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On January 5, 2020, English comedian and actor Ricky Gervais drew gasps when he made a last-minute joke at the Golden Globes about Hollywood mogul Harvey Weinstein.
The co-creator of the hit sitcom The Office remarked as Sandra Bullock prepared to announce the winner for best dramatic film:
“Our next presenter starred in Netflix’s Bird Box — a movie where people survive by acting like they don’t see a thing — sort of like working for Harvey Weinstein.”
That joke drew a shocked reaction from the crowd. However, Gervais remains unfazed and quipped, pointing to his audience, “You did it. I didn’t — you did it.”
Some questioned the timing of the joke as Weinstein’s trial was set to begin on January 6, 2020, the day after the award ceremony.
Still, several viewers praised Gervais for calling out celebrities and industry insiders who may have shrugged off Weinstein’s alleged misconduct.
The exposure of such behavior played an important role in sparking the #MeToo movement, a social awareness campaign against sexual harassment, sexual abuse, and “rape culture.”
Three years later, you might wonder about what happened to Harvey Weinstein. Is the once-powerful Hollywood mogul in jail? How long will he stay incarcerated?
What are the criminal charges brought against Weinstein, leading to his imprisonment?
LookUpInmate.org is your go-to online resource for everything related to corrections facilities and inmates in the United States.
This article narrates the legal proceedings and events surrounding Harvey Weinstein’s imprisonment, including his arrest, trial, and conviction timeline.
Read on to learn more about Harvey Weinstein’s legal situation.
Harvey Weinstein Was Found Guilty of Rape and Sexual Assault in Los Angeles, Sentenced to 16 Years in LA Rape Conviction
On December 19, 2022, the jurors in Los Angeles (L.A.) Superior Court found former producer Harvey Weinstein guilty on three counts: forcible oral copulation, sexual penetration via foreign object, and forcible rape.
The New York Times said Weinstein could have gotten a 24-year prison sentence under California law.
In February 2023, he was condemned to 16 years imprisonment for sex crimes in Los Angeles (L.A.) County.
All three counts involved “Jane Doe 1,” who said Weinstein raped her at a hotel in February 2013 during the Los Angeles Italia Film Festival.
The jurors hung on other allegations, including one related to Jennifer Siebel Newsom, the wife of California Governor Gavin Newsom.
The jury was also split on one count involving allegations made by Lauren Young, a model and screenwriter.
Meanwhile, Weinstein was acquitted of a sexual battery allegation made by a massage therapist.
During the trial, Weinstein appealed to L.A. Superior Court Judge Lisa B. Lench, asserting his innocence and that he “never raped or sexually assaulted Jane Doe 1.”
The woman who accused Weinstein of rape sobbed in the courtroom as the defendant spoke.
Moments earlier, Jane Doe 1 told the judge about the pain she felt following Weinstein’s attack. She recalled being a “very happy and confident woman the night before the incident.”
Jane Doe 1 said she valued herself and her relationship with God.
However, everything changed after Weinstein brutally assaulted her. She asserted that no prison sentence is long enough to undo that damage.
Lench issued the sentence after rejecting a motion by Weinstein’s defense attorneys for a new trial.
The L.A. superior court judge sentenced Weinstein to two years for forcible penetration with a foreign object, six years for forcible copulation, and eight years for a forcible rape count, totaling a 16-year prison term.
Weinstein’s lawyer, Mark Werksman, stated that Mr. Weinstein did much good for many people in his 50-year career.
The lawyer added that Weinstein was a man many well-known movie stars would thank in their Oscar speeches.
Werksman also cited Weinstein’s age and health issues, suggesting a long sentence would likely prevent him from seeing his five children outside of prison.
Jane Doe 1 cried in court throughout Weinstein and Werksman’s remarks to the judge.
Weinstein insisted that he had never met Jane Doe 1 and that she was an actress who made up the story.
At the time, Weinstein pleaded not to be sentenced to life in prison, adding that there were “many things wrong” with the case.
He looked down at the table and seemed to cover his face as the initial guilty counts were read.
Then, Weinstein looked forward as the rest of the verdict was read. Prosecutors and defense lawyers did not immediately comment on the ruling.
In an official statement, Jennifer Newsom said that Weinstein will never be able to rape another woman.
Instead, the movie mogul will live out his days in prison “where he belongs.”
She added that throughout the trial, Weinstein’s lawyers used misogyny, sexism, and bullying tactics to demean, intimidate, and ridicule the survivors.
Jennifer Newsom concluded that the case was a stark reminder that society still has much to do.
Weinstein received this 16-year prison sentence in L.A. on top of the 23-year prison term that he was already serving due to the charges made against him during the early stages of the #MeToo movement.
