Harvey Weinstein was just rolled into the courtroom via wheelchair, looking much more alert than I've seen in the past.
Day 5: The state will call two "very brief" witnesses, and then Jessica Mann (the sole accuser in the trial) will take the stand.
Witness on the stand is Rothschild Capulong, a former overnight manager of the DoubleTree Hotel on 51st and Lexington (the location of the alleged 2013 rape).
Capulong checked Weinstein into the Doubletree Hotel on March 18, 2013 around 10:30AM EST. We review a document that confirms his check in.
The comments section of the document said 'do not address him by his real name,' but states that it’s celebrity Harvey Weinstein, who checked in. Capulong stated he didn’t know who he was.
Capulong confirms that Weinstein was with a female. He confirms his observation (or impression, per Marc Agnifilo's objection) was that the female did not want to be there at that time. Capulong said the female looked "unhappy."
Capulong said he came this conclusion because she "was not smiling." He said it looked like she did not want to be there- Agnifilo objected, and it was sustained.
Capulong goes onto say Weinstein was "looming" on the counter and rushing the check-in process. He says he was leaning on the counter, with his torso touching.
State asks how close Weinstein's body came to his while checking him in, and he couldn't recall. State asked how he was feeling in that moment, Agnifilo objects, and it's sustained.
State asks to approach, Farber says no.State rephrases the question, and Capulong says he felt intimidated because Weinstein's voice was very loud.
Capulong says he wanted to get a better look at the woman with Weinstein because of a “gut feeling” and he wanted to make sure she was ok. He describes his training in guest safety. When he tried to get a better look at the woman, he says Weinstein moved and blocked his view.
He recalls writing his report/email, and wrote of his “gut feeling,” and asked security to monitor the 19th floor, where Weinstein’s room was booked. Capulong also stated he didn't call 911 because he didn't see any immediate danger.
Capulong states it was infrequent for him to write safety reports like that.
Marc Agnifilo for cross-examination: He brings up the email/report, and how important it was.
Agnifilo asks where the email is- Capulong states he doesn't know where the email is, and he never saw it.
MA: Isn't the purpose of the important email would be so you can document something, and you wouldn't have to be guessing what you wrote, 13 years later?
Agnifilo asks if he recalls anything Weinstein and the woman (now identified as Mann) were wearing. He doesn't recall.Agnifilo pulls up Weinstein "check-in" document, and points out that the DA's office essentially approached them in 2018 and asked them to recall all of this.
MA asks if Capulong told anyone else about this incident, and he says one person, who has since passed away.
MA says something along the lines of "OHHHHHHH, so the only person you told passed away"
Agnifilo asks if he told his co-worker standing 3 ft away from him about the intimidation he felt with Weinstein.
Capulong said no.
MA: Did you ever try to find that email you sent?
Capulong: No.
MA: Did you see him physically touch the female at all?
Capulong: No.
MA: So there was no touching whatsoever?
Capulong: No
Capulong lists the people who reportedly received the email, and confirms he didn't receive a response.
MA: What did you write in the email? To the best of your memory?Capulong: I wrote the female companion appeared to be discontent, and could they check in on the 19th floor
No further questions. Redirect
