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.
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.
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.
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.)
The News Investigations:
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:
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