The then 70-year-old former movie mogul was nearly three years into his 23-year sentence for a sexual assault and rape conviction in New York.
“Will Harvey Weinstein Be Released?”: Harvey Weinstein Will Most Likely Spend the Rest of His Life in Prison After Los Angeles Sentence
As you learned, L.A. Supreme Court Judge Lench ordered Harvey Weinstein to 16 years in prison.
He was convicted in that court on December 2022 of three counts of sexual assault and rape.
On top of that conviction, Weinstein was already serving a 23-year prison sentence for committing sex crimes in New York.
Therefore, the disgraced former movie mogul might never be released and will likely spend the remainder of his life in prison.
The former producer — once one of the most influential men in Hollywood — was tried in California on seven charges of rape and sexual assault involving four victims between 2004 and 2013.
The testimony of the Los Angeles trial’s Jane Doe #1 provided the basis for Weinstein’s conviction.
NPR (National Public Radio) said the woman was a European model whom the movie mogul raped during a film festival in L.A. in February 2013.
Meanwhile, the jury did not find Weinstein guilty of one charge and could not reach a verdict on three other charges.
Weinstein was initially charged with eleven counts of rape and sexual assault.
The prosecutors had dropped four of those charges related to a woman referred to as “Jane Doe #5” because the state could not proceed with her allegations.
Dozens of women came forward with allegations regarding Weinstein — some of which were published by The New Yorker and The New York Times in October 2017.
These allegations were a driving force behind the #MeToo movement.
During Weinstein’s New York sentencing in March 2020, the former film producer compared the #MeToo movement and his situation to the Red Scare of the 1940s and 1950s.
During those times, Hollywood professionals were blacklisted for their perceived support of communism.
Despite these remarks, Manhattan Judge James Burke sentenced Weinstein to 23 years in prison.
Weinstein got a 20-year sentence for a criminal sexual act, the more grave of the two counts he was convicted of in April 2020.
In addition, the former Hollywood producer received a three-year prison sentence for the other count, rape in the third degree.
Cyrus Vance Jr., Manhattan’s District Attorney (DA), released a statement following the verdict, thanking the survivors for their courage during the two-year trial.
The DA added that Weinstein deployed an army of spies to keep the witnesses silent. Still, they testified and were heard.
Vance said that the witnesses’ testimonies took down a predator and put him behind bars, giving hope to survivors of sexual violence worldwide.
This 2020 sentencing marks Weinstein’s dramatic fall from the heights of Hollywood, where, for many years, he used his influence and power to allegedly sexually assault dozens of young women.
The allegations gathered momentum after the publication of two exposés in October 2017.
What Happened at Harvey Weinstein’s Second Sex Crimes Trial?
During the month-long trial, prosecutors summoned 44 witnesses to the stand, including four women whom Weinstein allegedly raped or sexually assaulted.
Jennifer Newsom testified through tears from the witness stand in November 2022, telling the court Weinstein raped her in a hotel room.
She described her nervousness after being directed to Weinstein’s hotel room. During the trial, Deputy District Attorney Marlene Martinez asked why Newsom did not leave.
Newsom responded that people don’t say no to Harvey Weinstein because he could make or ruin one’s career.
Meanwhile, Lauren Young, the only accuser who testified in Los Angeles and New York, said Weinstein sexually abused her in a Beverly Hills hotel bathroom in 2013.
Ms. Young said fear paralyzed her as Weinstein blocked her from exiting the bathroom, masturbated in her presence, and groped her breasts.
Young testified in New York in February 2020. However, she was not one of the victims whose stories led to Weinstein’s rape and sexual conviction and a 23-year prison time.
Kelly Sipherd, another victim, testified Weinstein sexually assaulted her in a hotel room at the 1991 Toronto International Film Festival.
At that time, Sipherd was 24 and an aspiring actress.
Seventeen years later, the disgraced former Hollywood executive sexually assaulted Sipherd again when she confronted him in the same hotel during the same festival.
During the closing statement, Weinstein’s attorney, Alan Jackson, argued that two plaintiffs lied about their experiences.
He then said that the others engaged in “transactional sex” to boost their career. Thus, the encounter was “100% consensual.”
Jackson continued that the women only became regretful after the #MeToo movement took off. He repeatedly told jurors that “regret is not rape.”
The prosecutors urged the jurors to bring Weinstein down by convicting him in California.
Martinez said that the former film producer’s reign of terror should end right away.
Weinstein Was Already Convicted of Sex Crimes
As mentioned, Weinstein’s conviction in L.A. is the second one after his first conviction in New York.
In the 2020 New York trial, Weinstein was convicted of third-degree rape and sexual assault charges.
Following his conviction, Weinstein was sent to Rikers Island in New York. But in 2021, he was extradited to a California county jail to face a West Coast charge.
