Testimony Weinstein Trial

Page 1118 SUPREME COURT NEW YORK COUNTY TRIAL TERM PART 99 ------------------------------------x THE PEOPLE OF THE STATE OF NEW YORK : INDICTMENT # : 2335-18 : 2673-19 : AGAINST : CHARGE : Pred Sex Asslt HARVEY WEINSTEIN : : : Defendant : -------------------------------------x Trial 100 Centre Street New York, New York 10013 January 23, 2020 B E F O R E: HONORABLE: JAMES BURKE, JUSTICE OF THE SUPREME COURT APPEARANCES: (Same as previously noted) ---------------------------------------------------------------------THE COURT: I understand each side has a couple of issues they want to address before the jury comes in. People. MS. ILLUZZI: It has come to my attention that the defendant's experts have been in court listening to opening statements, and I guess potentially witness testimony. As you know, Judge, the only way an expert is Page 1119 1 permitted to testify in a case like this on topics such as 2 rape trauma is if they are testifying under their general 3 knowledge. 4 They are not permitted to opine about any case in 5 particular. 6 witness in particular, or anything that witness says. 7 8 They are not permitted to opine about any Moreover, they are not permitted in any way to opine about the credibility of any of the witnesses. 9 So, we do have law with regards to that. Like I 10 said, it just came to my attention last evening when we 11 left here that the defense witnesses were in the 12 courtroom. 13 So number one, we are asking them to be 14 precluded. 15 be excluded today. 16 my expert testifies, that is the only time they are 17 permitted in the courtroom aside from when they themselves 18 testify. 19 And number two, we are certainly asking them to Not to say they could got be here when This is sexual assault case 101 and it is pretty 20 shocking defense just has their witnesses in this 21 courtroom. 22 THE COURT: I will ask you to respond in a 23 moment. But if that is the case, it would seem to be a 24 fairly clear violation of the rule on witnesses which is a 25 matter we discussed previously at defense motion and Page 1120 1 request, and as to there being experts. 2 Given my caution yesterday, there had thus far 3 been no certificate of compliance under the new discovery 4 law, I just assumed you guys didn't care because you did 5 not have anything to turn over. 6 expert would be precluded which was the direction I was 7 more than hinting at. 8 9 So therefore, any such But if there is nothing to preclude, who cares. What do you care if I preclude it if you do have experts to 10 call. 11 course if the experts do end up being called, they are 12 certainly subject to cross examination, and there being 13 multiple experts seem to violate a previous order and 14 instruction of mine subject to further proffer. 15 16 They now face preclusion just for that, and of Anything on that, and I think you have your own issue. 17 MR. AIDALA: Your Honor, we are prepared to file a 18 certificate of compliance today, signed and ready to be 19 handed over to the Court, number one. 20 THE COURT: 21 attendant defense discovery? 22 MR. AIDALA: 23 That is nice, does it have all the I believe it has approximately 125 pages. 24 THE COURT: 25 MR. AIDALA: Okay. In addition, your Honor, time wise, Page 1121 1 we still don't know exactly who we are going to call. 2 Until we heard -- 3 THE COURT: Wait, wait, I'm sure you know the law 4 in this regard, and the trial started, so the time for a 5 certificate of compliance has gone by. 6 7 MR. AIDALA: analysis on the brand new law, actually February fifth -- 8 9 I believe according to our legal THE COURT: That is inaccurate, that is if the trial has not started, the trial started. 10 MR. AIDALA: I have it in my hands. Regarding the 11 expert witness, she's not going to opine on any particular 12 fact witness. 13 going to speak about general concepts and general medical 14 and scientific findings in the field. 15 16 She's going to speak the way Dr. Ziv is Experts read the transcript all the time of what has gone on in the trial all the time. 17 The difference between reading a transcript or 18 being present in the court, the appellate courts find them 19 as the exact same things. 20 So, there is no violation. She will not come here 21 A, and say this witness testified, I thought they were 22 credible or not credible. 23 topics. 24 25 She will speak about general So, there is no violation of any witnesses being here, and I have done sex assault crimes 101 and witnesses Page 1122 1 are in the courtroom listening to opening statements and 2 watching witnesses all the time. 3 4 THE COURT: My ruling is witnesses are not to be present in the courtroom, okay. 5 MR. AIDALA: With the exception of Ms. Allred? 6 THE COURT: I have heard no proffer to make me 7 believe she will be a witness, okay. 8 stating these people are going to be witnesses and yet you 9 have allowed them to remain in the courtroom, so -- 10 MR. AIDALA: So you are now There is one witness. If the Court 11 is ordering to ask her be excluded, that is what I will do, 12 with the Court's permission. 13 THE COURT: 14 I'm a little surprised we had to get there, and I 15 Okay, you can do that in a moment. think you had your own issue, Ms. Rotunno. 16 MS. ROTUNNO: I wanted to make an application to 17 bar the witnesses in this matter from testifying to 18 childhood traumas or any post event traumas. 19 has been disclosed to us. 20 None of that The People addressed it in their opening 21 statement. 22 that path. 23 It was the first time we heard them going down We do not believe on this case that it is 24 relevant. 25 to it. It was not disclosed. Doctor Ziv cannot testify And frankly, we believe it opens the door to Page 1123 1 allowing us to get into other matters that may fail under 2 rape shield and issues I think could open up another door. 3 THE COURT: 4 MS. ILLUZZI: 5 People. Yes, Judge. Well, Ms. Rotunno just put a whole bunch of issues in one comment. 6 Number one, a victim's background is relevant to 7 whatever extent the Court deems it relevant; and the victim 8 testifying about something that had occurred in her 9 childhood does not violate the rape shield law if she's 10 cross examined about what it is she states on direct. 11 It is the People's contention, certainly both in 12 grand jury testimony notes, other medical records, the 13 defense was certainly aware of the basic background of 14 these witnesses. 15 aware. 16 17 18 And for sure the defendant was also So, the People see no reason for that portion of their testimony to be precluded. All of their background are going to be relevant, 19 right, and I'm sure the defense is going to feel free to 20 cross examine them about background that is appropriate; 21 particularly what's going to be appropriate is what they 22 talk about. 23 is in any way unusual, something that is in any way 24 precluding of what they are going to say. 25 So it does not seem to be even something that I want to have a comment about something Mr. Page 1124 1 Aidala said since I didn't have an opportunity to respond. 2 THE COURT: 3 MS. ILLUZZI: 4 Okay. Mr. Aidala said there was a hundred something pages. 5 THE COURT: 6 MS. ILLUZZI: 125. 125 pages of documents I guess, and 7 reverse discovery, discoverable materials from defense. 8 But I didn't hear him say that that is all of the discovery 9 material that the defense is mandated to give us, and he 10 still has not given it to us. 11 By the way Judge, we didn't have it, we didn't 12 have it for their opening statement and we still don't have 13 it. 14 on something that somebody else says, we certainly should 15 have had that already based upon the new discovery law. So if they are going to be cross examining this victim 16 17 18 THE COURT: Okay, all right, so the jury is about to enter. I will say the victim may testify as to their own 19 background and experience. 20 testify as experts. 21 22 I do not expect they would Jury is entering. MS. ILLUZZI: These experts are not allowed to read transcripts, I don't know what Mr. Aidala was saying. 23 COURT OFFICER: Jury entering. 24 ( Jury enters courtroom). 25 THE COURT: All right, welcome back jurors. Page 1125 1 THE CLERK: 2 present. 3 properly seated? Trial continues, all parties are Parties stipulate the jury is present and 4 MS. ILLUZZI: Yes. 5 MR. AIDALA: Yes. 6 THE COURT: So jurors, I understand that one of 7 you has an issue that they believe they have an appointment 8 that they can absolutely not change. 9 10 I will ask you to continue to work on that to see if that is true. 11 If it is absolutely not changeable to sometime not 12 during the course of the trial, then we will of course 13 honor your request, and then we all rise and fall 14 together. 15 And if that is the case, then we will all take a 16 great part of that afternoon off. 17 the court officer what time the appointment is and what 18 time you would have to leave here and that it is 19 definitively not changeable and then we will move from 20 there. 21 So I'll ask you to tell If that can be done today, that is fine. If you 22 need until tomorrow morning to know that and inform the 23 Court, that is plenty of time. 24 25 I understand it would be for Tuesday afternoon, so we can, you can inform a court officer and he will inform Page 1126 1 me and then we will act accordingly. 2 So, what time the appointment is and what time you 3 would have to leave here to get to the appointment are the 4 big questions, if it in fact cannot be changed at all. 5 Other than that, People call your witness. 6 MS. ILLUZZI: 7 Thank you. The People call Ms. Annabella Sciorra. 8 COURT OFFICER: 9 ( Witness enters courtroom and is sworn in). 10 COURT OFFICER: 11 12 15 In a cloud clear voice, give your full name, spelling your last name. A 13 14 Witness entering. Annabella Sciorra, S. C. I. O. R. R. A. COURT OFFICER: A County of residence? Brooklyn, New York. THE COURT: All right, good morning. Listen 16 carefully to the questions from the Assistant DA and answer 17 her questions to the best of your ability. 18 Please answer them loudly, clearly, and slowly. 19 To the extent possible, try to speak directly into the 20 microphone, it is not a very good microphone. 21 up anything. 22 Barely picks And if you are comfortable addressing the jury 23 itself in response to either attorney's questions, you may 24 do that, otherwise just respond to whomever is asking you 25 questions at any given time. Page 1127 1 In addition to speaking loudly, clearly, and 2 slowly, try to give full and complete responses to all the 3 questions asked of you, but try not to volunteer any 4 information that goes beyond the specific questioned area. 5 On cross examination, I believe Ms. Rotunno will 6 be asking you questions in all likelihood. 7 her the same courtesy you're about to give to the ADA, 8 okay? 9 A Please give to Yes. 10 THE COURT: 11 MS. ILLUZZI: 12 DIRECT EXAMINATION 13 BY MS. ILLUZZI: Speak into the mic, please inquire. Thank you. 14 Q Good morning Ms. Sciorra. 15 A Good morning. 16 Q Ms. Sciorra, as I ask you questions, if there is 17 something you don't understand or you need me to repeat it, just 18 ask me. 19 A Okay. 20 Q Tell the jury your full name and where you were born? 21 A My name is Annabella Sciorra, born in Brooklyn, New 22 York. 23 Q Where did you go to high school? 24 A in Brooklyn at South Shore High School. 25 Q What year did you graduate? Page 1128 1 A I graduated when I was 17, so 1977. 2 Q What did you do after you graduated? 3 A I was already very involved in dancing, so I wanted to 4 pursue -- I was dancing and I was taking an acting class and I 5 wanted to start working professionally. 6 me to, so I went to the American Academy of Dramatic Arts. 7 8 Q My mother did not want Was anybody in your family in the entertainment business at all? 9 A No. 10 Q Can you tell us about the American Academy of Dramatic 11 Arts? 12 A It is a three year program that is set up to school you 13 not only with acting classes, but also with voice classes, 14 speech classes, movement classes, and you get -- production 15 design, costume design, and you also get to, for me, it was 16 important because I grew up in Brooklyn and I talk like this all 17 the time, so I wanted to learn how not to do that so that I can 18 be cast in a variety of roles and not just girls from Brooklyn. 19 Q 20 company? 21 A 22 At some point were you starting or help start a theater Yes, I started a theater company right after I graduated from the American Academy of Dramatic Arts. 23 Q What was the name of the company? 24 A The Brass Ring Theater Company. 25 Q Approximately how old were you then? Page 1129 1 A Maybe 20, 21. 2 Q What kind of productions were put on at that theater 3 company? 4 A A variety of productions. We didn't really have an 5 artistic person, we did pirandello, we also did comedy reviews 6 and we were all from the American Academy of Dramatic Arts. 7 all knew how to deal with costume design, building sets, 8 directing and acting. We 9 Q Was the theater company a big money maker? 10 A No. 11 Q How long did that theater last? 12 A A few years, it was in a church basement. 13 Q Tell us what you did next? 14 A I waited on tables, and continued to pursue acting and 15 to train. 16 I wanted to learn a lot of different techniques, so I 17 went to a lot of different teachers and programs and schools. 