With Monday’s guilty verdicts on two expenses — third-degree rape and of a felony intercourse act — at Harvey Weinstein‘s New York trial, the query now turns to what’s subsequent for the previous Hollywood movie producer contemplating he’s dealing with comparable expenses in California.
Instantly following the decision, Decide James Burke – who presided over the trial – remanded the disgraced film mogul to jail, the place he’ll possible sit till his sentencing, till he’s transported to face trial in California.
“These next few weeks likely will be the toughest in Harvey Weinstein’s life,” West Coast-based felony protection lawyer David Shapiro – who shouldn’t be concerned within the matter – informed Fox Information on Monday following the choice. “Whether in the infirmary or protective custody, a man who once ran Hollywood is now uncertain if he will ever be free again.”
“In addition to the pending sentencing in New York for the two counts he was convicted of, Weinstein is also facing sexual assault charges in California, which will likely lead to consecutive prison time if convicted there,” added Shapiro.
Weinstein, 67, was hit with the intercourse crime expenses in Los Angeles simply as his rape trial started in New York Metropolis in early January. The costs levied by the Los Angeles County District Legal professional’s Workplace accuse him of raping one girl and sexually assaulting one other girl in separate encounters throughout a two-day interval in 2013.
Fellow California felony protection lawyer Silva Megerditchian – who additionally was not concerned within the matter – agreed with Shapiro’s evaluation, including that the previous government faces an “uphill” battle not solely in New York but additionally in Los Angeles the place he’s dealing with comparable sexual assault expenses.
Megerditchian additional defined the takeaways that the Los Angeles D.A.’s workplace can collect from the prosecution’s victory in Weinstein’s New York trial.
“The battle for Harvey Weinstein does not end after the jury reached their verdict in New York. Weinstein faces an uphill battle in his coming trial in Los Angeles,” she defined. “The Los Angeles District Attorney’s Office can learn a lot from the success of the prosecution in the New York Trial – though the victims are different, pressing charges for older sex crimes tend to be more difficult to prosecute.”
She maintained: “Memories fade, victims are often put on the spot via cross-examination to remember events that are sometimes years past. Jurors sometimes wonder why victims waited so long to put forward charges – but with all the issues, the New York prosecutors were able to successfully get guilty verdicts despite these challenges.”
Moreover, Megerditchian believes Weinstein, who can be housed at Rikers Island, has a longshot probability for launch even with a movement for attraction, including that each bodily launch or home arrest are possible out of the query.
“[Weinstein’s] defense will ask for bail pending appeal. I think it is unlikely the judge will release him pending appeal – neither physically nor via house arrest,” Megerditchian stated. “The defense in the New York case certainly has points to argue in the appeal process – namely allowing a juror to participate when they were authoring a book on a similar subject in the trial and can appeal the use of controversial similar act evidence – but again, I think the defense has an uphill battle in reversing the jury’s verdict.”
“The fact is the judge made a thorough record explaining his decisions and the jury took over five days to deliberate, seemingly thoughtfully, thus a successful appeal appears unlikely,” added Megerditchian.
Weinstein has not but entered a plea to the Los Angeles expenses which have been introduced towards him.