Weinstein’s New York conviction stood up to an initial appeal. However, the case is scheduled for hearing by the state’s highest court later in 2023.
If found guilty in California court, Weinstein will remain incarcerated regardless of whether his East Coast conviction gets overturned.
Appealing New York Conviction
In August 2022, the New York court allowed Weinstein to appeal some charges.
Chief Judge Janet DiFiore granted permission to present oral arguments before the State Court of Appeals.
Weinstein’s attorney, Arthur Aidala, said his client was thankful for the judge’s ruling.
Aidala added that they hope the court will find that Weinstein did not get a fair trial and overturn his conviction.
In 2022, Weinstein continued to insist on his innocence regarding the charges brought against him.
The Manhattan D.A.’s office declined to comment regarding the appeal.
The full court could affirm the lower court’s ruling and uphold the conviction or reverse the verdict and nullify his conviction.
The court could also order a new trial or adjust the conviction by upholding and dismissing some charges.
At the time, Los Angeles D.A. George Gascón said the ruling would not affect Weinstein’s California trial.
Mr. Gascón said it was unfortunate that Weinstein’s victims would not have the finality that they deserve.
Caitlin Dulany, an actress who has accused the former producer of sexual assault, said in a phone interview that hearing about Weinstein’s appeal was “really hard for survivors.”
In 2020, the New York jury of five women and seven men found Weinstein guilty of forcible oral sex against Miriam Haley, a former Project Runway production assistant.
The count could have gotten Weinstein a maximum of 25 years and a minimum of five years in prison.
Additionally, Weinstein was convicted of rape in the third degree for raping someone in a New York hotel in 2013.
This count could have gotten Weinstein four years in prison and forced him to register as a sex offender.
Meanwhile, the former Hollywood mogul was acquitted of three other allegations.
These charges include two counts of predatory sexual assault, which could have gotten Weinstein a possible life sentence, and an alternative count of rape in the first degree.
Following the verdict, Weinstein was handcuffed and detained ahead of the March 11 sentencing.
He was transported from the courthouse in an ambulance to a secure area at Bellevue Hospital.
The judge said he would order that Weinstein reside in the infirmary at the Rikers Island jail.
Weinsteins’s defense had argued their client needed medical attention after a failed back surgery.
At the time, Weinstein’s lawyer, Donna Rotunno, said Weinstein would appeal the verdict.
Meanwhile, the New York D.A. praised the victims for their courage to speak out despite Weinstein’s attorneys, publicists, resources, and alleged spies.
The New York trial marked the former movie mogul’s descent from the peak of Hollywood, where he produced films, including Oscars-winning Shakespeare in Love and Pulp Fiction.
Michelle Simpson Tuegel, an attorney representing Weinstein’s victims, said she expected to see many women file legal charges against their abusers.
Weinstein Lawyers Argue for Overlooked Evidence
Weinstein’s defense team argued that Judge Lench should not have excluded from evidence messages indicating that Jane Doe 1 had a sexual relationship with the director of the film fest she attended.
At the trial’s opening in October 2022, Jane Doe 1 recounted how Weinstein sexually assaulted her at a 2013 film festival.
Weinstein’s lawyer Alan Jackson asserted that rape shield laws, which usually exclude a victim’s sexual history, did not apply to her case.
The defense planned to use the messages to show that Jane Doe 1 had committed perjury, thus undermining her credibility.
Jane Doe 1 insisted that she and Pascal Vicedomini, the festival director, were just friends and colleagues.
Jackson continued that the intimate relationship of Vicedomini and Jane Doe 1 would have convinced the jury that her story was a lie.
Weinstein’s attorney added that the messages would also strengthen the defense team’s argument that the woman was not even in the hotel room where she said Weinstein assaulted her.
The defense gave the judge affidavits from jurors that the evidence might have changed their decisions.
Still, Lench called the juror statements “speculation” about how evidence deemed irrelevant to the case would have played out.
Weinstein’s appeal is likely to focus on this issue.
Weinstein Spokesperson Slams Cruel Sentence, Weinstein Says He Doesn’t Deserve Life in Prison Sentence
One of Weinstein’s spokespersons characterized the L.A. verdict as a cruel sentence, given Weinstein’s age, health, and the circumstances surrounding his conviction.
The spokesperson also expressed their dismay that the sole charge came from someone who allegedly lied regarding crucial aspects of her claim.
Weinstein begged the L.A. court for “mercy” as the judge sentenced him to 16 years in prison for rape and sexual assault charges.
The former movie mogul said he “did not deserve” to spend his remaining years in prison and insisted that the rape and sexual misconduct allegations against him were “a set-up.”