18 Then I worked in small productions off Broadway. 19 20 Q Did you go on a lot of auditions for theater as well as television? 21 A I only went on theater auditions because I did not have 22 an agent. 23 Q At some point did you get an agent? 24 A After I did my first two movies I finally got an agent. 25 Q What were those first two? Page 1130 1 A The first was a mini series on one of the major 2 networks called the Fortunate Pilgrim, it was based on Mario 3 Apuzzo's first novel about his mother being married by proxy, 4 and Sophia Loren bought the rights to it, and I pursued it 5 without an agent and got the part of her daughter. 6 7 Q Okay, and after that production, were you able then to sign with an agent? 8 A No. 9 Q What happened next? 10 A I was cast, I sent my picture in to somebody. I read 11 an ad in Back Stage which is I guess an on-line magazine now, it 12 use to be like a paper magazine, newspaper you got at the drama 13 book store, and I sent my head shot and resume in and I got an 14 audition to appear in a very small independent movie called True 15 Love. 16 Q Did you take that job, did you appear in that movie? 17 A Yeah, I got that movie, it took a couple of years for 18 them to raise the money to do the movie, but then we did it. 19 Q What year was that approximately? 20 A We shot the summer of 90, excuse me, 88. 21 Q By then, were you a fulltime actress or did you still 22 23 have a day job? A Still waiting on tables. It went to the Sundance Film 24 Festival and I was not able to go because I was waiting on 25 tables. Page 1131 1 2 Q Did there come a point in time you started getting auditions and parts in other movies? 3 A Yes. I did another movie called Internal Affairs 4 because the producer had seen True Love at the Sundance Film 5 Festival, and found me to come in and audition for a part in 6 that, and that was a supporting part in the movie. 7 Q At some point did you get an agent? 8 A I finally had an interview with an agent, a triad 9 agency and I signed with them. 10 11 Q Can you tell us then over the next approximately what year was it you finally got an agent? 12 A It would have been '89, 90. 13 Q Hence, over the next few years, were you able to get 14 parts in other movies? 15 A Yes. 16 Q Can you tell us about some of the other movies in the 17 next two or three years you were able to get roles in and 18 actually get leading roles in? 19 A Sure. I was -- got a phone call that Spike Lee wanted 20 to meet with me about his. He also had seen True Love at the 21 Sundance Film Festival, and he was doing a movie called Jungle 22 Fever. 23 Sparrows on 42nd Street and we did an audition. 24 about four or five auditions with the other actors then he cast 25 me. He wanted to meet with me, and I met with him at Then I had Page 1132 1 Q What was the name of that movie? 2 A Jungle Fever. 3 Q In the mean while, what was going on in your personal 4 life, were you ever married? 5 A I was, yes. 6 Q Approximately when were you married? 7 A 8 Q Did that -- 9 A New Years eve '89. 10 Q Did that marriage last? 11 A No. 12 Q Approximately how long did you live with the person you 13 '89. were married to before getting separated? 14 A Perhaps a year. 15 Q Did it take a few more years to actually get divorced? 16 A Yes it did. 17 Q Are you currently married? 18 A No. 19 Q Ms. Sciorra, at some point did you move alone to 20 Gramacy Park? 21 A Yes I did. 22 Q Do you recall the address there in Gramacy Park? 23 A 60 Gramacy Park North. 24 Q Is that a building right off of the park on Gramacy? 25 A Yes. Page 1133 1 Q In 1993 and 1994, prior to actually getting divorced, 2 were you living with the person who you were married to and 3 separated from? 4 A No, he was in a different apartment. 5 Q So you moved to Gramacy alone? 6 A Yes. 7 Q In the interim though, did you continue to get roles in 8 new movies? 9 A Yes, I did. 10 Q Did you take meetings with producers and directors? 11 A Yes I did. 12 Q By the way, in your business in the entertainment 13 industry, is it common to take meetings and sometimes auditions 14 in hotels and hotel rooms? 15 A Yeah, all the time. 16 Q You lived in New York, is that correct? 17 A Yes. 18 Q Would there be times you flew elsewhere to either take 19 a meeting or to have an audition? 20 A Yes. 21 Q Is a big part of the entertainment industry housed in 22 Los Angeles? 23 A I would say so, yes. 24 Q Did there come a time when you met a man named Harvey 25 Weinstein? Page 1134 1 A Yes. 2 Q Can you tell the jury how you met him? 3 A My agent took me to a party in L. A in someone's 4 house. 5 she introduced, my agent introduced me to Harvey Weinstein. 6 7 Q There was a lot of people there and at a certain point Were you, at that time, very familiar with Mr. Weinstein and what business he was in? 8 A No, I had never heard of him. 9 Q Did you come to understand that Mr. Weinstein owned a 10 production and distribution company? 11 A Eventually, yes. 12 Q What was the name of the company you came to understand 13 he owned or started? 14 A Miramax. 15 Q Do you see Mr. Weinstein in court today? 16 A Yes, I do. 17 Q Could you point him out for the Court and jury and 18 describe what he's wearing today? 19 20 A tie. 21 MS. ILLUZZI: 22 25 With your Honor's permission, indicating Mr. Weinstein. 23 24 Wearing a black suit and white shirt and white light THE COURT: A Very well. I'm sorry. THE COURT: Next question. Page 1135 1 2 Q What happened when you first met him, describe the interaction? 3 A Well, it was social. We were at this party, we talked 4 for a little bit, I don't really recall what we talked about 5 very much to be honest. 6 and then my agent was going to drive me back to Malibu where I 7 was staying, and the defendant offered to drive me there 8 himself. 9 Q 10 There was quite a lot of people there, Okay, what year was it that you met the defendant at that event? 11 A I would say it would have to be around 90, 91. 12 Q 1990 or 1991? 13 A Yeah. 14 Q So, in getting introduced to Mr. Weinstein by your 15 agent, were you called or worried about getting a ride home from 16 him? 17 A No. 18 Q Did you accept a ride home from him? 19 A Yes I did. 20 Q Where was the apartment, you were in a L. A, is that 21 correct? 22 A Yes. 23 Q Where was the ride home to? 24 A Malibu. 25 Q Is that where you were staying at the time? Page 1136 1 A Yes. 2 Q Tell the jury anything you recall of that ride home? 3 A I don't remember anything remarkable about the 4 conversation, only that he gave me his card and said that if I 5 came across any script, he was looking for some good scripts and 6 that is all I remember. 7 Q Did you ask him for anything? 8 A No. 9 Q Did he offer to give you anything? 10 A No. 11 Q Were there, at the time you met the defendant and he 12 dropped you off in your hotel in Malibu, did you also have other 13 projects going, other films you were in? 14 A Yes. 15 Q What were those films, if you recall? 16 A Well quite a lot. 17 18 A Mr. Wonderful was about to happen,. THE COURT: Ms. Illuzzi -- THE COURT: Yes. Me? 19 20 A I'm sorry, I'll speak up. 21 Q People cannot hear you. 22 A Okay. 23 Q You have to project? 24 A Okay, around that time I met with a director named 25 Anthony Mangella (phon splg). I was about to do a film called Page 1137 1 Mr. Wonderful but the dates were not set up yet. 2 Q Okay. 3 A And I met with Peter Meddock (phon) to do a movie 4 5 called Romeo Is Bleeding, there are a few of them. Q I'm going to show you two photographs. I'm going to 6 first show them to the defense, they were previously marked as 7 People's Number Three and Number Five and I'll ask them to be 8 shown to the witness. 9 10 11 ( Handed to witness). Q I'm going to ask you to look at People's Number Three first. 12 A Sorry. 13 Q Look at the back, there is a number on the back, Number 14 Three. 15 A Yes. 16 Q What is that a picture of? 17 A That is a press shot of me. 18 Q Was that photograph taken around the early 90's? 19 A Yes, it was. 20 MS. ILLUZZI: 21 THE COURT: 22 MS. ROTUNNO: 23 THE COURT: 24 25 I ask it be marked People's Three. Any objection? No objection. People's Three is received into evidence. MS. ILLUZZI: Show it to the jury please, Page 1138 1 electronically, thank you. 2 ( Exhibit displayed to jury). 3 Q Ms. Sciorra, smoking? 4 A Yes, I think that is a prop in that particular photo. 5 Q Did you smoke at some point? 6 A Sometimes, yes. 7 Q I'm going to ask you to look at that. Does that fairly 8 and accurately represent what you looked like in the early 9 90's? 10 A Yes. 11 Q Drawing your attention to People's Number Five we 12 handed you as well, do you recognize who is depicted in that 13 photograph? 14 A Yes I do. 15 Q Who is that? 16 A The defendant. 17 Q Does that photograph fairly and accurately represent 18 19 the way the defendant looked when you met him in the early 90's? A Yes, it does. 20 MS. ILLUZZI: 21 People's Number Five. 22 THE COURT: 23 MS. ROTUNNO: 24 THE COURT: 25 evidence. I ask it be marked in evidence as Any objection? No objection. People's Five is received into Page 1139 1 2 Q Ms. Sciorra, let me take you back then to after meeting the defendant and him driving you home to your hotel in Malibu. 3 Did there come a time when you did have a script from a 4 friend that you thought would be a good idea to bring to Mr. 5 Weinstein's attention? 6 A Yes. 7 Q Who was the friend who had written the script? 8 A Warren Leight. 9 Q Do you recall the name of the movie eventually, I know 10 sometimes it has different names, right? 11 A Yeah. 12 Q Let me ask you, the movie started with one name and 13 eventually when they are produced and released, they have 14 another name? 15 A Yes. 16 Q What was the name of this movie when it was eventually 17 released? 18 A The Night We Never Met. 19 Q Did you bring this script to the defendant's 20 attention? 21 A Yes, I did. 22 Q How did you do that? 23 A I called the number on the card. 24 Q After calling the number on the card, can you tell us 25 briefly what happened next in order to bring it to his Page 1140 1 attention? 2 A I believe I went to the Miramax office to drop it off. 3 Q Did there come a time when you helped arrange a reading 4 of the script for the defendant? 5 A Yes. 6 Q Can you explain what that means to the jury? 7 A Warren Leight was a member of the Naked Angels, another 8 theater company I worked with them a lot at the time and over 9 the years, I really liked his writing and I thought it would be 10 something I could do to help him get his movie made, so I gave 11 it to the defendant. 12 13 Q Then did you arrange or help arrange a reading of the script? 14 A Yes. 15 Q Explain what that means to the jury? 16 A Sorry, yes. So, sometimes producers want to hear the 17 script read out loud before they want to become involved or 18 attached to it. 19 So the Naked Angels theater company and myself, we got 20 a reading together. 21 who came to listen to it, a variety of people, and the defendant 22 came with his assistant, Meryl Poster, and they were right there 23 in the front row as we read. 24 script because it is different to hear it out loud. 25 So there was, I don't know, maybe 50 people We just sat in chairs reading the When you hear it out loud, you get more of a sense of Page 1141 1 the vibe for it rather than reading it on paper. 2 Q 3 the mic. 4 A You know you have to talk either louder or closer to Okay. Do you want me to repeat that? 5 MS. ILLUZZI: 6 THE COURT: 7 8 Q A Ms. Sciorra, were you planning on being part of that No, I was very clear about the fact it was written for Matthew Broderick and Sara Jessica Parker. 11 12 Next question. movie like acting in that movie when it was produced? 9 10 Can we ask? Q So, what happened after the reading, what happened during the reading and immediately after? 13 A Sara Jesse could not make the reading, so because I was 14 instrumental in trying to help Warren get this movie made, I 15 read the part of Ellen who was the lead character, but I did not 16 want to do it. 17 Q Did you tell the defendant that you didn't want to do 19 A I certainly did. 20 Q What happened next? 21 A He said that he would not do the movie, he would not 18 it? 22 produce the movie if I was not in it with Matthew, and I, you 23 know, felt bad about that because it was specifically written 24 for Sara Jessica Parker and I felt bad for my friend, so -- 25 Q Warren Leight? Page 1142 1 A Warren Leight. 2 Q Talk closer. 3 A So I agreed to go ahead and be in the movie. 4 Q When the movie was actually being filmed then, was 5 scheduled to be filmed, did you have a conflict? 6 A I did have a conflict, yes. 7 Q Explain that to the jury. 8 A Well, I had several conflicts. 9 One is I didn't really think it was the kind of humor I was great at, but I said Sara 10 Jessica was great at. I didn't think I was right for it and the 11 other conflict is I was very busy that summer. 12 Q What were you busy specifically with? 13 A I was filming a movie called Mr. Wonderful and right 14 after that went into Romeo Is Bleeding and I felt I needed a 15 break, but the defendant wanted to shoot it right on the heels 16 of two movies which I felt was going to be difficult for me. 17 Q Did you have conflicts with the defendant regarding 18 that? 19 A Yes, I did. 20 Q Can you explain that to the jury? 21 A I kept asking him first of all if they could -- let's 22 wait and do it in the spring so I could have a break, because I 23 was working a lot of night shoots on the other two movies. 