Harvey Weinstein was back in court Thursday morning after the disgraced movie mogul left with chest pains during jury deliberations one day before.
The 74-year-old has a history of heart trouble but looked alert when brought into the courtroom in the wheelchair he’s needed to use for years. He said he felt “good, fine.”
The ex-studio boss was in a courthouse holding area Wednesday when jurors, after a few hours of deliberating, sent a note asking to rehear some of accuser Jessica Mann’s testimony and to review a lengthy prosecution timeline of emails and other evidence.
After defense lawyers, prosecutors and Judge Curtis Farber convened in court to decide how to respond, Weinstein’s attorney Marc Agnifilo said court officers had told him Weinstein was experiencing chest pains.
Weinstein wasn’t brought into court, and Farber ultimately sent jurors home for the day a bit earlier than planned, telling them there were “unforeseen reasons” for the early dismissal.
Jurors were to get the requested information on Thursday.
The testimony spanned a point that Agnifilo had highlighted in his closing argument: a moment when she said she was “spacing out” during defense questioning. Mann was being quizzed about why she didn’t want friends to know that anything sexual had happened between her and Weinstein.
The defense was trying to suggest that she was worried about her reputation, not a rape that Weinstein says never happened.
Mann, 40, has testified that she willingly had some sexual interludes with the then-married producer, but that he subjected her to unwanted sex in a Manhattan hotel room in March 2013 after she repeatedly said no.
Lawyers for Weinstein have maintained that the encounter was consensual. They have emphasized that Mann subsequently continued seeing Weinstein and expressing warmth toward him. Mann has said she was mired in complicated feelings about him, herself and what had happened.
Her viewpoint changed in 2017, when a series of sexual misconduct allegations against the Oscar-winning Weinstein propelled the #MeToo campaign to hold people — especially powerful men — accountable for sexual misbehavior. Weinstein has said he “acted wrongly” but never assaulted anyone.
Some of those accusations generated criminal convictions against Weinstein in New York and California.
An appeals court overturned his 2020 New York conviction on charges that involved Mann and another accuser. At a retrial last year, jurors failed to reach a verdict on Mann’s portion of the case, leading to this retrial. Weinstein is charged with one count of rape in the third degree.
The current jury heard nearly three weeks of testimony, five days of it from Mann. Weinstein did not testify.
The Associated Press generally does not identify people who say they have been sexually assaulted. Mann, however, has agreed to be named.
