The jury in Harvey Weinstein’s L.A. trial deadlocked on Tuesday on two sentencing elements that might have led to an extended jail time period on rape and sexual assault expenses.
As a result of the jurors couldn’t attain a unanimous resolution on these elements, Weinstein will face not more than 18 years in jail on the L.A. case. Weinstein is already serving a 23-year sentence after his conviction in New York in 2020.
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The L.A. jury convicted Weinstein on Monday of three counts, discovering that he raped a mannequin on the Mr. C lodge in February 2013. The prosecution requested the jury to approve two elements: that the sufferer was “significantly susceptible” and that Weinstein had deliberate the assault.
On every of the three counts, Weinstein confronted a possible sentence of three, six or eight years in jail. Below a California regulation that went into impact on Jan. 1, a jury should approve “aggravating elements” to ensure that the decide to condemn him to the utmost time period — eight years — on every depend.
Had the jury agreed to the elements, Decide Lisa B. Lench might have sentenced him to as much as 24 years in jail. Weinstein’s protection workforce requested that he be sentenced as quickly as doable, and prompt Jan. 9. No date has formally been set.
The vote was 10-2 in favor of discovering the elements “true.”
The sufferer — recognized in courtroom as Jane Doe #1 — testified that Weinstein barged into her lodge room after midnight and forcibly raped her over the toilet sink.
Deputy District Legal professional Paul Thompson argued Tuesday morning that she was significantly susceptible as a result of she was hundreds of miles from her dwelling in Italy, spoke restricted English, and had “little or no help construction” within the U.S. He additionally argued that Weinstein held the higher hand as a result of he had deliberate the assault, and she or he was caught without warning.
“She was shocked,” Thompson argued. “She wasn’t planning for it. She needed to determine on the fly how she was going to react.”
Weinstein’s legal professional, Mark Werksman, countered that Jane Doe #1 was no extra susceptible than the common rape sufferer — noting that she was bodily match and was not impaired by alcohol or incapacity.
“She had a selection,” Werksman stated. “She didn’t need to open the door. She let him in as a result of she thought she might management the scenario… What you will have here’s what it’s. It’s what you convicted him of and nothing extra.”
The Los Angeles jury acquitted Weinstein of 1 depend and couldn’t attain a verdict on three different counts. The D.A.’s workplace has but to determine whether or not to retry him on these counts.
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