During the hearing, Jane Doe 1 emotionally retells her experience. In her speech, she said Weinstein’s “selfish and disgusting” acts had broken her into a million pieces.
Before the sentencing, the former producer maintained his innocence, insisting that he did not rape or sexually assault Jane Doe 1. He added that they did not know each other.
Weinstein added that Jane Doe 1 is an actress who can turn on the tears.
The once influential Hollywood figure was wheeled into court wearing a grey L.A. County jail uniform. He remained seated while addressing the court.
During the hearing, Weinstein kept his eyes mostly forward. He only stared at media members when they entered the courtroom.
Meanwhile, the prosecution pushed for a “high-term” sentence of 24 years, citing Weinstein’s previous conviction as the basis for this demand.
Louisette Geiss, one of the alleged victims, expressed her disappointment when Judge Lench did not hand down the maximum 18-year sentence.
Why Is Harvey Weinstein Credited in Lord of the Rings?
Weinstein contributed to the film series, but not in the way you would expect.
Director Peter Jackson, best known for his work on the LOTR (Lord of the Rings) trilogy, said he disagreed with Harvey Weinstein regarding the epic fantasy adventure film production.
Jackson’s LOTR was initially a project under Weinstein’s Miramax brand.
However, the disgraced Hollywood mogul told the director he could not make three films based on famed English writer J.R.R. (John Ronald Reuel) Tolkien’s trilogy.
This disagreement prompted Jackson to work with another production studio, New Line Cinema, a decision that helped turn the franchise into one of the most successful epic adventure fantasy films in American movie history.
Elijah Wood, the actor who played Frodo in LOTR, said that Weinstein was an inspiration for one of the film series’ villains — an orc.
Wood said that the costume designers created one of the orc masks to look like Weinstein as some “f*** you” to the former Hollywood power player.
In LOTR, orcs comprise the evil armies battling against the forces of good. Some of these creatures appear deformed as part of the fantasy lore.
Some fans speculate that the Weinstein-look alike was Gothmog, an orc who led the army of Dark Lord Sauron in the Return of the King (the LOTR trilogy’s last film).
Jackson has previously described Weinstein as a “real bully,” referring to the disgraced film producer’s behavior toward the director during the production of the LOTR.
The Lord of the Rings saga, arguably one of the greatest movie franchises ever, made $2.92 billion at the global box office.
This achievement put LOTR in the top 10 highest-grossing series of all time, along with Star Wars, Marvel Cinematic Universe, and Harry Potter.
References
- Ricky Gervais: Golden Globes host draws gasps with Harvey Weinstein joke at 2020 ceremony
https://www.independent.co.uk/arts-entertainment/films/news/golden-globes-ricky-gervais-harvey-weinstein-joke-metoo-2020-epstein-prince-andrew-a9271631.html - Amid sombre Golden Globes speeches, host Ricky Gervais draws gasps with Harvey Weinstein remark
https://www.screendaily.com/news/amid-sombre-golden-globes-speeches-host-ricky-gervais-draws-gasps-with-harvey-weinstein-remark/5145929.article - Harvey Weinstein Sentenced to 16 Years for Los Angeles Sex Crimes
https://www.nytimes.com/2023/02/23/us/harvey-weinstein-sentence-los-angeles.htm - Harvey Weinstein sentenced to 16 more years, says he doesn’t deserve ‘life in prison’
https://www.usatoday.com/story/entertainment/celebrities/2023/02/23/harvey-weinstein-sentencing-la-rape-case-prison-time/11323970002/ - Harvey Weinstein will likely spend the rest of his life in prison after LA sentence
https://www.npr.org/2023/02/23/1158207425/harvey-weinstein-los-angeles - More than two years after his rape conviction, Harvey Weinstein is granted an appeal
https://www.nbcnews.com/news/us-news/two-years-rape-conviction-harvey-weinstein-granted-appeal-rcna44709 - Harvey Weinstein convicted of rape at New York trial
https://www.theguardian.com/film/2020/feb/24/harvey-weinstein-guilty-trial-charges-verdict - Ex-producer Harvey Weinstein sentenced to 16 years on L.A. rape conviction
https://www.cnbc.com/2023/02/23/ex-producer-harvey-weinstein-sentenced-to-16-years-on-la-rape-conviction-.html - Harvey Weinstein was used as inspiration for an orc in Lord Of The Rings, Elijah Wood says
https://news.sky.com/story/harvey-weinstein-was-used-as-inspiration-for-an-orc-in-lord-of-the-rings-elijah-wood-says-12427118 - Harvey Weinstein begs judge for ‘mercy’ as he receives 16-year sentence
https://www.independent.co.uk/news/uk/crime/harvey-weinstein-los-angeles-hollywood-los-angeles-county-god-b2288525.html