Harvey Weinstein accuser's lawyer says she'd consider testifying at second trial

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Despite the appeals court
Despite the appeals court's decision, Harvey Weinstein is still serving a 16-year prison stint

HARVEY Weinstein's accuser Mimi Haley will consider taking the stand again should the disgraced film producer be granted a new trial in New York, her former attorney told The U.S. Sun.

Famed attorney Gloria Allred, who represented Haley during Weinstein's 2020 trial in Manhattan, ripped the New York Court of Appeal's decision as a "significant step backward for the Me Too movement."

Attorney Gloria Allred (right) told The U.S. Sun that Miriam Haley (left) will consider testifying again against Harvey Weinstein if the disgraced film producer is granted a new trial qhiqquiqdkidezprw
Attorney Gloria Allred (right) told The U.S. Sun that Miriam Haley (left) will consider testifying again against Harvey Weinstein if the disgraced film producer is granted a new trialCredit: Getty
The New York Court of Appeals overturned Harvey Weinstein's 2020 rape conviction
The New York Court of Appeals overturned Harvey Weinstein's 2020 rape convictionCredit: AP
Mimi Haleyi underwent hours of grueling testimony during Weinstein's 2020 sex assault trial
Mimi Haleyi underwent hours of grueling testimony during Weinstein's 2020 sex assault trialCredit: Reuters
Famed attorney Gloria Allred blasted the New York Court of Appeals decision to overturn Weinstein's conviction
Famed attorney Gloria Allred blasted the New York Court of Appeals decision to overturn Weinstein's convictionCredit: Getty

"Even though the process of testifying was grueling and retraumatizing for Mimi, she reaffirmed to me today that she would consider testifying again if District Attorney Alvin Bragg decided to proceed with a new trial of Harvey Weinstein," Allred told The U.S. Sun in a statement.

"I commend Mimi on her courage and willingness to keep standing up for the truth."

The renowned attorney blasted Thursday's ruling, saying, "The decision of the New York Court of Appeals today is a significant step backwards for the 'Me Too' movement in criminal cases in New York.

What Ola and James Jordan really ate and did to shed 7stWhat Ola and James Jordan really ate and did to shed 7st

"The decision means that it will be more difficult to convict those who victimize women and prey on them.

"As a result, fewer prosecutions will be brought against sexual predators and many will escape the justice that they deserve.

"Although victims have lost this battle they have not lost the war.

"We will continue to fight for justice for victims both in criminal and civil cases until there is a fair trial not just for the accused but also for those who allege that they are victims of sexual predators."

Miriam "Mimi" Haley, a former Swedish production assistant on the television show Project Runway, underwent hours of grueling testimony during the high-profile 2020 trial.

HARROWING TESTIMONY

Haley sobbed on the stand as she described to jurors how Weinstein sexually assaulted her in his New York City apartment in 2006.

"I tried to reject him, but he insisted," said Haley, who was one of two plaintiffs whose allegations led to criminal charges against the disgraced Hollywood mogul.

"Every time I tried to get off the bed, he pushed me back and held me down."

Haley, 44, insisted that she told Weinstein "no" several times and even considered screaming out rape.

"I thought if I scream rape, will someone hear me? If I kick harder, will I be able to get away from him," the Swedish producer emotionally said on the stand at the time.

I'm a 'time traveler' - the 'worst case scenario that could kill us all'I'm a 'time traveler' - the 'worst case scenario that could kill us all'

Haley, who previously spelled her surname Haleyi but changed it to distance herself from the traumatizing incidents, also described a second sexual assault that allegedly occurred in a Manhattan hotel room.

During that attack, Haley remembered going "numb."

"I thought, 'Here we go again,'" she said at the time.

Haley said Weinstein would call her a "w***e and a b***h" during the alleged assault.

She told the court she did not file a police report for the alleged attacks because she feared Weinstein's power in the entertainment industry.

Haley, who was working on the Project Runway series on a tourist visa at the time, recalled thinking, "He had a lot more power and resources, and I didn't think I had a chance.

