Harvey Weinstein appeared in court in New York on Tuesday, to plead not guilty on rape and criminal sex act charges.
The former movie mogul looked pale, walking into New York supreme court in Manhattan with a slight limp, to answer one count each of first-degree rape and third-degree rape of one woman and one count of first-degree criminal sexual act (forcing another woman to perform oral sex). Each charge carries a maximum sentence of 25 years. He spoke briefly, spending a few minutes answering questions from the judge, James Burke, who asked if he understood his rights.
Weinstein’s brief arraignment came six days after a grand jury indicted him. He later posted bail for $1m.
One alleged victim, who has not been identified publicly, told investigators Weinstein cornered her in a hotel room and raped her. The other accuser, Lucia Evans a former actor, has gone public with her account of Weinstein forcing her to perform oral sex at his office in 2004.
Outside the courtroom, the corridors were packed with photographers looking to get a clear sight of the producer on his arrival and departure. Weinstein was never expected to say much but this was still a momentous day in the downfall of a man whom dozens of women have accused of sexual misconduct. It was also a key staging post in what is likely to become the signature trial of the #MeToo movement.
In any event, the 13th-floor hallway at 100 Centre Street was both metaphorically and literally far removed from the luxurious Hotel Du Cap in Cannes, France, where Weinstein traditionally held court during the annual film festival while his production companies were minting Oscar-winning arthouse hits.
Shortly before Weinstein arrived in court on Tuesday, the celebrity lawyer Gloria Allred strode into the room, showing the signature determination that famous men accused of sexual misconduct have come to recognise all too well. Allred sat in the public benches but her presence signalled that this was not a run-of-the-mill hearing.
Weinstein appeared to take time to adjust to his his surroundings. When it came time to enter his plea, he remained seated between his attorneys and said clearly, in a low voice: “Not guilty.”
The 66-year-old has denied all allegations of non-consensual sex. His lawyer, Benjamin Brafman, has challenged the credibility of Weinstein’s alleged victims and says his client is confident he will clear his name.
Brafman has called the rape allegations “absurd”, saying the accuser and Weinstein had a decade-long consensual sexual relationship that continued after the alleged 2013 attack. On Tuesday, the attorney said he wanted the case tried in the courtroom, not in the press.
“Mr Weinstein today is presumed innocent,” he said. “He has denied these charges and intends to fight them. These cases have created a firestorm of publicity. My job is to defend specific allegations of sexual misconduct, not the issue of the Hollywood casting couch over the last 30 or 100 years.”
Brafman then apologised for using the term “casting couch”, a term prosecutors claim makes light of the charges. Brafman said he would “never” use the phrase again.
He also said the case against Weinstein was “eminently defensible” based on what has been learned about the evidence.
The hearing was dominated by a side issue, involving Brafman’s law firm. One of three women who filed a class action lawsuit last week claiming Weinstein sexually assaulted them also claims she was deceived into contacting Brafman’s firm after being told he would be representing the producer’s alleged victims.
Weinstein remains free on bail while he awaits trial and is scheduled to return to court on 20 September. Brafman said his client was “holding up reasonably well”.
Prosecutor Joan Illuzzi rejected as “highly presumptuous” an accusation by the defense that prosecutors had been a source of leaks about the case.
Illuzzi was put on the Weinstein case by the Manhattan district attorney, Cyrus Vance Jr, after the Democrat came under public pressure for declining to prosecute the producer in 2015, when an Italian model went to police to say Weinstein groped her during a meeting.
Police set up a sting in which the woman recorded herself confronting Weinstein and him apologizing for his conduct. Vance decided there was not enough evidence to bring charges.
