Harvey Weinstein’s Attorneys Push For Mistrial As Accuser Testifies

Harvey Weinstein’s defense team continued to push for a mistrial Wednesday as the former mogul faces rape and criminal sexual charges in Manhattan for a second time. 

Thus far, all three motions for a mistrial have been denied by Judge Curtis Farber. 

Miriam Haley, a former production assistant on Project Runway and one of the complaining witnesses in the case, has been on the stand Tuesday and Wednesday. The latest call for a mistrial came Wednesday afternoon as Haley, who alleges that Weinstein forced oral sex on her, testified about why she continued to stay in communication with the former mogul after the alleged incident, saying, “I had no idea there were other people.” 

Arthur Aidala, Weinstein’s defense attorney, called for that statement to be stricken from the record and moved for a mistrial saying she had “contaminated the whole jury.” Farber struck the statement but denied the mistrial, as Haley is expected to testify to seeing the Weinstein exposé in the media in 2017 and the other accusers involved in those reports, as part of the reason why she waited to report her own alleged incident. 

“It’s going to come out,” Farber told Aidala.  

Haley is one of the three complaining witnesses bringing charges against Weinstein. She also testified at Weinstein’s 2020 trial, but the conviction was overturned in April 2024 when the court of appeals ruled that the trial judge improperly allowed testimony from other women about uncharged allegations against Weinstein.

That ruling, related to the Molineux rule, which generally prohibits using evidence of a defendant’s prior bad behavior to prove their propensity to commit the charges in question, hangs over this retrial, as do the now very public allegations against Weinstein. Farber said Thursday that there are “limitations in regard to Molineux” in this trial and Haley will be allowed to testify that she saw reports of sexual assault allegations in 2017, but will not be able to go into any detail. 

Per a pre-trial ruling, neither side can use evidence or arguments related to the reversal of Weinstein’s 2020 conviction nor the jury’s decision to acquit Weinstein on certain charges at that time. 

On the stand, Haley alleged that the former mogul had been “persistent” in his sexual advances and had forced oral sex on her at his Manhattan apartment in 2006. 

Haley met Weinstein at the Cannes Film Festival and was later given the production assistant job in New York by Weinstein, when she inquired about work opportunities. While she said she had resisted earlier advances, including repeated invites to Paris with Weinstein in his private jet, she testified that she had accepted the invitation to the Clerks 2 film premiere in Los Angeles. 

She said she met with Weinstein in his apartment July 10 before leaving for Los Angeles, where he began kissing her and then pushed her into his bedroom, where she testified that he held her down on the bed and forced oral sex on her. 

Haley began crying as she described the scene, saying “I’m trying to get him off me and I’m saying ‘No, no it’s not going to happen, no.’ And I told him I was on my period and ‘It’s not going to happen.’ And he didn’t listen,” she said. “Every time I tried to get up, he pushed me back onto the bed.” 

“My brain was calculating what the best course of action was for me at that moment,” Haley said, citing her fear of him turning from forcible to violent. “I decided in that moment that the safest thing to do is just to check out, endure it and have it over with and leave.” 

Haley testified that she did fly to Los Angeles for the premiere but did not see Weinstein and stayed in contact with him for professional opportunities. She did not want to report the incident to police because Haley, who is not a U.S. citizen, had been illegally working at Project Runway while on a tourist visa (which she said was known to Weinstein). She feared deportation as well as what could happen to her if she reported to police or the media. 

“My thoughts were that this person was very powerful in the entertainment industry, and that I risk having both the industry and the media turn against me instead,” she said. 

Haley also testified to returning back from the Los Angeles trip to New York and meeting with Weinstein at a hotel because she was “trying to gain some control back.” In that incident, Haley said Weinstein unexpectedly asked to meet her in his hotel room and began having unwanted intercourse with her. 

 “I was basically just lying there motionless, more or less, just waiting for it to be over. I did blame myself that time,” Haley said tearing up on the stand. 

The former mogul also faces a rape charge related to a claim from aspiring actress Jessica Mann, who alleges she was raped by Weinstein in 2013 in a Manhattan hotel and also testified in 2020. He’s facing a new criminal sexual charge in this trial related to claims from former model and actress Kaja Sokola, who alleges he forced oral sex on her in 2006. Weinstein has pleaded not guilty to all charges. 

Gloria Allred, the attorney for Haley who has also represented women in claims against Sean “Diddy” Combs, Bill Cosby, Jeffrey Epstein and R. Kelly, was in the courtroom Tuesday and Wednesday watching her client on the stand. Manhattan District Attorney Alvin Bragg witnessed the testimony Tuesday. 

Weinstein watched Haley on the stand as she testified and took notes as she spoke about the conversation with her former roommate. 

Before her testimony resumed Wednesday, Weinstein’s defense team had already pushed for a mistrial, alleging that prosecutors had committed a discovery violation by redacting information from Haley’s organizer and then delivering an unredacted version Tuesday night, which showed the length of time she had lived in New York as well meetings with executives including Lorne Michaels. Farber also denied the application, saying the defense team could recall witnesses if need be. 

Last week, the defense team also moved for a mistrial after a friend of Haley testified that Haley had “zero interest” in sleeping with Weinstein, which the defense team said was prejudicial. 

The two parties had a fiery exchange Wednesday, as ADA Nicole Blumberg called out the defense team for having more than one lawyer make objections and put forward the motions for the mistrial.  

“There’s not going to be one lawyer. This man’s life is on the line!,” Aidala shouted. 

“Please don’t grandstand,” Farber responded.