24 25 And he insisted that he wanted to do it immediately when Romeo Was Bleeding wrapped, he wanted to do it in the Page 1143 1 fall. And I was indeed very, very tired when the time came and 2 I called him and told him that. 3 Q Is this right before you are living in Gramacy? 4 A No, I was living on Central Park West at that time. 5 Q Did the defendant send you something to that apartment? 6 A Yes, he did. 7 Q Can you tell the jury what he sent you? 8 A In an effort to help me relax and not be, you know, so 9 stressed or -- 10 MS. ROTUNNO: 11 THE COURT: Objection, foundation. Overruled. 12 Q That means you can continue. 13 A He sent me a plastic bag with -- from my doorman he 14 sends me with a note saying enjoy these movies, and it was His 15 Girl Friday and a couple of other movies from that time and some 16 liquorice, popcorn, and a bottle of Valium. 17 Q Had you ever taken Valium before? 18 A I had never taken any pill. 19 Q By the way, Ms. Sciorra, were you a big drinker? 20 A No. 21 Q Were you in any way addicted to narcotics? 22 A No. 23 Q Were you a drug addict? 24 A No. 25 Q Had you ever taken a sleep aid before this? Page 1144 1 A No. 2 Q Did you take the Valium? 3 A I did. 4 Q Did the defendant send you another care package at some 5 6 point? A Yes, he did, while we were, yes, he did, it was -- 7 MS. ROTUNNO: 8 THE COURT: Objection, foundation. Overruled. 9 A A box of chocolate penises. 10 Q And what was your reaction to that? 11 A I thought it was disgusting and inappropriate. 12 Q Did you have any romantic relationship with the 13 defendant, Harvey Weinstein, ever in your life? 14 A No. 15 Q To this day, have you ever had in any way a romantic 16 interest or relationship with Harvey Weinstein? 17 18 MS. ROTUNNO: A Objection. No. 19 THE COURT: Overruled. 20 Q How long approximately did it take to film The Night We 21 Never Met? 22 A I would say six weeks. 23 Q Were you continuing to use the Valium? 24 A Yes, I used the Valium and during the day and at 25 nighttime. Page 1145 1 Q Did you get refills of the Valium? 2 A Yes. 3 Q Do you remember how you got refills of the Valium? 4 A I don't recall, I don't recall. 5 Q Do you recall whether or not, irrespective of how you 6 got them, the defendant was involved in that? 7 MS. ROTUNNO: 8 THE COURT: 9 10 Q Valium? MS. ROTUNNO: 12 THE COURT: 14 Sustained. Did the defendant have any part in refilling the 11 13 Objection. Q Objection. Sustained, move on. In addition to the Valium, did there come a time when you also started drinking alcohol? 15 A Yes. 16 Q Was that around that time, period of time? 17 A Yes. 18 Q Was this very unusual for you? 19 A Yes, it was. 20 Q After you wrapped The Night We Never Met, did you see 21 22 the defendant with regularity in the next few months? A Occasionally I was invited to a dinner or an event or a 23 screening by Meryl Poster, his right hand, and sometimes the 24 defendant was there. 25 Q How were you feeling physically? Page 1146 1 A Not well. 2 Q We have a photograph, I'm showing this to the defense 3 which has been pre-marked People's Exhibit Number 19 for 4 identification. 5 6 I would like to show it to the witness please. ( Handed to witness). Q I'm going to ask you to look at the photograph which 7 has now been marked People's 19 for identification. 8 recognize who is depicted in that photograph? Do you 9 A Yes, that is me. 10 Q Do you recognize when that photograph was taken? 11 A Yes, I do. 12 Q When was it? 13 A It was the premier of The Night We Never Met. 14 Q Does that photograph fairly and accurately depict how 15 16 you looked at that time? A Yes. 17 MS. ILLUZZI: 18 I ask this be marked in evidence as People's 19. 19 THE COURT: 20 MS. ROTUNNO: 21 THE COURT: 22 MS. ILLUZZI: 23 Any objection? No. People's 19 is received into evidence. I'll show it on the screen now as well. 24 Q Was this you at that premier? 25 A Yes. Page 1147 1 2 Q Do you look the way you ordinarily looked in that photograph? 3 A I'm sorry. 4 Q Do you look in that photograph the way you ordinarily 5 looked? 6 MS. ROTUNNO: 7 Q At other times? 8 A No. 9 Q Why is that? 10 THE COURT: Objection. Overruled. 11 Q What is different? 12 A My eyes are puffy and I look tired. 13 Q Was that as a result of what you have previously 14 described to us? 15 A Yes, it was. 16 Q Ms. Sciorra, I'm going to now direct your attention to 17 the winter month between 1993 and 1994, do you recall that 18 period of time? 19 A I do. 20 Q At that period of time, where were you living? 21 A I was living on Gramacy Park North. 22 Q Do you remember what floor you were living on? 23 A On the 17th floor. 24 Q Do you remember your apartment number? 25 A 17 L, M. Page 1148 1 Q When you say L, M describe that to the jury. 2 A I was renting an apartment and they put two apartments 3 4 5 together, so there were two doors. Q During that period of time after doing The Night We Never Met, were you being invited to Miramax events? 6 A Yes, I was. 7 Q Were you going to the Miramax events? 8 A Yes, I was. 9 Q Did you see the defendant at those events? 10 A Sometimes, yes. 11 Q I'm going to ask you about a dinner in particular in 12 those months between 1993 and 1994 during the cold whether. 13 Do you recall on one evening in particular going to a 14 restaurant that was not too far from your apartment at 60 15 Gramacy? 16 A Yes I do. 17 Q Do you recall what the event was? 18 A I don't remember the event, I just remember the dinner 19 20 21 22 after. Q Can you describe for us who was at that dinner and where it was to the best of your recollection? A The dinner was at a restaurant above 14th Street but 23 south of Gramacy Park, and it was kind of an Irish restaurant, 24 not a pub or bar, but an actual restaurant, and the defendant 25 was there and I recall Uma Thurman was there and I'm not sure Page 1149 1 who else, but there was about maybe eight or nine people. 2 Q Was the dinner somewhat uneventful? 3 A Yeah. 4 Q Can you tell the members of the jury what happened 5 6 7 after the dinner? A I got up to leave to go home and the defendant asked, told me he would give me a ride home. 8 Q Did you accept the ride? 9 A Yes I did. 10 Q Was there anything that was, you know, in your mind 11 inappropriate about getting a ride home from him? 12 A No, not at all. 13 Q When you say a ride home, was it the defendant driving 14 a car? 15 A 16 driving. 17 Q 18 No, it was, he had a driver, there was somebody So, did there come a point in time you did get into the car with the defendant and his driver and get a ride home? 19 A Yes. 20 Q Approximately how long was that ride home, if you 21 recall? 22 A Not very long, it was fairly close. 23 Q Do you remember anything about the conversation at that 24 time? 25 A Not really, no. Page 1150 1 Q Was it in any way a sexual conversation? 2 A No, not at all. 3 Q What happened once you arrived at 60 Gramacy? 4 A I got out, I said good night and I went home, went to 5 my apartment. 6 Q Describe your apartment building for us. 7 A My apartment building? 8 Q Yes? 9 A It was a doorman building with an entrance on Gramacy 10 Park and another entrance on the other side. 11 fancy building right with a key to Gramacy Park. 12 13 Q It was kind of a Do you remember approximately what time of the evening it was that the defendant dropped you off? 14 A About 10, 9:30, 10. 15 Q What happened when he dropped you off, tell us what 16 happened next? 17 A I went upstairs and got ready for bed. 18 Q What do you mean get ready for bed, what did you do to 19 prepare for bed? 20 A Washed my face, brushed my teeth and put on a 21 nightgown. 22 Q Do you remember what nightgown it was? 23 A Yes, I do. 24 Q Can you describe it to the jury? 25 A It was a white cotton nightgown that had been given to Page 1151 1 me by my mother's cousin in Italy because I didn't really have 2 anything of my grandmother's because she died when she was very 3 young. 4 family, quite old cotton and brighter nightgown. So my mother's cousin gave me some things from the 5 Q What happened next? 6 A There was a knock on the door. 7 Q What did you do? 8 A I opened the door to see who it was thinking it was a 9 neighbor or the doorman. 10 Q How did you open the door? 11 A I just opened it up a crack to look out. 12 Q Do you recall if there was a peephole on your apartment 13 door? 14 A I don't remember. 15 Q You are in your night clothes? 16 A Yes. 17 Q And you opened the door anyway? 18 A Yes. 19 Q Did anyone announce that somebody was coming up? 20 A No. 21 Q Did the doorman call you that there was a guest asking 22 to come up to your apartment? 23 A No. 24 Q What happened when you opened the door a bit, tell the 25 jury, take your time. Page 1152 1 A 2 open. 3 there, and he started to walk. 4 separated and there was a living room and dining room, and he 5 started to sort of walk around like I don't know what he was 6 doing. 7 Um, the defendant was there and he pushed the door I didn't have an opportunity to understand why he was There was two bedrooms like In hindsight I think he was looking to see if there was 8 somebody else there, and he started to unbutton his shirt and I 9 then realized that he thought we were going to be having sex. 10 Q Talk a little bit louder. 11 MS. ROTUNNO: 12 THE COURT: 13 14 A Overruled. I realized like if he was taking off his shirt that in his head -- 15 16 Objection to the speculation. MS. ROTUNNO: A Objection. He wanted to have sex and I did not want to. 17 MS. ROTUNNO: Objection. 18 A I told him he had to leave. 19 Q Stop for a second until the Court rules on any 20 objections. 21 22 23 24 25 THE COURT: Q Overruled, please continue. I ask you to take you back to the point where you see him unbuttoning his shirt, tell us what was said or done next? A I realized what he wanted, it was pretty obvious, so I started to back up because I thought I could make it into my Page 1153 1 bathroom, and I was telling him to leave and this wasn't going 2 to happen. 3 I was not having sex with him, but he kept coming at me and I 4 felt very over-powered because he was very big, so I tried -- I was not feeling in any way romantic with him, and 5 Q How much did you weigh at that time? 6 A Hundred 10, hundred 15. 7 Q How tall are you? 8 A Five four. 9 Q Continue. 10 A And so I started to back up thinking I could make it to 11 my bathroom and get in there, and he grabbed me and -- 12 Q Hold on, go slower, show us how he grabbed you. 13 A He grabbed me over here. 14 MS. ILLUZZI: Ms. Sciorra is indicating the front 15 of the dress she's wearing and it is just around her collar 16 and just above her chest level, continue. 17 Q Continue. 18 A And he led me into, he led me into the bedroom which 19 was the next room over from the bathroom, and he shoved me on 20 the bed. 21 I can't tell you exactly when his pants came off or 22 exactly what happened, I don't think his shirt ever got 23 completely off. 24 25 I was wearing that nightgown and I did not have underwear underneath and he, as I was -- as I was trying to get Page 1154 1 him off of me -- 2 Q What were you trying to do to get him off? 3 A Punching him, kicking him, just trying to get him away 4 5 6 from me and he took my hands and put them over my head. Q I'm going to illustrate that for the jury, do that again. 7 A 8 back. 9 He put my hands over my head like this to hold them MS. ILLUZZI: 10 Indicating with both her arms over her head holding her wrist. 11 A And he got on top of me and he raped me. 12 Q Okay, tell us what he did physically, take your time. 13 A He put his penis inside my vagina and he raped me. 14 Q Again, without the conclusion, you have to describe to 15 16 the jury the physical actions. A He put his penis inside my vagina and he had 17 intercourse with me while I was trying to fight, but I could not 18 fight anymore because he had my lands locked. 19 Q Then what happened? 20 A At a certain point he stopped and he -- he came out of 21 22 23 me and he ejaculated on top of me on my leg and my nightgown. Q Did he say anything, do you remember any words being said during this? 24 A He said I have perfect timing. 25 Q Continue. Page 1155 1 A And -- 2 Q Go ahead. 3 A And then he proceeded to put his mouth on my vagina and 4 before he did that, he said this is for you, and I didn't have 5 very much fight left inside of me at that point. 6 know, but I mean there was not much I could do at that point; my 7 body shut down. 8 started to shake in a way that was very unusual. 9 10 seizure or something. MS. ILLUZZI: A 13 14 15 16 And then it was just so disgusting that my body I didn't really know what was happening, it was like a 11 12 I said no, you Excuse me. MS. ILLUZZI: Q Wait a second. Give me one moment. I'm going to take you back to the moment you indicated your body was shaking, take it from there. A My body began to shake, I don't know how quite to 17 describe it, it just was shaking like a seizure or something. 