"I decided to just almost pretend it didn't happen and put it aside."

Mimi Haley described to jurors how Harvey Weinstein allegedly held her down as he sexually assaulted her in his New York City apartment in 2006
Mimi Haley described to jurors how Harvey Weinstein allegedly held her down as he sexually assaulted her in his New York City apartment in 2006Credit: AFP
Mimi Haley walks into the Manhattan courtroom for Harvey Weinstein's sentencing on March 11, 2020
Mimi Haley walks into the Manhattan courtroom for Harvey Weinstein's sentencing on March 11, 2020Credit: Getty
The disgraced movie mogul is still serving a 16-year prison sentence after being convicted of rape in Los Angeles
The disgraced movie mogul is still serving a 16-year prison sentence after being convicted of rape in Los AngelesCredit: Getty Images - Getty

A jury eventually convicted Weinstein of felony sex crimes against Haley and actress Jessica Mann and was sentenced to 23 years in prison.

However, four years after his February 2020 conviction, the New York Court of Appeals overturned the ruling, citing Weinstein was not given a fair trial.

In a stunning 4-3 decision, the appeals court found that trial Judge James M. Burke made critical mistakes during the proceeding.

Burke's mistake, according to the appeals court, was allowing the testimony of witnesses who accused Weinstein of sexual assault, but the accusations were not part of the trial.

Despite the ruling, Weinstein will not be freed as he's still serving a 16-year sentence after being convicted of raping a woman in a Beverly Hill hotel in Los Angeles.

Weinstein's attorney, Arthur Aidala, praised the appeals court's decision, telling The New York Times, "We will do everything in our power to retry this case and remain steadfast in our commitment to survivors of sexual assault."

It's unclear whether Manhattan DA Bragg's office will seek a retrial of Weinstein.

The disgraced movie mogul's defense team said they also plan to appeal his California conviction on May 20.

Weinstein's attorney, Jennifer Bonjean, told Agence France-Presse that jurors were "overwhelmed with this bad character evidence that was not legitimate, that tainted the whole trial in California from our perspective."

DISTURBING ALLEGATIONS

More than 100 women have accused Weinstein of sexual misconduct since a New York Times and New Yorker report put him at the center of controversy and vitriol.

The New York Times broke the first story in October 2017, which detailed decades of sick abuse allegedly suffered by budding actresses like Rose McGowan and Ashley Judd.

Women accused Weinstein of taking advantage of young hopefuls with promises of success before sexually abusing them in a twisted scheme.

Days after The New York Times story was published, Weinstein was fired from his own production company, and more women came forward with harrowing tales of the alleged abuse.

His case opened up a sea of firings in the entertainment industry after allegations against media executives and personalities spilled out.

The mass dismissals and cancellations sometimes sparked criticism as onlookers wondered whether the accusations were being properly investigated.

Weinstein's accusers voiced their shock and frustration at Thursday's decision.

One of the devastated women was actress Katherine Kendall, who accused Weinstein of sexual misconduct in 2017.

Kendall claimed at the time Weinstein invited her to his apartment after they attended a screening together in 1993.

Weinstein allegedly asked her to come inside so he could grab something, only to go into his bathroom and walk out completely naked, according to the actress.

Kendall said escaping the alleged horror situation was like a sick game of "cat and mouse."

On Thursday, the actress said the decision was a "terrible reminder that victims of sexual assault just don't get justice.

"I'm completely let down by the justice system right now. I'm sort of flabbergasted," she told reporters.

Ashley Judd, the first actress to come forward with allegations against Weinstein, also shared her reaction to the news.

"That is unfair to survivors," she told the The New York Times.

"We still live in our truth. And we know what happened."

Weinstein had pleaded not guilty and maintained his innocence throughout his trials.

He also denies ever having nonconsensual sex.

Israel Salas-Rodriguez

New York City, Exclusives, Courts, Harvey Weinstein

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