will get out of a black SUV in lower Manhattan next week and walk into a media gauntlet. More than 150 journalists have obtained credentials to cover his rape trial, making for one of the biggest spectacles in memory.
“I think this is going to be a very, very difficult case for the prosecution to win,” says Jeffery Greco, a criminal defense attorney who practices in New York and Los Angeles. “A lot of jurors are going to look at him and say, ‘I don’t doubt that what he did was morally wrong and reprehensible, but I don’t know that it was against their will.’ If that’s not believed beyond a reasonable doubt, they’re going to walk him.
In pretrial motions, Weinstein’s then-attorney argued that Haleyi and the unidentified accuser maintained friendly relations with Weinstein long after the alleged assaults. The attorney, Benjamin Brafman, disclosed emails in which both women sought Weinstein’s help in landing jobs. “No matter what you know about him, he’s only charged with crimes related to these two women,” says Julie Rendelman, a defense attorney and former Brooklyn prosecutor. “If the jury focuses only on that, the prosecutor does have problems with their case.”
In addition to Sciorra, three other corroborating accusers — who have not yet been identified — will testify about incidents in 2004, 2005 and 2013. Their testimony will be used to buttress the main witnesses’ accounts, in much the way that Bill Cosby was tried and convicted in 2018. The defense has indicated that it may try to go after the NYPD for alleged misconduct. The lead investigator, Det. Nicholas DiGaudio, was removed from the case after allegedly withholding exculpatory evidence from prosecutors.
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