18 don't know how else to describe it. I 19 Q What happens next? 20 A The defendant left and walked out. 21 Q What happened to you? 22 A I don't remember a lot then, I know that I woke up, I'm 23 not sure if I fainted or if I fell asleep or if I blacked out, 24 but I woke up on the floor with my nightgown like kind of up and 25 I didn't know if something else had happened, yeah. Page 1156 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ( Continued on next page by Susan). Page 1157 1 (Continued from the previous page.) 2 (Time noted: 10:30 a.m.) 3 4 5 BY MS. ILLUZZI-ORBON: Q Ms. Sciorra, did you get drunk at that restaurant prior to going home that night? 6 A No. 7 Q Were you still taking Valium at that time? 8 A No. 9 Q Tell the jury what you -- when you stopped taking 10 11 Valium? A I realized I was addicted to the Valium and I was 12 taking it during the day a lot, at nighttime and I also knew it 13 wasn't good for me. 14 treatment, at the pharmacy and I started to wean myself off by 15 cutting the Valium in half and taking the homeopathic medicine 16 instead. 17 18 19 So I found homeopathic, you know, And that's how I got off of it. Q On this night that Harvey Weinstein came into your apartment, were you, in any way, on Valium at that time? 20 A No. 21 Q Did you take any drug or any substance prior to him 22 coming into your apartment? 23 A No. 24 Q Do you remember if you even had a single drink at 25 dinner that night? Page 1158 1 A I don't really recall but I might have had a drink. 2 Q Did you have any discussions with the defendant that 3 night or prior to that that you had weaned yourself off of the 4 Valium and were no longer taking it? 5 A No. 6 Q Ms. Sciorra, I am going to show you a photograph which 7 has been previously marked for identification as People's 8 Exhibit number 20 and shown to the defense. 9 Do you recognize what is depicted in that photograph? 10 A Yes. 11 Q Who is it? 12 A It's me. 13 Q And when is that photograph taken, approximately? 14 A This was the opening night of a play that I did 15 16 17 18 called, Those the River Keeps. Q And was that play -- when, approximately, was that play rehearsed and in production? A It was rehearsed in the fall of '93, maybe October, 19 November, December or something and then we opened or maybe 20 November, December and then we opened, I think opening night 21 was at the beginning of February. 22 Q Is there something about that photograph that reminds 23 you of this evening that the defendant came into your 24 apartment? 25 A Yes. Page 1159 1 Q Can you explain that to the jury? 2 A It doesn't look genuine. 3 looks -- 4 MS. ROTUNNO: 5 Q 6 People? 8 it? 10 11 It Objection. Let me ask you a different question. Did you at some point provide that photograph to the 7 9 It looks like I am sad. A Was that photograph on the internet or did you provide Oh, no. Somebody, you know, paparazzi, an opening night party and then it was put on the internet. Q And is there something about that photograph and the 12 period of time which connects you to this thing that happened 13 with the defendant? 14 A Yes, it reminds me very much of being raped by Harvey 15 Weinstein. 16 Q And so, was it, approximately, the time that you were 17 in rehearsal and production of that play that this happened 18 with Harvey Weinstein? 19 A Yes. 20 MS. ILLUZZI-ORBON: 21 evidence as People's Exhibit Number 19. 22 THE COURT: 23 MS. ILLUZZI-ORBON: 24 THE COURT: 25 MS. ROTUNNO: I ask it to be marked in Twenty. Twenty. Any objection? No. Page 1160 1 2 THE COURT: People's 20 is received into evidence. 3 MS. ILLUZZI-ORBON: 4 jury. 5 Q I am going to show it to the Is that, looking at that photograph, People's Exhibit 6 number 20 now in evidence, Ms. Sciorra, is that the usual color 7 of your hair? 8 A No, it was dyed for the play. 9 Q Okay. We are going to show you now nine photographs. 10 We are showing them to the defense first. 11 premarked. 12 THE COURT: 13 MS. ILLUZZI-ORBON: 14 THE COURT: 15 MS. ILLUZZI-ORBON: 16 MS. ROTUNNO: 17 MS. ILLUZZI-ORBON: We had them Numbers. They do have numbers. Tell me what they are. Yes. Thank you. These we have nine 18 photographs, Judge, they are marked People's Exhibit 19 numbers 21 through 28. 20 THE COURT: Thank you. 21 MS. ILLUZZI-ORBON: And there is one that is 22 marked People's Exhibit number 4 because it was in the 23 PowerPoint for the opening. 24 number 4. 25 So it's 21 through 28 and I am going to hand the entire file of them to the Page 1161 1 witness. 2 3 4 Thank you very much. Q If you can look at those photographs and let us know when you are done. 5 6 Take your time, Ms. Sciorra. Do you recognize what is depicted in those photographs? 7 A Yes. 8 Q Can you tell the jury what they are? 9 A It is the front of the building I lived in when I was 10 raped. 11 Q Is that the location of 60 Gramercy? 12 A Yes, it is. 13 Q And does the facade of the building and the hallway 14 and the elevator and the hallway upstairs near the apartments 15 look fairly and accurately the same as they did when you lived 16 there in 1993 and 1994? 17 A Yes, it does. 18 19 MS. ILLUZZI-ORBON: Your Honor, as People's Exhibit number 4 and 21 through 28. 20 THE COURT: 21 MS. ROTUNNO: 22 THE COURT: 23 Q 24 number 21. 25 I move them into evidence, Any objection? No. Those are received into evidence. So, first, we are going to show you People's Exhibit Okay, do you recognize that? Page 1162 1 A Yes. 2 Q Is that the front of the building? 3 A Yes, it is. 4 Q Obviously, there is scaffolding in this particular 5 picture, but do you recall whether or not there was scaffolding 6 when the defendant dropped you off on the night he came to your 7 apartment? 8 A There was no scaffolding. 9 Q Other than that you still recognize the front? 10 A Yes. 11 Q Next we are going to show you People's Exhibit number 12 4. 13 14 Is that the entrance of the building at 60 Gramercy where you lived? 15 A Yes, it is. 16 Q Again, minus the scaffolding at that time? 17 A Yes. 18 Q Now, I am showing you People's Exhibit number 22. 19 20 21 And what is this, Ms. Sciorra? A The stairway that leads into the building or out of the building. 22 Q And it looks, approximately, the same as it did then? 23 A Yes. 24 Q It was a nice building? 25 A Very nice. Page 1163 1 Q 2 3 People's Exhibit number 23, next. Can you tell us what we are looking at there? A That's the hallway when you come into the entrance, 4 you go down the stairs. That's the hallway leading back to the 5 elevators on the other side of the building. 6 Q Was this a doorman building? 7 A It was, yes. 8 Q Where did the doorman hang out? 9 A By the door, I guess. 10 Q But did they have like a desk when you walked in to 11 greet people or were they just by the front door? 12 A 13 the desk. 14 I think that little thing on the side there was maybe No, I don't think there was a stand. 15 remember, exactly. 16 podium kind of thing. 17 18 Do you recall? Q Okay. I don't But I don't think there was a stand-up, So I am showing you a window to the right-hand side of this photograph, our right-hand side, right there? 19 A Right. 20 Q And do you know whether or not the doorman would 21 sometimes be there or sometimes be by the front door? 22 23 MS. ROTUNNO: Speculation. 24 25 Objection. THE COURT: Q If you recall. Overruled. Objection. Page 1164 1 A Yes, sometimes they weren't there. I also had a key. 2 But sometimes they were over there, they had a logbook and 3 sometimes they were at the front door. 4 Q 5 6 7 8 9 Okay. Showing you People's Exhibit number 24. What's that? A That's the other entrance into the building on, I think, 22nd Street. Q Okay. And where was the elevator bank that went up to your apartment on the 17th floor? 10 A It was closer to this entrance. 11 Q Okay. I am going -- I am going to show you, is that 12 the elevator bank over there, sort of to the right-hand side 13 that would take you to your floor, if you recall? 14 A Yes. 15 Q Okay. 16 Now I am going to show you an exhibit marked People's Exhibit number 25. 17 Ms. Sciorra, what is that a photograph of? 18 A That's the elevator on the 17th floor. 19 Q And was that the elevator that you took to your 20 apartment? 21 A Yes. 22 Q Do you see your apartment L and M in that photograph? 23 A Yes, I do, yes. 24 Q And where is it? 25 A It's at the back, it's at -- Page 1165 1 Q With the Court's permission, could you stand up? 2 MS. ILLUZZI-ORBON: 3 THE COURT: 4 THE WITNESS: 5 Would that be okay Judge? Yes. It's at the back there. It's L and next to it is M. 6 MS. ILLUZZI-ORBON: Your Honor, with the Court's 7 permission, she's indicating two doors in the foreground of 8 this photograph all the way to the back beyond the elevator 9 and a double door. 10 Q 11 that? 12 A That would be the front doors to the apartment. 13 Q And People's Exhibit Number 27. 14 Showing you now People's Exhibit number 26. What's Is that apartment L? 15 A Yes. 16 Q In this photograph, Ms. Sciorra, we are seeing that 17 there is some sort of obstruction to the peephole. 18 19 Do you recall whether or not you had a working peephole at the time of this incident? 20 A I don't remember. 21 Q But let me show you People's Exhibit number 28, M. 22 23 It's only People's Exhibit 28, but what we are showing you here is an apartment door that says M. 24 25 Do you see that, Ms. Sciorra? A Yes, I do. Page 1166 1 2 Q have a working on peephole? 3 4 And do you see in this photograph M looks like it does Do you remember which door it was that you opened when Mr. Weinstein knocked? 5 A Can I see the picture of the two doors again, please? 6 Q Yes. 7 We are going to put up People's Exhibit 26. Just give us a second. There you go. 8 A It would have been M, the one on the right. 9 Q Okay. 10 So you think you opened M over there that appears to have a working peephole? 11 A Yes, it does. 12 Q Did you use the peephole? 13 A No. 14 Q Okay. Ms. Sciorra, when you woke up on the floor 15 after the defendant had left your apartment that evening in the 16 winter months between 93 and 94, what happened next? 17 A I wanted to pretend it never happened. 18 Q You need to talk a little bit louder. 19 A I wanted to pretend it never happened. 20 Q Why? 21 A Because I wanted to get back to my life. 22 Q Did you call the police? 23 A I did not. 24 Q What did you think it was that happened to you? 25 Did you think it was a crime what happened to you? Page 1167 1 2 A he was a nice person. 3 4 I didn't really know. I don't know because I thought I thought he was an okay guy. I felt confused. I felt like I wished I had never opened the door. 5 Q Were you expecting him to come up? 6 A No. 7 Q Had you invited him up? 8 A No. 9 Q Did you in any way give this man an indication that 10 you were interested in him romantically? 11 A None whatsoever. 12 Q Did you know what constituted the crime of rape? 13 A I am not sure. 14 Q Did you think that you could call the police? 15 A No. 16 Q Why not? 17 A Because he was someone I knew. 18 Q Is that what you thought at that time? 19 A That he was someone I knew? 20 Q No, that it would make a difference if it was someone 21 you knew? 22 A I would say I felt at the time that rape was something 23 that happened, you know, in a back alleyway, in a dark place by 24 somebody you didn't know with a gun to your head. 25 Q Did he physically force you when he was having Page 1168 1 intercourse with you? 2 A Yes. 3 Q Did he physically force you when he was having oral 4 copulation with you? 5 A Yes. 6 Q Did you call anybody? 7 What was your reaction to what had happened to you? 8 9 10 What did you do? A up. I don't remember the immediate reaction when I woke I don't remember much except for feeling disgusting. Q 11 Did you resume your normal life? Did you react at all in the days or the weeks that 12 followed? 13 A I resumed my life to the best of my ability, yes. 14 Q And how about in your apartment when you were alone in 15 16 17 your apartment? A I had a lot of what I now know is called dis-associative experiences. 18 19 I cried a lot. I spent a lot of time alone. people. 20 I didn't see very many I didn't want to have to talk about what happened. I disappeared. 21 to paint the walls. 22 myself a lot. I began to paint the walls. I began to drink a lot. I began I began to cut 23 Q Had you ever done that in your life before this? 24 A No. 25 Q How and where would you cut yourself, do you remember? Page 1169 1 A I had this wall that was -- it was white and then I 2 began to paint it like a blood red color with tubes of oil 3 paint. 4 And, um, it was this massive -- I don't know what I 5 was thinking or doing. 6 put -- I would put the blood from my fingers, my hands into 7 the -- into this masterpiece. 8 9 But I began to cut myself and I would And I would take -- wherever I would put the blood, I would take pieces of gold leaf and I would mark it. 10 Q Why were you doing that? 11 A I don't know. I didn't feel good. 12 and I didn't want to go out. 13 alone. I didn't feel good So I spent a lot of time inside 14 Q 15 life? 16 A No. 17 Q Did you call anybody in your family, Ms. Sciorra? 18 A Yes, I called two of -- two of my brothers. 19 Q Did you tell them what happened? 20 A No, I just asked them to come over because I knew I 21 Had you ever done anything like that before in your wasn't well. 22 MS. ROTUNNO: 23 THE COURT: Objection. Foundation. Overruled. 24 Q Why didn't you tell them what happened? 25 A I didn't know how to tell them on the phone. I wanted Page 1170 1 them to come over so I could tell them and so that they could 2 help me and they could protect me. 3 Q Did they come over? 4 A No. 5 Q Did any friend or relative come over? 6 A My brother's girlfriend came over. 7 Q Did you tell her what happened? 