Harvey Weinstein just arrived in court in a wheelchair, wearing a wrinkled navy-blue suit and looking especially pale.
Judge Farber just denied everything the defense requested regarding interviewing the jurors that claimed they were bullied into the guilty verdict.
The state is asking about sentencing for Miriam Haley, and confirms they want to try Weinstein on the Jessica Mann charge for the 3rd time. They mention April 2026, and Judge Farber asks why so far away…
The defense says that April is way too far away, Farber says he wants the trial to happen the first week in March. Weinstein isn't reacting at all.
The state said they may have 10 days of witness testimony for the Jessica Mann trial, so March is too soon.Judge Farber: But it's a retrialArthur Aidala, Weinstein's attorney: It's a triple retrial
Judge Farber just set the retrial for March 3rd.
Judge Farber asked if the defense would like a bench trial or a jury trial, and they don't know yet.
Aidala stood and expressed his disappointment that this case is going to trial for the third time-an E felony-citing Weinstein’s health issues, his 16-year Los Angeles sentence, and the belief that if his client weren’t Harvey Weinstein, the case could be resolved without another trial. He also noted that Mann previously said testifying and preparing for trial was so stressful it sent her to the hospital.Arthur Aidala: If this was 'Harvey Jones,' a judge would sentence him and not waste the tax payer money. We wouldn't have the deputy prosecutor prepare and spend all this money for an E -felony. I have fatigue of this case. It's not fair to the citizens.Farber: Is your client interested in a plea?Aidala: The numbers they are suggesting will have him die in prison.Aidala asks to speak with Weinstein for a few minutes privately.
The defense wanted the jurors names redacted or private on filings, but Judge Farber argued they already spoke to the press. The state also claimed this was not a waste of tax payer time, and said this is what justice in Manhattan is for rape-survivors.
I'm sitting in the second row of the gallery, and made eye contact with Weinstein as he was wheeled out to speak to his lawyers. He looks so alarmingly pale.
Weinstein returned, and Aidala said he did not want to have plea negotiations in open court. They moved to the judge's chambers. When Weinstein was wheeled back out, he was holding the book "Unplugged," by Tom Freston.
Many people in the gallery are whispering about how terrible Weinstein looks. I concur. He looks like he hasn't seen sunlight in decades, honestly.
The lawyers are at the bench now, having a discussion with Judge Farber, and they are laughing.
Farber stated that while there were discussions, Weinstein would like additional time to discuss plea negotiations, and he would like to keep the schedule they previously discussed. Farber said he will not impose sentencing on Miriam Haley.
Harvey Weinstein speaks to judge- I took notes as best as I could, I'm sure I missed some:“At least one juror carried a personal agenda, saying I bribed someone. These allegations shattered any impartiality. I’ve been incarcerated nearly 6 years, half of which at Rikers Island. The conditions are soul-crushing. Rikers is a death sentence. My mental state has collapsed and I have constant anxiety. The isolation is unbearable. I go to sleep with anxiety that I will not wake up. I believe my children need me. I won’t let my daughter, who is 15 years old, in there because of the conditions. I let my 12-year-old son in there once. I know I was unfaithful, but I never assaulted anyone. I have taken lie detector tests, and I’ve asked for another one. I ask to speak to the jurors; I don’t understand why we can’t talk to them. I don’t mean to be disrespectful.”
The judge sets a date of February 25 for pre-trial motions ruling, and reiterates the trial is March 3rd. Court is adjourned. Harvey is wheeled out, and says goodbye to his prison consultant and public relations people.