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The Harvey Weinstein Trial and the Quality of Evidence Problem

2/23/2020

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While the jury takes a break this weekend from deliberations, no verdict yet, I thought I would take advantage of the quiet period to collect my thoughts in a stream of consciousness video posted at the bottom of this journal. While there are more points I wish I could have added or elaborated on, my goal was to focus on the root problem of quality of evidence in the Harvey Weinstein case. I've also posted links to some of the trial transcripts so you can see for yourself how lacking in quality the prosecution's case is. I was relying on CourtTV's repository of daily transcript uploads until they recently removed the links from their page.  The transcripts I did download stayed in my browser history so I was able to recollect those, however the transcripts I never did download are missing from the list below.
Transcript PDFs available for download (partial list):
  • Jan 22, 2020 - The trial judge instructs the jury on the basic functions, duties and conduct expected of them, understanding evidence, note taking rules, and guidance on the standard of proof.
    Then ADA Meghan Hast (prosecution) presents the opening statement focusing on Annabella Sciorra's narrative (incomplete transcript).
  • Jan 24, 2020 - Prosecution calls forensic psychiatrist (not Board certified), Dr. Barbara Ziv to testify about so-called 'myths' surrounding how victims of sexual assault are expected to behave.
  • Jan 31, 2020 - Prosecution calls (indictment complainant #2 of two), Jessica Mann to take the stand. (Of note: there is some insight into previous prosecution witness testimony in the housekeeping preceding Mann's testimony.)
  • Feb 3, 2020 - Jessica Mann's direct testimony continues. (incomplete testimony) 
  • Feb 7, 2020 - Defense calls experimental psychologist and distinguished professor, Dr. Elizabeth Loftus, to testify about how the human memory operates and the nature of the process of remembering as a reconstructive process. Factors that can cause memory distortion, such as the 'misinformation effect', and motivational & suggested influence.
  • Feb 10, 2020 - Defense calls building manager, Nelson Lopez, of the 60 Gramercy building - home of Annabella Sciorra in the 1990s.
    Defense then calls Talita Maia (aka Talita Coco), who was Jessica Mann's friend and roommate at the time of said allegations, speaks of her observations of Jessica Mann and her relationship with Harvey relevant to alleged assaults.
    Defense then calls Claudia Salinas, who rebuts a 'prior bad act witness' (also subject of LA County criminal charges against HW), Lauren Young's story about being locked in a bathroom w/HW by her so he could assault her. 
  • Feb 13, 2020 - Defense closing arguments and summation of the evidence.

To help fill in the blanks from the missing transcripts, you may want to check out this podcast, The Harvey Weinstein Trial: Unfiltered. It is a great resource for transcript read-backs of the most dramatic moments of testimony from each day of the trial, sandwiched between commentary from Ann McElhenny & Phelim McAleer, a married couple who are also investigative journalists.
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    "Clary Jaxon" takes a critical look at how current social theories and the efforts to instill them compare to the reality of actual social conditions. With a focus on Canadian issues. Check out the STW YouTube channel.

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