8 A No, we talked. 9 somebody to talk to. 10 11 I just wanted some kind of company, But I was -- I really wanted my brothers. I wanted to see my brothers. I wanted someone in my family and I didn't want to tell my parents. 12 Q But you hadn't told your brothers what happened? 13 A I am sorry. 14 Q But you hadn't told your brothers what happened, 15 right? 16 A No. 17 Q In those first few weeks and months, Ms. Sciorra, do 18 19 you remember telling anybody what happened? A 20 I tried to but it was hard to talk about. So I told someone that something bad had happened. 21 MS. ROTUNNO: 22 THE COURT: 23 MS. ILLUZZI-ORBON: 24 25 Q Objection, hearsay. Sustained. May I continue. When was the next time you remember seeing the defendant, Harvey Weinstein? Page 1171 1 A Again, Meryl Poster invited me to a dinner and we were 2 seated in a part of the restaurant, I don't know what 3 restaurant. 4 MS. ROTUNNO: Objection, foundation. 5 Q You have to talk a little bit louder. 6 A We were seated in a restaurant. I don't know what 7 restaurant and then all of a sudden we had to move. 8 defendant wasn't there but we had to move to another -- 9 10 MS. ROTUNNO: foundation. 11 The Judge, I am going to object to There is no date, time, place, location. THE COURT: Overruled. 12 Q You can continue. 13 A We moved to another -- we had to move suddenly to 14 another part of the restaurant and it was in that moving to the 15 other part of the restaurant that I saw the defendant. 16 Suddenly. 17 Q 18 Do you remember, approximately, how long the incidents at your apartment was before this next event where you saw him? 19 A I would say two weeks to six weeks. 20 Q Ms. Sciorra, do you make your living acting? 21 A I do. 22 Q For you to support yourself and your family, do you 23 need to act? 24 A Yes. 25 Q And in socializing with people and going to events is Page 1172 1 that part of your job? 2 A Yes. 3 Q Tell us what, if anything, happened that very next 4 time you saw the defendant? 5 A I confronted him about what happened in my apartment. 6 Q How did that go, to the best of your recollection? 7 8 9 10 What did you say and what did he say? A 13 14 15 and he said, that's what all the nice Catholic girls say. And then he leaned in to me and said, this remains between you and I. Q And can you describe his affect and demeanor when he said that to you? A It was very menacing. His eyes went black and I 16 thought he was going to hit me right there. 17 threatening and I was afraid of him. 18 Q 19 1994. 20 21 MS. ILLUZZI-ORBON: Your Honor, if we were going to take a break, this is a good time. THE COURT: 23 MS. ILLUZZI-ORBON: 25 And it was I am going to draw your attention now to London in 22 24 And I told him how I woke up and that I had blacked out and fainted 11 12 I tried to talk to him about what happened. Q We weren't. Okay, that's fine. Directing your attention to London in 1994, Ms. Sciorra, what took you to London in that year? Page 1173 1 2 A I was offered a movie that shot in London and I said, yes, and went over there? 3 Q What was the name of that movie? 4 A The Innocent Sleep. 5 Q Approximately, how long was the filming of The 6 Innocent Sleep in London in 1994? 7 A 8 we shot. 9 Q I would say a few months. We rehearsed first and then We are going to talk about what happened there. 10 Can I just fast forward? 11 After those few months, you got home to New York? 12 A Yes, I got -- 13 Q What day did you arrive home to New York? 14 A Christmas Eve. 15 Q That was Christmas Eve of 1994? 16 A Yes. 17 Q So you were filming in the months just before that? 18 A Yes. 19 Q Tell us if you encountered or if you got a 20 communication from the defendant when you were filming that 21 movie? 22 A Yes, I started to receive messages from the concierge 23 that he had called, that the defendant had called. 24 lot of messages, almost every day, that I should call him back. 25 Q Was this a Miramax film? There was a Page 1174 1 A No. 2 Q Who was the producer of that film? 3 A Matthew Vaughn. 4 Q Continue. 5 A I never called him back and then one day he got me on 6 the phone while I was there, the phone rang, and he said he 7 wanted to have -- he wanted me to come have breakfast with him 8 at his hotel -- 9 MS. ROTUNNO: 10 11 12 THE COURT: Q Objection. Objection. Day, date. Overruled. So we have to -- when there is an objection, Ms. Sciorra -- 13 A I didn't hear it. 14 Q -- if you do hear it, just stop where you are and let 15 the Court rule on the objection so we know if we can continue 16 with the question, okay. 17 So let me just take you back a minute. 18 You indicated that he got you on the phone one time 19 20 21 and you were in the hotel? A Yeah, he got me on the phone and he said he wanted me to go to his hotel for breakfast to have a meeting. 22 And I said I was very busy and I didn't want to go. 23 And then cars started to appear. The concierge 24 started calling me morning, after morning, saying there was a 25 car there to pick me up, even on the days I wasn't working and Page 1175 1 I said it wasn't for me. 2 Q Okay. 3 A Yes, they did. So -- Did things escalate a bit? He started to get irritated and I 4 asked Matthew Vaughn to -- I said -- I asked -- I told Matthew 5 Vaughn what was happening. 6 MS. ROTUNNO: 7 THE COURT: 8 THE WITNESS: 9 Objection. Overruled. And he apparently knew about the defendant's reputation. 10 MS. ROTUNNO: 11 THE COURT: 12 Next question. 13 Hearsay. Objection. Sustained. Hold on. BY MS. ILLUZZI-ORBON: 14 Q So did you ask Matthew Vaughn for assistance? 15 A I did. 16 Q What did he ask him for? 17 A The first thing I asked him for was to come to a 18 restaurant with me where I could meet the defendant at lunch 19 and have him sit at another table. 20 Q Why? 21 A Because of -- I was afraid of the defendant and afraid 22 he would throw me into the car and hurt me. 23 Q And then what happened? 24 A And then Matthew Vaughn wanted to go to the police. 25 MS. ROTUNNO: Objection. Page 1176 1 2 3 THE COURT: Q Okay. Sustained. Did you ever meet the defendant for any meal or at any point in time during that period? 4 A I never met with him but he came to my hotel room 5 door. 6 This is Harvey, open up the door. He was banging on it insistently telling me to open up. 7 MS. ROTUNNO: 8 THE COURT: Objection. Overruled. 9 Q Were you alone in the hotel room when that happened? 10 A Yes. 11 Q Was it in the morning or the evening? 12 A It was at evening. 13 Q Did you open your door? 14 A No. 15 Q As a result of that, did you ask Matthew Vaughn to 16 assist you in moving hotels to a different location? 17 A Yes, I did. 18 Q And was there any also any sort of way in which you 19 20 did this to keep your privacy? A We moved in the middle of the night. I told him I 21 didn't want my address on any papers, on any call sheets and 22 the only people that could know where I was was Matthew himself 23 and the person that picked me up in the morning for work. 24 25 Q Do you know how the defendant knew you were in London? MS. ROTUNNO: Objection. Page 1177 1 THE WITNESS: 2 THE COURT: No. Sorry. Overruled. 3 Q I am sorry. I couldn't hear you. What did you say? 4 A No. 5 Q What is a call sheet? 6 A A call sheet is several pieces of paper that are 7 distributed every day so that you know what the next today's 8 work is going to be. 9 you will be picked up, what time will be in makeup, what scenes On there it has your call time, what time 10 you are shooting and it's distributed to the entire cast and 11 crew every day. 12 13 Q Was the defendant, in any way connected to that movie, The Innocent Sleep? 14 A No. 15 Q So do you have any information about what the 16 defendant's business in London was? 17 MS. ROTUNNO: 18 THE COURT: 19 THE WITNESS: Objection. Overruled. No. 20 Q Did you move hotels? 21 A Yes. 22 Q Did you see the defendant or hear from him again? 23 A No. 24 Q Ms. Sciorra, without telling us what the conversation 25 was at all, did Rosie Perez call you when she heard what had Page 1178 1 happened? 2 MR. CHERONIS: 3 THE COURT: 4 5 Q Objection. Sustained. Did you receive a call from anybody while you were there in London regarding this? 6 MR. CHERONIS: 7 THE WITNESS: 8 THE COURT: Objection. Yes. Overruled. 9 Q Who is Rosie Perez? 10 A Rosie Perez is a friend. 11 Q Also an actress? 12 A She's an actress. 13 Q I am going to fast forward now to 1997. 14 15 Were you commissioned to have a role in a movie called, Cop Land in 1997? 16 A Yes. 17 Q So you don't know -- do you remember the date when you 18 I am not sure of the date but yes. were actually given that role? 19 A Not exactly, no. 20 Q Was that a Miramax film? 21 A Yes. 22 Q When you agreed to do the film, did you know it was a 23 Miramax film? 24 A By that time, yes. 25 Q When you first got the script and were reading for the Page 1179 1 part, did you know it was a Miramax film? 2 A No. 3 Q Had you seen the defendant from the time of the 4 incident you just described in London until the point where you 5 were reading and then auditioned for Cop Land? 6 A No. 7 Q In the interim, physically, in addition to what you 8 have already told the jury, how were you feeling? 9 How were you in general? 10 11 A lost a lot of weight. 12 13 I had gone -- I had continued to drink. Q I was -- I I was depressed. Did you have a drinking problem before this happened to you? 14 A No. 15 Q Did you have a drug problem before this happened to 17 A No. 18 Q I am going to show you a photograph marked People's 16 you? 19 Exhibit number 29 and show it to the defense and then ask to 20 show it to the witness. 21 22 In looking at that photograph, Ms. Sciorra, does -one second. 23 24 25 MS. ILLUZZI-ORBON: Q One minute, Judge. Does People's Exhibit number 29, generally, reflect your body type at the time of these events? Page 1180 1 MS. ROTUNNO: 2 THE COURT: 3 4 5 6 Objection. Can you be more specific about the event? BY MS. ILLUZZI-ORBON: Q Well, in 1993 and 1994, were you generally a small person? 7 A Generally. 8 Q And does People's Exhibit number 29 sort of reflect 9 that? 10 A I look very skinny here. 11 Q But you are about that size? 12 A Yes. 13 Q You have to answer. 14 A Yes. 15 16 MS. ILLUZZI-ORBON: We will ask to mark it in evidence Defendant's Exhibit number 29. 17 THE COURT: 18 MS. ROTUNNO: 19 THE COURT: Any objection? No. Twenty-nine is received into 20 evidence. Next question. 21 Q Yes. You can show it to the jury, please. 22 A That's a different one than you showed me. 23 Q I am going to show you another photo that's basically 24 25 your height and weight around this time, is that correct? A Yes. Page 1181 1 Q And then fast forwarding to March of 1994 and -- 2 THE WITNESS: 3 THE COURT: 4 MS. ILLUZZI-ORBON: 5 8 Go ahead. You can answer standing if you wish. 6 7 May I stand up? THE WITNESS: It's okay. BY MS. ILLUZZI-ORBON: Q After this happened to you, after the defendant came 9 in to your apartment in New York between '93 and '94 and those 10 winter months, you indicated that you started to cut yourself, 11 is that correct? 12 A Yes. 13 Q Do you remember how long that lasted? 14 A A few years. 15 Q I am going to show you a photograph which we have 16 previously marked as People's Exhibit number 30 for 17 identification and show it to the witness. 18 Do you recognize that photograph? 19 A Yes. 20 Q And do you recognize the person you are with in that 21 photograph? 22 A Yes. 23 Q Who are the people in that photograph? 24 A My friend, Kara Young. 25 Q And yourself? Page 1182 1 A And myself. 2 Q Do you remember what event that was at? 3 A No. 4 Q Your hair is very short at that period of time, is 5 that correct? 6 A Yes. 7 Q And around that time -- was that around the time just 8 9 after this happened to you? A Yes. 10 11 MS. ILLUZZI-ORBON: evidence as People's Exhibit number 30. 12 13 THE COURT: What's the name of the person in the photograph? 14 MS. ILLUZZI-ORBON: 15 THE WITNESS: 16 MS. ILLUZZI-ORBON: 17 THE COURT: 19 MS. ROTUNNO: YOUNG, Kara. Any objection? I object to the relevancy of the THE COURT: All right. 22 evidence over objection. 23 Next question. 25 I will ask it to be shown to fact her hair has changed. 21 24 Kara Young. the jury. 18 20 I ask it be marked in Thirty is received into BY MS. ILLUZZI-ORBON: Q Okay. So we are going to show it to the jury. Page 1183 1 Is that you and Ms. Young? 2 A Yes, it is. 3 Q She's a friend of yourself? 4 A Yes, she is. 5 Q And is that at a period of time just after this 6 happened to you and the defendant barged into your house 7 between '93 and '94? 8 A Yes. 9 Q Thank you. 10 A Yes. 11 Q -- I am going to take you back now to the time in 12 Now Ms. Sciorra -- which you read for Cop Land. 13 A Yes. 14 Q Do you recall that? 15 A Yes. 16 Q And you indicated that you didn't even know it was a 17 Miramax film when you read for it, is that correct? 18 A Yes. 19 Q I am going to show the defense what we previously 20 showed them and the witness, an exhibit which has been 21 previously marked People's Exhibit number 50. 22 Ms. Sciorra, do you recognize that? 23 A Yes, I do. 24 Q What is it? 25 A It's the script I used to audition for Cop Land. Page 1184 1 2 Q Is that the actual, original script that was given to you when you auditioned for Cop Land? 3 A Yes. 4 Q And does it have Miramax anywhere on it? 5 A No. 6 7 MS. ILLUZZI-ORBON: People's Exhibit number 50. 