certain details from Haley’s schedule and then providing an unredacted version the previous night, which exposed the length of time she resided in New York and meetings with executives like Lorne Michaels. However, Farber rejected this request, suggesting that Weinstein’s defense could summon witnesses if necessary.

In the previous week, the legal team representing the defendant additionally requested a dismissal of the trial due to a friend of Haley’s testimony that she had no desire to sleep with Weinstein, which they argued was biased information.

On Wednesday, there was a heated discussion between the two sides, as Assistant District Attorney (ADA) Nicole Blumberg criticized the defense team for multiple lawyers objecting and filing motions that led to the possibility of a mistrial being declared.

“There’s not going to be one lawyer. This man’s life is on the line!,” Aidala shouted. 

“Please don’t grandstand,” Farber responded.

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2025-04-30 21:25