Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Harvey Weinstein trial: What has the jury indicated so far and when can we expect a verdict?

Former Hollywood mogul could spend rest of his life behind bars if convicted on most serious charges against him

Clémence Michallon
New York
Thursday 20 February 2020 15:15 EST
Harvey Weinstein tells reporter his legal team 'are great' as he arrives at court

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

The jury in Harvey Weinstein‘s criminal trial began its third day of deliberations on Thursday as the former movie mogul’s fate remained in the balance.

Seven men and five women have been picked to rule on whether Weinstein should be convicted or acquitted – and on which charges. All 12 will have to reach a unanimous decision in each case.

Weinstein is accused of raping one woman in 2013 and performing a forcible sex act on another woman in 2006. He has pleaded not guilty and denied all allegations of non-consensual sex.

More precisely, Weinstein is facing five different counts in the case. Those five counts include two counts of predatory sexual assault, one each of first-degree rape and third-degree rape, and one of criminal sex act.

In order to announce their decision, the jury must fill out a verdict sheet that comes with a complex set of instructions, telling them for example that should they find the defendant not guilty on count one, then they must also find him not guilty on count three and proceed to counts two, four and five.

Jurors don’t have to make a decision on all counts and can, in some circumstances, skip some of the charges.

The verdict sheet instructs the jury to start by reaching a verdict on the predatory sexual assault counts. Depending on what they decide on those counts, they can move on to or skip other charges.

So far, jurors have focused a lot of attention on Sopranos actor Annabella Sciorra’s allegation that Weinstein raped her in the mid-1990s.

Sciorra’s allegation is too old to be charged on its own because of the statute of limitations, but it’s a key component of the most serious charges against Weinstein.

On Tuesday, signaling their interest in Sciorra, jurors sent a note seeking clarity on why Weinstein wasn’t charged with other counts stemming from her allegation. They were told by the judge that they “must not speculate as to any other charges that are not before you”.

The panel of seven men and five women finished Wednesday’s round of deliberations by revisiting actress Rosie Perez’s testimony about what she says Sciorra told her after the alleged rape.

Each of the predatory sexual assault counts faced by Weinstein is punishable by 25 years to life in prison. The first-degree rape and criminal sex act counts each carry a maximum of 25 years. Third-degree rape carries up to four years.

Should the jury find Weinstein guilty on one of the predatory sexual assault charges, a minimum sentence would keep him in prison until his early 90s.

If Weinstein is convicted on any of the charges, he will be required to register as a sex offender under New York law.

Weinstein faces more criminal charges in a Los Angeles case announced last month, just as the New York trial was getting underway.

If the 12 jurors can’t reach a unanimous decision in the New York case, there could be a hung jury. There is no fixed amount of time that must elapse before a jury is considered hung. Jurors can take several days, including a week or more, to reach a verdict.

In the present case, this means a verdict could realistically come on Thursday afternoon, Friday, or the following week.

Additional reporting by agencies

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in