8 THE COURT: 9 MS. ROTUNNO: Any objection? No. 10 THE COURT: 11 Next question. 12 13 14 I offer it into evidence as Okay. 50 is received into evidence. BY MS. ILLUZZI-ORBON: Q Did there come a time when you did realize it was a Miramax film, Cop Land? 15 A Yes. 16 Q And did you, in fact, have any words with the 17 defendant about the fact that you were doing this movie? 18 A No. 19 Q Did you film the movie? 20 A Yes. 21 Q Okay. 22 A No. 23 Q Who were you opposite of in that movie? 24 A Peter Berg and Sylvester Stallone. 25 Q During the filming of that movie, did you see the And was your part the lead in that movie? Page 1185 1 defendant at all? 2 A I don't remember him being on set. 3 Q Did there come a point in time, then, when you went to 4 the Cannes Film Festival to promote the movie, Cop Land? 5 A Yes. 6 Q Directing your attention to 1997, do you recall being 7 in France and in Cannes to promote that movie? 8 A Yes, I do. 9 Q Again, Ms. Sciorra, is that part of your job as an 10 actress, to promote the movies that you are in? 11 A Yes, it's in the contracts usually. 12 Q I am going to show you a photograph, showing it to 13 defense first which is marked as People's Exhibit 31. 14 I ask that it be shown to the witness. 15 Ms. Sciorra, take a look at that and tell us if you 16 recognize that photograph? 17 A 18 Land. 19 Q 20 It's the red carpet going into the screening of Cop Okay. And is that you and Sylvester Stallone in that photo? 21 A Yes, it is. 22 Q And that is the Cannes Film Festival in 1997? 23 A Yes. 24 25 MS. ILLUZZI-ORBON: People's Exhibit number 31. I offer it into evidence as Page 1186 1 THE COURT: 2 MS. ROTUNNO: 3 THE COURT: 4 7 People's 31 is received into Next question. BY MS. ILLUZZI-ORBON: Q 8 9 No. evidence. 5 6 Any objection? I would like to show it to the jury. Is that the red carpet that you just previously described to us? 10 A Yes. 11 Q When you in Cannes, did Miramax put you up in a hotel? 12 A Yes. 13 Q And can you tell the jury what happened when you were 14 15 moved into your hotel upon arrival for the film festival? A When I got to the hotel there was someone from Miramax 16 to greet me. I checked in and she brought me -- walked me to 17 the room and told me that I was in the room right next door to 18 Harvey. 19 Q Do you remember who that assistant was? 20 A I do not. 21 Q How did you feel about that? 22 A Not happy. 23 Q Did you check into the hotel nevertheless? 24 A I was already checked in. 25 Q Did there come a point in time when you saw Harvey Page 1187 1 Weinstein in your hotel? 2 A Yes. 3 Q Could you tell the jury what happened at that time? 4 A I opened the door very early one morning about 5:00 6 Q Why did you open the door? 7 A Because when you are in Cannes promoting something you 5 a.m. 8 also -- you have to do a lot of press and there is sometimes 9 very early calls. And when I opened the door, the defendant 10 was in his underwear with a bottle of baby oil in one hand and 11 a videotape in the other. 12 Q What did you do upon seeing this? 13 A Well, I got very scared. Once again, I was in my 14 night clothes. I um, couldn't get past him. I backed up into 15 the room and I pressed all the call buttons that were on -- 16 Q What do you mean, call buttons? 17 A It was a fancy hotel, so like room service, valet 18 service and something else, concierge. 19 Q Is that on the phone in the hotel? 20 A Yes. 21 Q And -- 22 A And people came and he left. 23 Q Did he leave before the people came? 24 A I don't recall exactly. 25 Q Did you say anything to him, if you recall? Page 1188 1 A I don't recall. 2 Q Since then, Ms. Sciorra -- we can take the photo down. 3 4 Since that time in 1997 in Cannes, have you ever been alone with Harvey Weinstein? 5 A No. 6 Q Have you seen him at some events? 7 A I only remember seeing him once. 8 Q At that time, do you remember anything specific about 9 10 what happened at that moment? A Yes, I was at a event. I don't recall what it was and 11 suddenly I felt a hand on my back. I was wearing a low cut 12 back dress and I -- as I turned around I realized it was the 13 defendant and he immediately took his hand off of me and went 14 away. 15 Q Now, since the Cannes incident in 1997 and 2017, have 16 you spoken a great deal about what happened to you in any 17 detail or to anyone that you can really recall? 18 MS. ROTUNNO: 19 THE COURT: 20 THE WITNESS: 21 question? 22 Q Objection. Just a yes or no is permissible. I am sorry. Can you repeat the From the time of the incident in Cannes in '97 to the 23 very beginning of 2017, were you talking a lot about what 24 happened with the defendant? 25 A I talked about him and things that happened, yes. Page 1189 1 MS. ROTUNNO: 2 THE COURT: 3 4 Q Objection. Overruled. The answer stands. Did you have any other interactions with the defendant that you can recall? 5 A No. 6 Q I am going to fast forward you now to March of 2017. 7 8 Do you recall, approximately, that time, two and a half years ago? 9 A Yes. 10 Q Did there come a time -- I am just going to ask you to 11 answer yes or no to these questions if you could, okay? 12 A Yes. 13 Q Did there come a time when a journalist called you and 14 asked you if something had happened between you and Harvey 15 Weinstein? 16 A Yes. 17 MS. ROTUNNO: 18 THE COURT: 19 Q Objection. Overruled. And then, again, at the time, in March of 2017, when 20 this journalist called you and asked you if something bad 21 happened between you and Harvey Weinstein -- 22 MS. ROTUNNO: 23 THE COURT: 24 25 Q Objection. Sustained. -- what did you -MS. ROTUNNO: Sustained. Page 1190 1 THE COURT: Sustained. 2 Q -- did you tell them what happened? 3 A No. 4 5 6 THE COURT: Q Sustained. In March of 2017, did you tell a journalist what happened between you and Harvey Weinstein? 7 MS. ROTUNNO: 8 THE COURT: 9 MS. ILLUZZI-ORBON: Objection. Sustained. 10 THE COURT: 11 MS. ILLUZZI-ORBON: 12 I would ask to approach. Okay. Thank you. (Discussion held at the bench, off the 13 record.) 14 (The discussion off the record concluded, 15 and the following occurred in open court:) 16 THE COURT: 17 Good. Jurors, how are you doing? Anybody need a break, raise your hand or 18 let one of the court officers see you and they will tell 19 me. 20 Please resume your questioning. 21 MS. ILLUZZI-ORBON: 22 23 Thank you. BY MS. ILLUZZI-ORBON: Q So in March of 2017, taking you back to that, a 24 journalist called you and was asking you if something had 25 happened to you from Harvey Weinstein, is that correct? Page 1191 1 MS. ROTUNNO: Judge, this was the same objection. 2 THE WITNESS: Yes. 3 Q Is that correct? 4 A Yes. 5 6 THE COURT: Q THE COURT: Q 9 happened? MS. ROTUNNO: 11 THE COURT: 12 THE WITNESS: 14 Q Well, sustained as to that. Well, did you tell a journalist at that time what had 10 13 Overruled. What did you tell them in March of 2017? 7 8 Okay. Okay. Objection. Overruled. No. Now, in August of 2017, did you receive a communication from a friend named Yul Vasquez? 15 A Yes. 16 Q Who is Yul? 17 A Yul is an actor and a friend. 18 with. 19 Q Do you recall what that communication was? 20 A Yes. 21 Q And what was it? 22 MS. ROTUNNO: 23 THE COURT: 24 25 Somebody I have worked Objection. Sustained. You can ask in a brief micro-leading fashion. MS. ILLUZZI-ORBON: You want me to do Page 1192 1 micro-leading? 2 3 4 5 THE COURT: I do. BY MS. ILLUZZI-ORBON: Q So did Yul Vasquez contact you on social media to ask you a question? 6 A Yes. 7 Q And what social media did he contact you on? 8 A Instagram. 9 Q Had you spoken to Yul in the weeks or the months 10 before this? 11 A No. 12 Q Did Yul ask you at that time for your cell phone 13 number? 14 A Yes. 15 Q So he didn't have it? 16 A Apparently, not. 17 Q And did you give him your cell phone number? 18 A Yes. 19 Q After you gave him your cell phone number, did he tell 20 you who wanted it? 21 MS. ROTUNNO: 22 THE COURT: 23 THE WITNESS: 24 25 Q Objection. Overruled. Yes. And so, after you gave him your cell phone number, did he tell you, cool Harvey Weinstein wanted it? Page 1193 1 A I am sorry. 2 Q Did he say, cool Harvey Weinstein wanted it? 3 4 Could you repeat that? I can show you People's Exhibit number 33 for identification. 5 A Yes. 6 Q Take a second to look at that. 7 MS. ROTUNNO: 8 MS. ILLUZZI-ORBON: 9 Can I see what she is looking at? then you can have it back. 10 COURT OFFICER: 11 MS. ILLUZZI-ORBON: 12 13 This goes back to the witness? Yes. Thank you. BY MS. ILLUZZI-ORBON: Q 14 15 Let me show it to them and I am just going to ask you some questions about that. Did Yul then tell you that Harvey Weinstein wanted your cell phone number? 16 A Excuse me. 17 Q Did Yul then tell you in this communication that 18 Harvey Weinstein wanted your cell phone number? 19 A Yes. 20 Q And did you say, owe, that's interesting? 21 A Yes. 22 Q What were you thinking at that time? 23 MS. ROTUNNO: 24 THE COURT: 25 Q Objection. Sustained. Were you worried about this? Page 1194 1 MS. ROTUNNO: 2 THE COURT: 3 THE WITNESS: Objection. Overruled. Yes. 4 Q And so, did you try to get more information from Yul? 5 A I did. 6 Q And at some point did you feign saying, oh, yeah, 7 okay, maybe he has work for me? 8 A Yes. 9 Q Why did you do that? 10 A Because of -- I wanted to know why the defendant 11 12 13 wanted my phone number at this point. Q And this was, of course, after you had already given Yul your phone number? 14 A Yes. 15 Q All right. 16 I will take that back. Yul contacted you on August 8, 2017, is that correct? 17 A Yes. 18 Q On August 14th of 2017, Ms. Sciorra, did you get 19 contacted by a man named, Seth? 20 A Yes. 21 Q And did he tell you who he was? 22 MS. ROTUNNO: 23 THE COURT: Objection. Overruled. 24 Q That means you can answer? 25 A He said he was a journalist working on a piece about Page 1195 1 2 3 how the film industry had changed since the 90s. Q Okay. How did you receive that first communication from Seth, do you recall? 4 A He called me. 5 Q On what? 6 A My cell phone. 7 Q Okay. 8 9 10 And when you received that call from Seth, what was your response to his request for information from you? A It was obvious to me that he was working for the defendant. 11 MS. ROTUNNO: 12 THE COURT: Objection. Overruled. 13 Q Why was that obvious? 14 A Because by that date I had been reached by three 15 other -- 16 MS. ROTUNNO: 17 THE COURT: 18 THE WITNESS: Objection. Overruled. Because by that date I had been 19 reached by three other journalists and I knew the story was 20 coming out and people were trying to find out information. 21 MS. ROTUNNO: 22 THE COURT: Objection. Overruled. 23 Q Did you give Seth that interview he has been wanting? 24 A No. 25 Q Did you ever meet with him? Page 1196 1 A Never. 2 Q Ms. Sciorra, in October of 2017, did you speak to 3 another journalist? 4 A Yes. 5 Q Was it the same journalist that you had spoken to in 6 March of 2017? 7 A Yes. 8 Q This time did you tell that journalist what had 9 happened? 10 A Yes. 11 Q With the defendant? 12 A Yes. 13 Q Why didn't you tell him the first time? 14 A I was afraid. 15 THE WITNESS: 16 THE COURT: May I answer that again? Yes. Supplemental answer. 17 Q You have a supplemental answer? 18 A I was afraid for my life. 19 Q Go ahead. 20 A I was afraid for my life. 21 22 MS. ILLUZZI-ORBON: Q One moment, Judge. Ms. Sciorra, Michael Vaughn, the producer that was on 23 that London shoot of The Innocent Sleep, do you know if he 24 lives in the United States or not? 25 A I don't know. Matthew Vaughn. Page 1197 1 MS. ILLUZZI-ORBON: 2 Thank you, judge. 3 THE COURT: 4 Anybody need a break? 5 Sure, we will take a brief recess. 6 Why don't you remain there for a moment. 7 Jurors, please remain mindful of all of my prior At this moment that's it. And jurors, everybody okay? 8 admonitions and instructions during this or any other 9 recess. 10 Keep an open mind. Do not form an opinion as to 11 the guilt or innocence of the defendant. 12 this case among yourselves or with anyone else or allow 13 anyone to discuss it in your presence and refrain from any 14 and all research or communication, electronic or otherwise 15 about anything to do with the case. 16 17 Do not discuss You can follow the court officers. (Whereupon, the jury exited the courtroom 18 and the following occurred.) 19 THE COURT: Okay and, Ms. Sciorra, you can step 20 down and the sergeant will bring you to the witness room 21 during the break. 22 SERGEANT: 23 (Witness is excused.) 24 THE COURT: 25 both left the room. Just watch your step. Okay. The jury and the witness have The doors are both closed. Page 1198 1 The defense, you wanted to make a record? 2 MS. ROTUNNO: Yes, Judge, we wanted to make a 3 record regarding the hearsay testimony that was elicited by 4 the People with regard to Ms. Sciorra's testimony with 5 regard to the phone calls that she received from different 6 media outlets and her answers to such. 7 THE COURT: 8 MS. ILLUZZI-ORBON: 9 Okay. People. Your Honor, that is very much going to be part of this case. As you know that it wasn't 10 only Ms. Sciorra responding to that media attention but it 11 was the defendant, Harvey Weinstein. 12 And some of his reactions to that media attention 13 are admissions and statements that you, Your Honor, has 14 allowed us to put into evidence. 