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A Los Angeles judge ruled on Wed that five additional witnesses will be immune to bear witness against Harvey Weinstein at his upcoming rape trial, merely excluded testimony from actresses Rose McGowan and Daryl Hannah.

Prosecutors wanted to call 15 witnesses to prove almost the producer'southward "prior bad acts," but the judge excluded 10 of them.

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The judge will as well allow jurors to be told of Weinstein's New York confidence involving the sexual assault of Miriam Haley, though Haley will non be called to testify in Fifty.A.

Weinstein is facing 11 counts of rape and sexual assault pertaining to five alleged victims. The prosecution wants to telephone call the additional witnesses to show that Weinstein had a propensity to commit sex crimes.

His defense force lawyer Mark Werksman argued on Wednesday that the witnesses would misfile the jury and serve but to blacken his reputation.

"The jury will be tempted to want to punish him for all the things they heard, whether they're charged or not," Werksman argued.

Paul Thompson, the pb prosecutor, argued that it was not the D.A.'s mistake that so many women were lining up to testify against Weinstein.

"There is one person in this courtroom who is responsible for that," he said. "That is Mr. Weinstein's responsibility. Mr. Weinstein is the ane who committed all of these offenses against so many women over so many years."

The D.A.'southward move and the defence's opposition remain under seal. The witnesses were identified in courtroom only past first names, though some were readily identifiable.

Werksman said the prosecution was seeking to phone call "Daryl."

"The prosecution intends to introduce her testimony with the inflammatory purpose of trying to advise that this man is and then despicable, he would attempt to rape America's sweetheart — the mermaid from 'Splash,'" Werksman said.

Hannah has told her story to Ronan Farrow of the New Yorker, alleging that Weinstein twice pounded on her hotel room door, and that once she was forced to escape out the back.

Werksman argued that Weinstein wasn't even defendant of a crime in that incident, making it irrelevant to the case.

"She'south window-dressing — and so the jury will hate Mr. Weinstein a little more than than they already detest him," he said.

Werksman also referenced "Rose," saying the prosecution wanted her to testify that Weinstein had forcibly performed oral sex on her in a hotel hot tub. Thompson said the incident occurred in 1997.

McGowan was famously amidst Weinstein's first public accusers, alleging that Weinstein assaulted her at the Sundance Film Festival in 1997.

Lench ruled that whatsoever testimony pertaining to conduct prior to 2000 would not be immune, thus excluding McGowan's testimony.

The issue of "prior bad acts" witnesses has been one of the most important factors in Weinstein'due south start trial, in New York, and in Pecker Cosby's 2 trials in Pennsylvania. In the first Weinstein trial, three women were allowed to testify to uncharged sexual assaults.

Weinstein is now appealing his conviction — which sent him to prison for 23 years — partly on grounds that the additional testimony prejudiced the jury. An appeals court held a hearing on the matter in December, and a few of the justices appeared sympathetic to the defense force argument.

Werksman referenced the New York appeal in his statement, warning that allowing too many "prior bad acts" witnesses would brand any conviction in 50.A. ripe for entreatment.

"This is a kamikaze run past the People," he said. "Maybe they'll blame the (D.A.'s) appellate unit when the appeals court reverses the conviction."

Thompson countered that the Legislature has allowed such witnesses for a skilful reason, and that courts accept repeatedly upheld their use in California trials.

"It's constitutional," he said. "Information technology's permissible."

Lench sought to pare down the listing, allowing prosecutors to phone call women identified in court but as Natassia, Miss I. and Kelly S. Prosecutors will also be allowed to telephone call two additional women, though Lench gave the D.A.'southward office the opportunity to choose those witnesses from a list of vii.

Werksman was visibly frustrated by the ruling, arguing that the prosecutors had sought a high number every bit a "feint," in guild to make the judge'due south eventual ruling appear like a reasonable compromise.

"This is going to become a circus," he said. "I would beg the court to reconsider."

The judge said the parties are anticipating beginning the trial in September. The next hearing was set for June 10.

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Source: https://www.yahoo.com/entertainment/harvey-weinstein-face-testimony-five-185547226.html

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