Jurors in Harvey Weinstein’s case have asked the court for legal clarifications, to repeat testimony from key witnesses and even to provide apartment blueprints since deliberations began on Tuesday.
In all, jurors have sent in 10 notes, some of which had multiple questions and requests.
Their specific questions showed a focus on testimony from Miriam Haley, whose testimony is connected to two charges against Weinstein, as well as from Annabella Sciorra, whose testimony can be used to elevate the seriousness of the charges.
A question on Friday specifically asked if they can be hung on two of the counts against Weinstein.
Weinstein is charged with five counts, including predatory sexual assault for allegedly sexually assaulting Haley and raping Jessica Mann. Weinstein has pleaded not guilty and his defense attorneys argued that the sexual encounters were consensual.
Here’s a look at what jurors have asked so far.
Legal definitions of the charges
About 40 minutes after they started deliberations Tuesday, the jury sent a lengthy note asking for clarifications on a number of legal issues.
The note asked for legal definitions of many of the terms in the charges and why the statute of limitations has not run out for certain crimes. The questions indicated they didn’t understand how the verdict form was structured.
It was an understandable question; the verdict form in Weinstein’s trial included a complex mix of either/or charges, witnesses who are not directly part of charges and legal terms with specific definitions.
In essence, Weinstein is primarily charged with alleged sexual attacks against Haley and Mann. If the jury finds him guilty on either or both of the first-degree felony counts – criminal sexual act and/or rape – then Sciorra’s rape allegation can escalate the charges to the more serious felony of predatory sexual assault, which is punishable by up to life in prison.
We explain the answer in more detail here.
Blueprint of Weinstein’s apartment and Black Cube emails
On Tuesday afternoon, the jury sent in a note asking for a copy of the blueprint of Weinstein’s apartment in SoHo, a neighborhood in New York.
Haley, one of the two central accusers in the case, said she was sexually assaulted in the apartment in 2006. Tarale Wulff, one of the case’s “prior bad acts” witnesses, said Weinstein pinned her down and forced her into a sex act there in 2005.
Jurors also asked for a copy of all of the emails in which certain women’s names are highlighted in red, referring to a list that was sent to Black Cube, an Israeli spy group that Weinstein hired to investigate allegations against him. Actress Annabella Sciorra’s name was highlighted in red in the document, prosecutors said in the trial.
Sciorra testified that Weinstein barged into her apartment and raped her in the winter of 1993-1994.
Miriam Haley’s charges and related emails
On Wednesday morning, the jury asked for a transcript of Haley’s direct testimony and cross-examination concerning events on July 10, 2006 – the date of the alleged assault – and on July 26, 2006, when she met Weinstein at a hotel and had sex with him. She testified that she did not physically fight Weinstein in the second incident.
Judge James Burke said he cannot give them the transcript but it can be re-read if they would like.
The jury also asked the judge to re-read the two charges concerning Haley: predatory sexual assault and first-degree criminal sexual act.
Further, the jury asked to see all of the emails from Weinstein’s email address “relating to Miriam Haley.” Judge Burke said the emails will be provided to them electronically.
Read Haley’s testimony and more emails
Just after 10 a.m. on Wednesday, the jury asked for the court to read out the transcripts of Haley’s testimony about July 10, 2006, and July 26, 2006. Two court reporters read the transcript, skipping objections and material that was not allowed. It took about one hour and 5 minutes.
Jurors also asked a slightly different email question: “Please provide all emails between the defendant and Miriam Haley and any emails from the defendant to others regarding Miriam Haley.”
After some legal debate between the defense and prosecution, the judge ruled that the jury can have access to all emails between Weinstein’s email addresses and Haley, any emails from Weinstein to others regarding Haley and any emails from Weinstein Company email addresses regarding Haley.
During the trial, defense attorneys highlighted texts and emails Haley sent to Weinstein in 2006 and 2007, after the alleged attack, that they say makes clear that she wanted to continue seeing him afterward.
The prosecution had objected to including the Weinstein Company emails, but they were overruled. The emails were loaded onto a clean computer and taken to the jury room.
Read Rosie Perez’s testimony about Sciorra
On Wednesday afternoon, jurors asked that Rosie Perez’s testimony be read to them.
Perez, the actress known for “Do the Right Thing,” testified that Sciorra told her about the alleged rape in a phone call shortly after it happened, but Sciorra wouldn’t say who did it.
“I think I was raped,” Sciorra said, according to Perez’s testimony.
It wasn’t until months later, when Perez called Sciorra in London after hearing that Weinstein was allegedly stalking her, that she learned who the attacker was, she testified.
“She told me that it was in fact Harvey Weinstein that raped her,” Perez said.
Court reporters read Perez’s testimony to the jury, which took up the rest of Wednesday’s deliberations.
Jurors also asked three other questions for materials presented at trial.
They asked for a copy of all communication between Weinstein and Paul Feldsher, Weinstein’s friend who testified that the movie producer was a “sex addict.”
They asked for a copy of the PowerPoint presentation of Dr. Barbara Ziv, the forensic psychiatrist who testified for the prosecution about “rape myths.” Judge Burke said the presentation could not be provided because it was considered demonstrative evidence.
Finally, jurors asked for all written or digital communications mentioning Sciorra that were presented as evidence, including communications involving Black Cube or Guidepost Solutions, both investigative firms.
Read Sciorra’s cross-examination
Late Thursday afternoon, the jury asked that the court read the cross-examination and “everything afterward” regarding Sciorra’s testimony.
A transcript was to the jurors on Friday morning.
List of Sciorra’s contacts
Also Thursday, the jury sent a note asking for an exhibit that shows the list of people Sciorra spoke to about the alleged attack.
The judge said that item was not received into evidence, so it will not be provided to the jury.
No more Sciorra transcript
As the court reporters read a transcript of Sciorra’s testimony on Friday morning, the jury sent a note during the bathroom break saying they had heard enough of the readback didn’t want to hear any more.
10-minute break outside
Midday Friday, the jury requested a 10-minute break outside.
If they can be hung on counts
The jury has asked the judge if they can be hung on count one and/or count three while agreeing on other counts.
Count 1 is predatory sexual assault related to Haley and Sciorra, and Count 3 is predatory sexual assault related to Mann and Sciorra.
Judge Burke charged the jury to continue deliberations.
“As I told you in my initial instructions, any verdict you return on any count must be unanimous verdict,” he said. “If you cannot return a verdict on a particular count you cannot return a verdict on that count.”
Burke said while sometimes juries think they could never get to a verdict, “after further deliberation most juries are able to reach a unanimous verdict.”