Weinstein defender Donna Rotunno’s closing argument lasted almost five hours last Thursday. However, that was not her last word on the matter. An opinion piece by the Chicago lawyer appeared on the Newsweek portal on Sunday. Title: “The jurors in the case of my client Harvey Weinstein have to look behind the headlines”.
The article is half an appeal to the twelve-member committee, fair and unbiased, and half an account with the international press, which – at least Rotunno sees – found its client guilty long ago. For the defense lawyer, who specializes in sex crimes, it appears to be justification enough to push the ethical limits of her profession herself. The article ends with the words: «Harvey Weinstein is innocent. His fate is on the brink and the world is watching. »
The ex-film mogul accused of rape and sexual assault faces a long prison sentence if convicted.
Rotunnos – more or less depending on the reading – direct addressing of the jury via the media, shortly before the twelve committee members withdraw to their deliberations, is at least unusual. Actually, the seven men and five women should decide as freely as possible from external influences. Prosecutor Joan Illuzzi then seems unable to wait until Tuesday morning to present her complaint. Judge James Burke has just put on his black robe when Illuzzi jumps up. Rotunno’s behavior is “100 percent inappropriate,” rumors the prosecutor.
Prosecutor Joan Illuzzi (photo) criticizes Weinstein defender Donna Rotunno. Picture: Jane Rosenberg / Reuters
The defense lawyer implied in the Newsweek comment that the jury should acquit her client. This is not only a direct violation of the court’s instructions, but also a violation of the code of conduct for lawyers in New York State. “If the court tolerates such behavior, we are all lost.”
A tip against Weinstein’s “PR machinery”
Right at the start of the trial, Burke had muzzled both sides for the duration of the trial – the defense, however, seemed to interpret this more as a recommendation to act. Just last week, a podcast with Donna Rotunno had made headlines and caused outrage from the prosecutor.
Lawyer Damon Cheronis defends his colleague Rotunno’s Newsweek comment in court on Tuesday: The text is a treatise on the jury system in general. And anyway, according to Cheronis, the judge repeatedly advised the jury members to avoid media reports in the Weinstein case. It would be a good point – if Cheronis did not contradict his own partner at this point: Rotunno had justified her Newsweek intervention, among other things, by the fact that it was almost impossible for jurors to ignore the media reporting on the case in this much-observed process.
Once again, however, Judge Burke does not seem willing to engage in the skirmishes between the prosecution and the defense. He leaves a tip against the “PR machinery” of the defense and a renewed warning to stay away from the press until the verdict. Then it goes to the most important item on the agenda: Burke instructs the jury members for just under an hour.
It’s about the legal definition of rape. The fact that the accused’s guilt must be beyond any doubt. And finally about the modalities of pronouncing the judgment. You can hear that Burke is not giving his lecture for the first time. The men and women in the red jury chairs look attentive despite their monotonous designs, some take notes.
At 11.31 a.m., the jury members left the courtroom in succession. Now it’s up to you to decide Harvey Weinstein’s guilt and fate. The committee does not have a time limit – observers anticipate that the deliberations could drag on for days.
Created: 02/18/2020, 08:42 PM
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