The Defendants: Case Files is the next iteration of The Defendants. Our first six episodes explored how the justice system is set up, and why it doesn't work for cases involving sexual violence. We are working on our next six, which will further explore how we can change this system for the better. In the interim, we want to keep the conversation going, and we're doing that with Defendants: Case Files. Once a month, myself and human rights expert Anuja Jaiswal are going to look into a specific case that caught our attention and ignited conversation. We're going to discuss what happened, why it played out that way, and what we think that can tell us about not just the justice system, but about us, and how our reactions contribute to the problem. Today, we're bringing you an episode about probably the most famous case in recent history - Harvey Weinstein. The allegations against Harvey Weinstein printed in both the New York Times and the New Yorker are broadly attributed to kicking off the MeToo movement. Recently his New York rape charge was dropped and his California charges were sent to resentencing. We wanted to talk about how this case, which was so talked about, came to our consciousness, and just barely squeaked through the legal system. Show Notes: At 9:04 Anuja says potential accuser and means potential accused At 12:09 Jane says "I will defame you" and means "I will sue you" Show notes may also be found on our Substack. Court Documents Criminal Charges: The New York Charges:New York News - Harvey Weinstein Surrenders to NYPD Initial 2020 Conviction:Harvey Weinstein is Found Guilty of Rape in #MeToo Watershed Jan Ransom's Article that details why some Charges didn't stick A Breakdown of the New York Testimony:The Six Women Who Accused Harvey Weinstein At His Trial and What they Said The Conviction is Overturned with Breakdown on Why From CBC News The Article with the Sentence Jane Disliked -"After the mixed verdict last year Ms. Mann said, 'I am ready, willing and able to endure this as many times as it takes for justice and accountability to be served.' But throughout this week, she has taken several brakes and has at times cried on the stand." Takeaways from Week 2 In Testimony at the Harvey Weinstein Trial Harvey Weinstein's Recent Rape Charge Dropped After Jury Deadlocks a Second Time *To clarify Anuja and Jane's wording in the episode around how many times Jessica Mann had to testify: She testified in front of a grand jury (which is essentially when you have to convince a jury that a crime happened and therefore it's worth prosecuting) and did three separate trials. The first trial, the conviction was overturned, and the second two, the jury deadlocked, meaning they couldn't come to a verdict. The California Charges and Victims:Harvey Weinstein's Los Angeles Trial Begins California Court Upholds Conviction but Orders New Sentencing On The Cross Examination Issue:From The New York Courts - Cross Examination Rules state that as long as the questions fit any other rules that are set for cross, you can be examined on any witness evidence that is admitted into trial. The Molineux Rule - This is the rule that got his conviction overturned (you can't use evidence of prior crimes that the defendant isn't currently being charged with. The thought process is that by including the accounts of the three women whose testimony did not lead to charges as evidence, you are assuming that he's guilty of those acts, that haven't been proven and that biases the jury.) Background The News Investigations: Harvey Weinstein Paid off Sexual Harassment Accusers for Decades (Jodi Kantor and Megan Twohey's story in the New York Times dated Oct. 5, 2017) From Agressive Overtures to Sexual Assault: Harvey Weinstein's Accusers tell their story (Ronan Farrow's story in the New Yorker dated Oct. 10, 2017) She Said: Breaking the Sexual Harassment Story that Helped Ignite A Movement (Jodi Kantor and Megan Twohey's book about reporting on Weinstein) Catch and Kill: Lies Spies and a Conspiracy to Protect Predators (Ronan Farrow's book about reporting on Weinstein) Catch and Kill - The Podcast by Ronan Farrow Catch and Kill - The Podcast Tapes (docuseries) Note: Most of the information around the reporting by Jodi, Megan, and Ronan is from these core sources. The stories you hear about victims of Harvey Weinstein like Zelda Perkins and Rowena Chiu are reported by both sets of journalists across their respective works. As stated, most of the quotes in this episode come from She Said. The quote from The New Yorker Lawyer responding to Weinstein's lawyer's allegations of Ronan Farrow's Bias comes from The Catch and Kill Podcast, Episode 7: Editors. Additional Sources: Ashley Judd's 2015 Studio Mogul article A Business Insider Article Chronicling Ronan Farrow's allegations against NBC An Account from Ronan's NBC producer about being shut down Support This Project Thanks for listening and being a part of this conversation. This is a completely grassroots, independent project and our ability to continue depends on your support. Subscribe to our Substack for additional content and please consider making a one time donation here. Any amount will help us continue. It also helps to subscribe to this show and share it with a friend! Help grow the conversation. Get in Touch! If you have questions or ideas about the show we'd love to hear them! Email us at defendantspodoutreach@protonmail.com You can also find us on instagram: we're @thedefendantspodcast and Jane is @jane_aster_roe If you want Jane to appear on your show, email Dalton Higgins at daltonhiggins@gmail.com. Resources: SA Survivor Resource Document - This document contains Canadian, U.S, and Global sources to find guidance, information, and aid for survivors of sexual assault. Detailed descriptions of each resource within the document.
