Harvey Weinstein’s defense attorneys are following a classic strategy, seizing on what they say are prosecutorial missteps and misguided judicial rulings to build a case for a potential appeal after the Hollywood producer’s rape trial.

Donna Rotunno, defense attorney, said Harvey Weinstein was having heart palpitations and was admitted to the hospital.


Marianne Bertuna

weinstein mike

Not guilty on sexual predator charges one and three.

[February 21 2020 deadlocked ” not uncommon” says Judge ]


Jurors in the trial against Harvey Weinstein were deadlocked. The jury is hung on the first and third charges — of predatory sexual assault — and unanimous on the other three charges. To convict Weinstein of predatory sexual assault, the jury must be convinced that he committed a first-degree sexual offense against Annabella Sciorra and either Miriam Haley or Jessica Mann, or both.
There are a variety of ways in which the jury is limited as to possible outcomes. They will present their decision under the form of a verdict sheet, which comes with instructions. Jurors are supposed to begin by deciding on the predatory sexual assault counts – the very ones they seemed to struggle with this Friday – before tackling or skipping the other three. The verdict sheet forbids certain combinations, too – finding Weinstein not guilty on a specific count would mean issuing an identical verdict on another count, etc.

The prosecution issued their disapproval. The Weinstein legal team said they would accept a partial verdict.

“It is not uncommon for a jury to believe they will never reach a unanimous verdict but on further deliberation, they are often able to reach a unanimous verdict,” Burke told the courtroom.

[February 11 2020 Defense rests ]

Outside the presence of the jury, one of Weinstein’s lawyers told Justice James Burke that Weinstein would not be taking the stand.

“That’s correct,” Weinstein confirmed when asked by the judge.

The defense rested its case shortly after this exchange

[January 23 2020 Annabella Sciorra the prosecution’s second witness ]

Annabella Sciorra took the stand on the morning of January 23 2020— as the prosecution’s second witness — to testify about the night in the winter of 1993 or 1994 when she claims that Harvey Weinstein raped her after an industry dinner.

[July 11 2019 his two new female attorneys, Marianne Bertuna and Diana Fabi Samson ]

his two new female attorneys, Marianne Bertuna, New York Law School, and Diana Fabi Samson, Villanova University School of Law

Judge approved a new Weinstein legal team. After approving Baez’s request to withdraw from the case, Burke called him to the bench for a one-on-one chat that lasted about five minutes with no court reporter to transcribe the conversation.

Harvey Weinstein’s sex assault trial delayed, is now set for Sept. 9. Weinstein lawyer Marianne Bertuna argued that news coverage could influence potential jurors and that “the court cannot be complicit with the press in denying the defendant’s right to a fair trial.”

[June 11 2010 opens film in China ]

John Cusack, Chow Yun-Fat

Shanghai, John Cusack, Chow Yun-Fat

“Shanghai” is the first fruit of a $285 million Weinstein Co. fund announced in August 2007, which planned to produce two dozen films over six years.

The film screens Friday in Hong Kong and at the Shanghai International Film Festival on June 13.


The story of an American spy who arrives in Shanghai during the winter of 1941 to discover his friend has been killed. Driven to investigate the murder, he is drawn into an ever increasing web of mystery, conspiracy and deceit.

John Cusack, Chow Yun-Fat