(Updated with LA DA response) As expected, Harvey Weinstein’s defense team have moved to ask for a new West Coast trial for the incarnated producer. In a risky move, the Oscar winner’s Werkman Jackson & Quinn attorneys are putting the credibility of Jane Doe #1 and the LA County District Attorney’s office at the heart of their attack
“By her own admission to the prosecutors, Jane Doe 1 lied when she testified under oath that the extent of her relationship with Mr. Vicedomini was only that of friends and coworkers,” the motion filed today in LA Superior Court says of the Weinstein accuser and the Italian TV host and festival organizer (read it here).
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“The defense, again, pleaded with the Court to admit her admission and the February 12, 2013 Facebook messages because, at a minimum: 1) evidence of their sexual relationship showed that both she and Mr. Vicedomini lied to the jury, 2) their romance establishes that Mr. Vicedomini would not be inclined to provide his lover’s room number to Harvey Weinstein, and 3) the full context would have made the defense’s theory that Jane Doe 1 was actually with Pascal at his hotel on the night of the alleged rape more plausible to the jury,” the document added.
Alleging that “the jury was left with a false impression” of Jane Doe #1 and her claims, the motion also attempts to taint LA deputy DAs Marlene Martinez and Paul Thompson as painting a “false version” of events and circumstances.
Jane Doe #1 testified that Weinstein raped her in February 2013 in a Beverly Hills hotel room during the L.A. Italia Film Festival.
After a nearly two month long trial, the panel of eight men and four women found Weinstein was guilty on December 19 on all counts in relation to Jane Doe #1, not guilty of sexual battery of Jane Doe #2 and hung on charges on Jane Doe #3 and Jane Doe #4 a.k.a. California First Partner Jennifer Siebel Newsom. Judge Lisa Lench declared a mistrial on the counts where the jurors couldn’t reach a unanimous verdict
Citing interviews with jurors from the Weinstein trial that ended with a mixed verdict last month, the defense team want their new trial request considered by LA Superior Court Judge on February 23. Noteworthy, that date has already been penciled in as a likely sentencing date for Weinstein, who is looking at a maximum of 18 years behind bars.
The LA DA’s office declined comment on today’s defense motion when contacted by Deadline.
Not surprisingly, Weinstein’s camp had more to say
“The Motion speaks for itself and is demonstrative of just how some, even in the halls of justice, are inspired by social and political outcry rather than facts,” spokesman Juda Engelmayer told Deadline Tuesday. “Witnesses lied about crucial evidence that would have exonerated Mr. Weinstein, and it was somehow deemed unnecessary for the jury to hear or know those facts.”
Extradited to LA in the summer of 2021 to face multiple rape charges out here, the Pulp Fiction producer is already serving 23-years for his 2020 NYC conviction for multiple sex crimes. That East Coast case is on appeal with Weinstein’s Empire State lawyers asserting the Manhattan trial was unfair, the allegations were outside the statute of limitations, the verdict should be dismissed, and their client freed.
Pleading not guilty repeatedly to all counts, the 70-year old Weinstein is currently being held in the Twin Towers Correctional Facility in DTLA.
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