New York (AP) – An accuser will be allowed to use the word “strength” in his testimony in Harvey Weinstein’s new trial despite the fact that the dishonest magnate of the film was acquitted of a violation position that alleged that he used physical strength against her, a judge ruled on Wednesday.
Manhattan’s judge, Curtis Farber, revoked his previous decision to prohibit the candidate to tell jurors that Weinstein used force against her, explaining that after a review of the jurisprudence he decided that he liked the colleague.
“It will not be prevented from using the term force or describing the use of force,” Farber said at the last pretial hearing before the jury selection will begin next Tuesday.
The woman is one of the three accusers whose accusations form the basic of the charges in the new Weinstein trial in the State Court in Manhattan.
Weinstein has denied that he has raped or sexual assault on anyone.
Weinstein’s lawyers argued that letting the woman testify that she used the physical force that the meeting in a Manhattan hotel would open to tell jurors that Weinstein was acquired in her 2020 trial or forcree’s violation. It was the most serious position related to his accusations.
But Farber said that is not necessarily the case. He said that Weinstein’s lawyers are free to challenge the version of women’s events in the interrogation and suggested that they could an instruction of the jury to clarify any confusion.
The Manhattan District Prosecutor’s Office wanted to prevent jurors from listening to any mention of Weinstein’s absolute and condemnation of Vaca.
Weinstein, 73, is being withdrawn by a position of sexual crime, as well as a third grade violation, which implies a lack of consent but not “forced compulsion.” The authorities said that Fortcible made oral sex in a television and film production assistant in 2006, and violated an actor aspiring in 2013.
Weinstein is also being tried for an additional position based on an accusation of a woman whose accusation of violation was added to the case last year. That position, presented last September, alleges that he forced oral sex to a different woman at a Manhattan hotel in 2006.
The New York Court of Appeals showed Weinstein’s conviction last year, preparing the stage for his new trial. His acquittals, for the position of rape in the first degree and two positions of predatory sexual assault, still remain.
The trial start time was questioned on Wednesday when Weinstein’s lawyers and prosecutors about the incorrectness that an assistant district prosecutor in the Tok case last a 2020 interview with the accuser who was not part of the first case.
Weinstein’s lawyers said they can try to call the prosecutor of the assistant district of notes as a witness, disqualifying her from working in the case, while looking to undermine the credibility of the accuser. The defense maintains that the testimony of the woman’s grand jury last year on Weinstein using physical force on her was inconsistent with what she said in the 2020 interview.
Prosecutors said they would see the trial delay in 60 days if they cannot reach an agreement with Weinstein’s lawyers in the dispute of the note.
The woman who said Farber can say “strength” in her next testimony that broke when she testified in Weinstein’s 2020 trial, which led the judge to stop the procedures for the day.
The woman claimed that the head of the study caught her in a New York hotel room in March 2013, angry ordered her to undress as she approached her, and then raped her. She claims that Weinstein raped her again eight months later at a Beverly Hills hotel, where she worked as a hairdressing.
“I want the jury to know that he is my rapist,” the woman told the jury in 2020.
In the conviction of Vacancy Weinstein, the State Court of Appeals ruled that the judge of first instance, James M. Burke, unfairly allowed the testimony against him based on the accusations of other women who were not part of the case. Burke is no longer in the bank and such testimony will not be part of the trial.
Weinstein was convicted in Los Angeles in 2022 or other rape. His 16 -year prison sentence in that case is still standing, but his lawyers appealed in June, arguing that he did not receive a fair trial.
Farber ruled on Wednesday that if Weinstein testified in his trial, prosecutors can ask him if he has a sentence for serious crime in California, but not the nature of the underlying crimes or facts.
