Weinstein’s lawyers are seeking to overturn his conviction for first-degree criminal sex act, arguing in papers unsealed Thursday that the guilty verdict was marred by “threats, intimidation, and extraneous bias,” and that the judge failed to properly deal with it at the time.
One juror said she was screamed at in the jury room and told, “we have to get rid of you.” The other juror said anyone who doubted Weinstein’s guilt was grilled by other jurors and that if he could have voted by secret ballot, “I would have returned a not guilty verdict on all three charges.”
“I regret the verdict,” that juror said. “Without the intimidation from other jurors, I believe that the jury would have hung on the Miriam Haley charge.”
Judge Curtis Farber gave Manhattan prosecutors until Nov. 10 to conduct its own investigation and file a written response before he rules on Dec. 22. That means a decision and a possible retrial or sentencing won’t come until after Manhattan District Attorney Alvin Bragg is up for reelection on Nov. 4.
In the affidavits, which blacked out juror names and identifying numbers, the two jurors said they feared for their safety and the foreperson’s safety. They said that when the foreperson asked for civility, another juror got in his face, pointed a finger and told him: “You don’t know me. I’ll catch you outside.”
After the jury returned a verdict on two of the three charges, Farber asked the foreperson whether he was willing to deliberate further. The man said no, triggering a mistrial on the rape count.
After the trial, two jurors disputed the foreperson’s account. One said no one mistreated him. The other said deliberations were contentious, but respectful.
When jurors came forward with concerns, Farber was strict about respecting the sanctity of deliberations and cautioned them not to discuss the content or tenor of jury room discussions, transcripts show. In their affidavits, the two jurors said they didn’t feel the judge was willing to listen to their concerns.
When jurors were asked if they agreed with the guilty verdict, one of the jurors noted in her affidavit that she paused “to try and indicate my discomfort in the verdict.” Afterward, when Farber spoke with jurors, she said she told him “the deliberations were unprofessional.”
