Weinstein defense urges acquittal as prosecutors seek to revive a #MeToo-era rape conviction

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NEW YORK (AP) — Harvey Weinstein's defense urged jurors Tuesday to acquit him and put an end to a #MeToo-era rape case that has gone to trial three times, while prosecutors pressed to restore a onetime conviction that got unwound.

Weinstein, the former Hollywood honcho who has been imprisoned on various sex crime convictions since 2020, watched quietly as the two sides made their closing arguments about whether he raped hairstylist and actor Jessica Mann in a New York hotel in March 2013.

“She has taken on a false narrative about all of this,” Weinstein lawyer Marc Agnifilo said.

“She has absolutely no motive to lie. None,” prosecutor Nicole Blumberg countered, noting that Mann went through five days of grueling, deeply personal testimony.

Jurors are expected to start deliberating Wednesday. They will have to sift through the complexities of a yearslong relationship between Weinstein, 73, and Mann, 40.

They met in early 2013, when she was trying to make it big in Hollywood. She testified that she anticipated a professional connection, was taken aback when he started making sexual advances but decided to have a relationship with the then-married, Oscar-winning producer.

A few weeks later, according to Mann, Weinstein abruptly took a room at a hotel where she and a friend were staying. She testified that she accompanied Weinstein upstairs to tell him she didn't want a sexual interlude, but he trapped her in the room, grabbed her arms, insisted she undress, went into the bathroom for a time, and then raped her.

“He just treated me like he owned me,” she testified last month.

Weinstein didn't testify, but his defense contends the encounter was consensual and part of a caring, if on-and-off, relationship that Mann valued until Weinstein’s #MeToo downfall in 2017. That was when news reports about allegations against him propelled a global campaign against sexual assault and sexual harassment. He has said he behaved “wrongly” but never assaulted anyone.

He was convicted in 2020 of raping Mann, got the conviction overturned, then saw a jury deadlock on it at a retrial last year.

In summations Tuesday, Agnifilo portrayed Mann as an unreliable witness making an ill-supported, implausible accusation. He cited her uncertainty about various dates and details in the years-old events, and he recalled a point when she said she was struggling to stay focused during cross-examination, prompting court to end early for the day.

Agnifilo underscored Mann's warm email exchanges and get-togethers with Weinstein before and after the alleged rape — and a musing, diary-like note she wrote to herself two days after the encounter. In the note, she expresses her misgivings about her emotional attachment in a nonexclusive relationship, asks whether she loves “him or the idea of him,” questions her “woulds and would nots,” and worries about being “a ‘bad’ person.”

The note doesn't name the man, but Agnifilo asserted that it was about Weinstein and that its silence about the alleged assault spoke volumes.

“This is how she's falling in love with him,” the defense lawyer argued.

The prosecutor's rebuttal: “She’s burying what the defendant did to her, and she’s struggling with the good parts of the defendant and the awful, the evil parts of the defendant.”

Over the years, Weinstein encouraged Mann’s acting ambitions, helped her land a hairstyling job, provided emotional support during her father’s terminal illness and tried to send her money — which she declined — when she was broke, according to trial testimony and exhibits.

To Weinstein's attorney, it amounted to “a sweet, loving, supportive relationship.”

But to Blumberg, “This was a woman who got manipulated by that man.”

While Mann acknowledged she loved “a part” of Weinstein, she testified that she begged him not to do anything sexual that day in the Manhattan hotel.

“No means no — to everyone except Harvey Weinstein,” Blumberg said, adding: “Jessica Mann deserves closure and justice.”

At points during her summation, Weinstein shook his head slightly and exchanged glances with his lawyer.

Whatever the outcome of the trial, the former studio boss still will stand convicted of other sex crimes in New York and California, though he is appealing those convictions. If convicted in the current trial, Weinstein could face up to four years in prison — less time than he already has served.

The Associated Press does not identify people who say they have been sexually assaulted unless they agree to be named, as Mann has done.