15 And so, the chronology of events and what Ms. 16 Sciorra said to whom and when is relevant to the evidence 17 in this matter. 18 THE COURT: Okay. If anybody needs to go to the 19 bathroom, attorneys, go right now and we will start up in 20 just a couple of seconds. 21 22 23 24 25 (Short recess is taken.) Page 1199 1 ( Time now is 11:40 a.m) . 2 THE COURT: 3 All right, come to order, let's get the witness back on the stand. 4 COURT OFFICER: 5 THE COURT: Witness entering. Welcome back. Once the jury gets here 6 I'm just going to say to you I remind you that you are 7 still under oath. Jury entering. 8 ( Jury enters courtroom). 9 THE CLERK: 10 Case on trial continues. All parties stipulate the jury is present and properly seated? 11 THE COURT: People? 12 THE CLERK: 13 MS. ILLUZZI: Yes. 14 MS. ROTUNNO: Yes. 15 THE COURT: Jury present and properly seated? Welcome back. Once you get settled 16 in, I'll ask Ms. Rotunno to begin her cross examination. 17 And Ms. Sciorra, I remind you that you are still under 18 oath, please inquire. 19 MS. ROTUNNO: 20 CROSS EXAMINATION 21 BY MS. ROTUNNO: 22 23 Q Thank you. Ms. Sciorra, isn't it correct that you told your friend Paul Feldscher that you had awkward sex with Harvey Weinstein? 24 A No. 25 Q How long have you known Paul Feldscher? Page 1200 1 A Since he got fired from ICM as an agent. 2 Q How long ago was that? 3 A I would say maybe '89 or so, 90. 4 Q You spent time with Paul Feldscher? 5 A Yes. 6 Q Considerable time, would that be fair to say? 7 A In the old days, yeah. 8 Q You consider Paul Feldscher a friend, would that be 9 fair to say too? 10 A No. 11 Q When is the last time you saw or spoke to Mr. 12 Feldscher? 13 A Maybe 10 years ago. 14 Q And let's talk about meeting Harvey Weinstein. At the 15 time you meet Harvey Weinstein, you are already a successful 16 actress, is that correct? 17 A Yes. 18 Q Would it be fair to say that Harvey Weinstein knew you 19 and you didn't know him? 20 A Possibly. 21 Q And your agent though, knew that Harvey was or could be 22 important in the film industry, is that fair to say? 23 A Possibly. 24 Q Because your agent was supposed to drive you home the 25 night you met Harvey Weinstein; is that right? Page 1201 1 A Yes. 2 Q Now, Ms. Sciorra, you say that happened sometime in 3 about 1991, is that correct? 4 A I believe so. 5 Q And I think you said 90, 91, you are not really sure, 6 is that fair? 7 A Yes. 8 Q You were at a party in the Hollywood Hills at a private 9 home when you met Mr. Weinstein, is that right? 10 A Yes. 11 Q Do you remember whose party that was? 12 A I don't know the name of the person, it was a friend of 13 my agent. 14 Q 15 time? 16 A Yes. 17 Q How long have you been working with Carla Hacken at the How long had you been working with your agent at the Her name, if I'm correct, was Carla Hacken? 18 time you were introduced to Harvey Weinstein in the Hollywood 19 Hills? 20 A Not that long. 21 Q Is this the agent that you spoke of when Ms. Illuzzi 22 was asking you questions in regard to who you were able to 23 finally hire after you had done a couple of movies? 24 A No, I had a different agent. 25 Q So, that first agent then from your timeline, could not Page 1202 1 have lasted very long, would that be fair? 2 A Yes, I left them to sign with ICM. 3 Q What was that first agent's name? 4 A Tim Angle. 5 Q You had been working with Carla for a short period and 6 Carla knew you already made successful movies, correct? 7 MS. ILLUZZI: 8 THE COURT: 9 Q Objection I don't think-I'll allow it. I'll rephrase it so it makes more sense. When you 10 hired Carla Hacken and Carla Hacken wanted to work with you, you 11 already started making successful movies, is that fair to say? 12 13 A I had, the offer came in for Jungle Fever when I was at triad. 14 Q Pre Carla? 15 A Yes. 16 Q Jungle Fever, to be fair, made you a fairly well known 17 actress, correct? 18 A Yes. 19 Q In that movie, Jungle Fever, you play someone whose 20 father is very upset about who you are dating in the movie, is 21 that correct? 22 A Yes. 23 Q There is a scene in that movie where you come home and 24 25 your father is irate about what happened, correct? A Yes. Page 1203 1 Q And he is so upset and he beat you, correct? 2 MS. ILLUZZI: 3 THE COURT: 4 5 Q Objection, Judge. Sustained. Well Ms. Sciorra, in your movies, you are a professional actress, correct? 6 MS. ILLUZZI: 7 Objection, she's a professional actress? 8 THE COURT: Overruled. 9 Q You are a professional actress? 10 A Am I a professional. 11 Q Yes? 12 A Yes. 13 Q You testified you have been a professional actress 14 since 87, correct? 15 A Uh huh. 16 Q You are a trained actor, you went to school for the 17 arts, correct? 18 A Yes. 19 Q You have had many acting teachers and have gone to many 20 acting classes, correct? 21 A Yes. 22 Q As part of that job, Ms. Sciorra, you pretend to be 23 someone you aren't, would that be fair to say? 24 A No. 25 Q Well, you take on a role, correct, and when you play Page 1204 1 someone in a movie, that role is not you being Annabella 2 Sciorra, correct? 3 A It is part of me. 4 Q Well, you are playing a character, right, and that 5 character is written for you, correct, or you take on a 6 character -- 7 THE COURT: All right. So, Ms. Rotunno, I'm 8 going to leave it up to you to make certain that the 9 witness answers with a yes or no or something other than 10 that, and does it audibly. 11 For the witness, if you can make sure you say yes 12 or no and be very careful not to just sort of agree with 13 whomever is asking you questions with a uh huh, he cannot 14 take that down. 15 A Okay, uh huh. Yes I mean. 16 Q So, when you receive a script, whether it is a role 17 written for you or a role that has been written, you take on 18 that role, correct? 19 A Yes. 20 Q And you act and play whatever role that requires of you 21 for that part, correct? 22 A Yes. 23 Q And you convince an audience that you are whoever that 24 character in that role is? 25 MS. ILLUZZI: Objection Judge. Page 1205 1 Q Correct? 2 THE COURT: Overruled, you can answer that. 3 know, if you can answer it, answer it. 4 you can't? 5 A Can you ask the question again. 6 Q Sure. You If you cannot, say When you take on a role, you want the audience 7 to believe that you are playing or taking on that character and 8 you want to portray whomever that character is, correct? 9 A If I do my work well, yeah. 10 Q You have done very well, correct? 11 A Thank you. 12 Q You are welcome. In terms of your meeting Harvey 13 Weinstein, your agent told you it would be a good idea to take a 14 ride from Harvey Weinstein, correct? 15 A No. 16 Q Well, your agent was supposed to drive you home that 17 night, correct? 18 A Yes. 19 Q And when your agent was supposed to drive you home, 20 somehow that changed, right? 21 A Yes, because she didn't want to drive all the way out 22 to Malibu. 23 Q When you sat down with the State Attorney's Office in 24 January of 2019, specifically January 14th of 2019, isn't it 25 correct, Ms. Sciorra, that you said your agent was supposed to Page 1206 1 2 drive you home after the party but Mr. Weinstein offered? A Yes. 3 MS. ILLUZZI: 4 It is not inconsistent, so we object. 5 THE COURT: 6 MS. ILLUZZI: 7 THE COURT: Just please say objection. Objection, sorry, objection. Overruled. 8 Q And when you, this is now early 90's, right? 9 A What is early 90's? 10 Q When Mr. Weinstein offers to drive you home? 11 A Yes. 12 Q No Uber, right? 13 A No. 14 Q In California, it is fair to say the Hollywood Hills is 15 fairly far from, you testified here today, Malibu, correct? 16 A Yes. 17 Q That is a decent drive, fair to say? 18 A Yes. 19 Q When you went out to the car, Mr. Weinstein didn't get 20 behind the driver's seat, did he? 21 A No. 22 Q He had a driver? 23 A Yes. 24 Q That was before it was kind of customary for the people 25 to call a Uber and have a driver, fair to say? Page 1207 1 MS. ILLUZZI: 2 THE COURT: Objection. Overruled. 3 A I don't understand. 4 Q At the time he was not driving his own car in the early 5 90's, he had some sort of recognizable status to have a driver, 6 would that be fair to say? 7 MS. ILLUZZI: 8 THE COURT: 9 A 10 question. 11 Q Objection Judge. Overruled. I didn't know him, so I don't know the answer to that Well, at some point before you agreed to take a ride 12 home from someone you just met, you had to learn something about 13 him at that party, fair? 14 A Not much. 15 Q And so you got in a car with a stranger, correct? 16 A He knew my agent. 17 Q And was anyone else in the car other than the driver, 18 Mr. Weinstein, and you? 19 A No. 20 Q And in that car ride, what did you talk about? 21 A I don't recall. 22 Q You said on direct examination that you went back to 23 Malibu. Where in Malibu were you staying? 24 A At a hotel, I don't recall the name of it. 25 Q There are not many hotels in Malibu, is that fair? Page 1208 1 A I would not know. 2 Q And is it possible that you were staying in Santa 3 Monica? 4 5 6 7 A me. Yes, I'm sorry, Santa Monica, it is all the same to I don't know L. A that well. Q So, Santa Monica is sort of on that beautiful highway that goes into Malibu, correct? 8 A Yes. 9 Q So you were actually in Santa Monica? 10 A Yes. 11 Q You stated that you don't remember what you talked 12 13 about in the car, correct? A We talked about, the only thing I recall which I said 14 before, is that he gave me his card and he was starting to look 15 for movies that he could produce himself. 16 17 Q And did you talk at all about your personal lives or your families? 18 A No, not that I recall. 19 Q Well, you were married at the time, correct? 20 A What year was it? 21 Q Ms. Sciorra, it is your story, so you said it was 1990 22 or 91? 23 A So yes, I was still married. 24 Q And your husband did not travel with you to California? 25 A No. Page 1209 1 Q Mr. Weinstein was married, is that correct? 2 A Yes. 3 Q And Mr. Weinstein gave you his card and said call me if 4 any projects come up, correct, or script I may like? 5 A Correct. 6 Q From the time you got out of that car to the time you 7 looked at the number on the card he gave you and called with the 8 script, did you have any other contact with Harvey Weinstein or 9 anyone who worked with him? 10 A I don't recall. 11 Q So, you don't know if you had any social interaction 12 with Mr. Weinstein between the time of this initial meeting and 13 calling about a script? 14 A What kind of social interaction? 15 Q Any kind, whether it be a work party, whether a dinner, 16 whether it be cocktails or seeing him somewhere, any kind. 17 Did you see him at all from the time he dropped you off 18 at the hotel in Santa Monica to the time you called him about a 19 script? 20 21 A There might have been a party I was invited to or an event. 22 Q And Mr. Weinstein didn't reach out to you, fair to say? 23 A No. 24 Q You reached out to him about the script? 25 A Yes. Page 1210 1 Q And how long of a period of time between you reaching 2 out about the script to the time that you actually met with him 3 and started doing the reading for The Night We Never Met? 4 A Maybe six months. 5 Q Are you guessing? 6 A I would say about six months. 7 Q And as an actress, Ms. Sciorra, your schedule is very 8 much centered around your shooting or promotion schedule, would 9 that be fair to say, promoting movies, shooting a movie, would 10 that be fair? 11 A Then or now? 12 Q Then? 13 A Yes, but I also have family. 14 Q Well sure, you were doing back to back projects, 15 correct, you stated yourself you were doing projects, you were 16 tired? 17 A I was working, yeah. 18 Q Back in 1990, 91, 92 we didn't have smart phones, 19 right? 20 A No. 21 Q How did you keep your calendar so you made sure you 22 23 24 25 went to every event that you needed to go to? A I just, it was not that much, I was beginning my career. Q Well, at this point you had already done True Love, Page 1211 1 correct? 2 A Yes. 3 Q You had already done Jungle Fever, correct? 4 A Yes. 5 Q And you had started doing or about to do at the time 6 that you -- you have already done, by the time you took The 7 Night We Never Met script to Harvey, you have already done the 8 Hand That Rocks The Cradle, correct? 9 A Yes. 10 Q So those were three big movies, correct? 11 A Uh huh, yes. 12 Q As part of those three big movies, you have press 13 obligations, right? 14 15 16 A it. True Love was a very small film, and I did no press for I didn't have a PR agent, I was just starting. Q Well, if you are going to take on a major role in a 17 Spike Lee film, my guess is at some point you did some press or 18 some media in regard -- 19 A I did a little press, yeah. 20 Q And The Hand That Rocks The Cradle as well, correct? 21 A I did very little press. 22 Q So, you testified on direct that you were busy and 23 exhausted at the time that you brought Harvey this project, 24 correct? 25 A I brought it to him before I started the summer movies Page 1212 1 I was in. 2 Q 3 So, do you remember month, year, that you brought the script for The Night We Never Met to Harvey Weinstein? 4 A No. 5 Q And you organized a reading of that script, would that 6 be fair to say? 7 A The Naked Angels theater company organized the reading. 8 Q You showed up and did the reading, correct? 9 A Yes. 10 Q Was it right at the moment you did the reading for 11 Harvey and you said Meryl Poster? 