July 30- Today’s court date for Harvey Weinstein has been postponed ’til September 20th.
What will happen then?
Superior Court Justice, Jame Burke will deliver his decisions on motions that have been filed “off-calendar” by the prosecution and the defense. Those motions could include a decision to admit evidence of “prior bad acts” into testimony.
The judge in New York is held to narrower constraints than in Pennsylvania, where bringing in testimony from prior victims turned the tide toward conviction against Bill Cosby. We’ll need to wait two months for his decision.
The impact of “consent.”
If we had a NY law defining “consent as “freely given, knowledgeable and informed agreement, #FGKIA,” convicting Harvey Weinstein would be a slam dunk! Unfortunately, in NY, just like all other states, prosecutors are held to convincing the jury that the offender’s conduct meets specific language of a particular act that legislators have deemed “without consent” in penal code. This absurdly narrow way to determine when a sexual assault takes place must be ditched so that coercing a person into acquiescence is never seen as “consent.”
Another similar case currently being tried in Manhattan may provide a clue to Harvey Weinstein’s fate
Neurologist Ricardo Cruciani is scheduled for a decision on motions on August 2nd. He, like Weinstein, is charged with Predatory Sexual Assault, which carries harsh penalties under NY State law.
Cruciani stands accused by six patients of molesting and sexually assaulting them at his office at Beth Israel Hospital in NYC. One patient described how she felt helpless to resist his attacks because she suffered from chronic pain and he was the only doctor who helped manage her pain for several years. Eleven additional patients at his practices in PA and NJ have made similar claims against him. Supreme Court Justice Mark Dwyer will announce his decisions on the motions Thursday, August 2nd.