12 A And a lot every other people, yes. 13 Q Around 30 people you said were there? 14 A Yes. 15 Q Was Warren Leight there? 16 A Yes. 17 Q And you did the reading, was it immediately Mr. 18 Weinstein said I want you to be in this movie, or did it happen 19 after that? 20 A I believe it was after. 21 Q Do you know how long after? 22 A No. 23 Q Do you know how long it was in between the time you 24 read for The Night We Never Met and you started the filming of 25 Romeo is Bleeding or Mr. Wonderful? Page 1213 1 A I would say five, six months, I don't know for sure. 2 Q And you declined at first to do The Night We Never Met 3 because you had just done Mr. Wonderful and Romeo Is Bleeding; 4 is that right? 5 A And because it was written for a different actress. 6 Q Well, I think you know Hollywood and the way the film 7 industry works. 8 9 When you start to get really hot, you get called for more and more and more roles, would that be fair to say? 10 A Hopefully. 11 Q And usually you know, actors know that fame can be 12 fleeting, correct? 13 A No. 14 Q Well, I think you want to try to do as many projects as 15 you can while you are sort of at the top of your game, would 16 that be a fair assessment? 17 A Not for me. 18 Q So, you said you didn't want to do The Night We Never 19 Met, correct? 20 A Right. 21 Q You were upset that Harvey Weinstein only wanted to do 22 it if you were involved, right? 23 A Yes. 24 Q And you were upset about that because you wanted this 25 movie made for your friend? Page 1214 1 MS. ILLUZZI: 2 THE COURT: 3 question you may answer it. 4 5 6 A Objection. Overruled, if you understand the No, I didn't feel like the material resinated with me, that it was right for me. Q Okay. But you made the decision to do it because you 7 said you felt bad and you wanted it to be made for your friend, 8 Warren Leight? 9 A Warren Leight. 10 Q Correct? 11 A Yes. 12 Q And you didn't testify to it on direct examination, but 13 you said in the past that Mr. Weinstein threatened to sue you if 14 you wouldn't do The Night We Never Met, correct? 15 A Yes. 16 Q Well, Ms. Sciorra, did you have a contract to do The 17 Night We Never Met? 18 A Eventually, yes. 19 Q Well, at the time you signed that contract, you signed 20 that contract because you decided to do the project for whatever 21 reason, you decided to do the project? 22 A Yes. 23 Q Did you want to pull out of that deal after you signed 24 25 that contract? A No, I wanted to delay it. Page 1215 1 2 Q was not permissible, correct? 3 4 And I'm sure the contract talked about the fact that A I don't recall. I just got the message from my agent that he was going to sue me. 5 Q So Harvey didn't threaten to sue you directly, correct? 6 A No. 7 Q So, you don't know if that message came from lawyers 8 that work for Harvey or from Harvey himself, correct? 9 A Yes. 10 Q So, at this point you are upset that you have to do 11 something you don't want to do in a time frame that you don't 12 want to do it? 13 A I was not feeling well. 14 Q And did you ever tell Harvey how you were feeling 15 physically? 16 A Yes. 17 Q And when did you have that conversation with him? 18 A While I was still shooting Romeo Is Bleeding. 19 Q And do you remember what month and year that was? 20 A That would have been July or August. 21 Q And when did the shooting start for The Night We Never 23 A September or October. 24 Q And you said during that time, you received a bottle of 22 25 Met? Valium via messenger, old movies, popcorn, and licorice, Page 1216 1 correct? 2 A 3 I don't know if it was a messenger, it was a plastic bag left with my doorman with a note from Harvey. 4 Q What did the note say? 5 A I don't recall. 6 Q Was it a card in an envelope, a piece of paper, was it 7 typed, handwritten, what do you remember about the letter? 8 A Here's to help you relax. 9 Q Was it signed? 10 A Yes. 11 Q Did it say Harvey, HW, what did it say? 12 A It said Harvey. 13 Q And what was the bottle or how did the Valium come 14 packaged? 15 A It was in a medicine bottle. 16 Q Did it have a name on it? 17 A No. 18 Q Was there a label on it? 19 A No. 20 Q And did Harvey Weinstein come to your apartment on 21 Central Park West and put the Valium in your mouth? 22 MS. ILLUZZI: 23 THE COURT: Objection. Overruled. 24 A No. 25 Q Harvey Weinstein never handed you a pill with a glass Page 1217 1 2 of water and said take this or I'm going to fire you, did he? A No. 3 MS. ILLUZZI: 4 THE COURT: 5 6 Q Objection. Overruled. In the comfort of your home on Central Park West, you made a decision to take Valium, correct? 7 A Unfortunately yes. 8 Q And you said that that prescription kept getting 9 refilled, but you don't remember how? 10 A Yes. 11 Q Did you have a doctor at the time? 12 A Only the movie doctor. 13 Q And did you ever ask the doctor to refill a 14 prescription for you? 15 A I may have. 16 Q Did you ever go to a Walgreens or CVS or local pharmacy 17 and pick up your own prescription for Valium? 18 A There was a pharmacy in my building. 19 Q You would get it there, correct? 20 A I don't recall. 21 Q Lets talk about the building and where you were living. 22 You were living at Central Park West during the shooting of 23 Romeo Is Bleeding, The Night We Never Met and Mr. Wonderful; is 24 that right? 25 A Yes. Page 1218 1 Q And how long had you lived at 25 Central Park West? 2 A Perhaps a year. 3 Q And that lease was actually longer than a year, 4 correct? 5 A I don't recall. 6 Q Was that lease from June of 1992 until February of 7 1994? 8 A I don't recall. 9 Q Well, that building probably has a little more 10 significance to you than maybe some others, because the landlord 11 of that building sued you, correct? 12 MS. ILLUZZI: 13 THE COURT: Objection Judge. Overruled. 14 A No. 15 Q So, you didn't get sued for damage done to 25 Central 16 Park West? 17 A Not by the owner of the building, by the landlord. 18 Q Correct, the landlord. 19 And the landlord sued you, right? 20 A Yes. 21 Q The landlord sued you for 360 thousand dollars worth of 22 damage to that apartment. Is that the apartment you were 23 painting with red paint and gold -- 24 A No. 25 Q And that apartment, the damage done to that apartment Page 1219 1 consisted of major damage, would that be fair to say? 2 A No. 3 Q Were there cigarette burns all over the carpet in the 4 house? 5 A No. 6 Q So, what was the 360 thousand dollar damages for, Ms. 7 Sciorra? 8 A 9 10 11 The landlord had a kind of business suing people that he put in the apartment. Q Let me ask you this, that lease lasted longer than the date you claimed to move to 60 Gramacy? 12 A Uh huh, yes. 13 Q Lets try to go through this so we understand. 14 you are very unsure about dates and times and details. 15 MS. ILLUZZI: 16 THE COURT: 17 18 We know Q Objection to the commentary, Judge. Sustained. Lets talk about dates. Where did you live when you married your husband on New Years Eve of 1989? 19 A On East 58th Street. 20 Q Was that 347 East 58th Street apartment five R New 21 York? 22 A Correct. 23 Q How long did you live at that location? 24 A About four years. 25 Q And that lease didn't start though until 1991, is that Page 1220 1 correct? 2 A Which lease? 3 Q The lease 347 East 58th Street? 4 A I don't know about the lease, I know when I lived 5 there. 6 Q And did you ever have a lease at 60 Gramacy? 7 A I remember signing a lease. 8 Q And did you ever produce that lease to anyone? 9 A When? 10 Q During the pendency of this case, did you ever produce 11 a lease showing you actually lived at that location? 12 A No. 13 Q Who did you rent that apartment from at the 60 Gramacy? 14 A A woman who was recently splitting up with her husband 15 16 17 or something. Q And how long, let me ask you this, when did that lease start? 18 A I don't recall. 19 Q Well, did it start before the end of the lease at 25 20 Central Park West? 21 A Yes. 22 Q I would think that the Central Park West apartment 23 given the lawsuit, would have more significance, or at least 24 your ability to remember more given the lawsuit, would that be 25 fair? Page 1221 1 2 MS. ILLUZZI: Q Objection. About how long you lived there -- 3 THE COURT: Sustained as to the form. 4 Q 5 lived in? 6 A No. 7 Q So, the only lawsuit you have encountered is from the 8 Have you ever been sued at any other residence that you 25 Central Park West address? 9 A I cannot hear. 10 Q The only address that you have been sued from is 25 11 Central Park West, correct? 12 A Yes. 13 Q When you first talked about the apartment you moved 14 into at some point I guess in 1993, you stated that that 15 apartment was at 19th and Gramacy, is that correct? 16 A Yes, but. 17 Q Sorry? 18 A Can you repeat the question, I'm sorry, it is hard to 19 20 hear everything you are saying. Q When you first sat down with the State attorneys or 21 District Attorney's, when you first sat down with the District 22 Attorney's on January 14th of 2019, you stated that you moved 23 into a new apartment at 19th Street and Gramacy, correct? 24 25 A I don't know what I said, but those are the same streets Gramacy Park North and 19th Street are the same street. Page 1222 1 Q And the photographs that we saw here today in your 2 testimony said it was 21st to 22nd, correct, and Gramacy; is 3 that right? 4 A Yes. 5 Q You weren't even really sure of the address at 60 6 Gramacy, would that be fair to say? 7 A Yes, I blocked most of that part of my life out. 8 Q And when you sat down and talked about moving into that 9 10 building, you weren't sure of exactly the date or time you moved in, correct? 11 A Correct. 12 Q And you still had a lease on Central Park West, right? 13 A I'm not sure. 14 Q The only reason I'm trying to really pinpoint this is 15 because clearly time here matters, okay, that is why -- 16 MS. ILLUZZI: 17 THE COURT: 18 Q Objection Judge, again. Sustained. You have no idea the month or potentially the year that 19 you say you went out to dinner with a group of people at an 20 Irish restaurant, correct? 21 A Can you repeat that. 22 Q Sure. 23 A No, not correct. 24 Q Well, you think it is sometime between the fall into 25 You don't know the month or the year, correct? winter months of 1993 into winter months of 1994? Page 1223 1 A Right, that would be 93, 94. 2 Q But that is a span of four, five, six, seven months, 3 4 5 6 I'm asking you about a year and a month? A 93, 94 in the winter months; November, December, January, February. Q So, when you went to this dinner with people from 7 Miramax, you had already had an experience with Mr. Weinstein 8 where he threatened to sue you, correct? 9 A Yes. 10 Q Where he provided you with Valium? 11 A Yes. 12 Q He got you addicted to Valium in your words? 13 A Yes. 14 Q And yet, in these winter months of 1993 into 1994 you 15 say sure, I'll go out to dinner with you, correct? 16 A There were other people there. 17 Q But you went? 18 A Yes. 19 Q And prior to that dinner, there was an event, right? 20 A Yes. 21 Q And you don't remember what the event was? 22 A I don't. 23 Q And you don't remember what it was for? 24 A Nope. 25 Q And what you remember about that dinner is that Mr. Page 1224 1 Weinstein was there, right? 2 A Yes. 3 Q Uma Thurman was there? 4 A Yes. 5 Q And some other people? 6 A Yes. 7 Q Do you remember if they were actors? 8 A I don't think there were other actors. 9 Q Were they Miramax people, executives, directors? 10 A Sorry. 11 Q Directors, executives, who else was there? 12 A I think they were largely Miramax people. 13 Q And were any of Mr. Weinstein's personal friends there? 14 A Not that I remember. 15 Q Do you ever remember being out with friends of his who 16 were judges at the time? 17 A No. 18 Q And, when you are sitting at that dinner, you didn't 19 testify to this today, but on a previous occasion you said you 20 wanted to leave early, correct? 21 A People were still enjoying themselves, I needed to go 22 home. 23 Q And do you remember what time the event started? 24 A Before the dinner? 25 Q Yes? Page 1225 1 A No. 2 Q So, you testified that you were already home by 10 p.m; 3 is that right? 4 A Yes. 5 Q That you remember? 6 A Yes. 7 Q And you wanted to leave early, how did you get to the 8 event that day? 9 A I don't recall. 10 Q Do you recall if the event was in the same place as the 11 dinner or if the event was at one location then you moved to go 12 to dinner? 13 A It was in a separate location. 14 Q Do you remember how you got from the event to the 15 dinner? 16 A I don't. 17 Q How did the conversation happen when you decided that 18 you wanted to leave early and Harvey offers to drop you off? 19 A I got up, got my things and said I got to go. 20 Q And what happened? 21 A Harvey said I'll drop you off. 22 Q And do you know if he just left everyone else at the 23 table, do you know who made arrangements to pay, do you remember 24 anything about what happened? 25 A Everybody stayed at the table. Page 1226 1 Q And where was the car that took you home? 2 A Outside the restaurant. 3 Q And there was a driver in the car, correct? 4 A Yes. 5 Q And you said that you agreed to be dropped off because 6 you had been dropped off before without incident; is that right? 7 A Yes. 8 Q And so, at the time that you are sitting at this dinner 9 or the time you agree to take the ride home, did you and Harvey 10 make up from your being upset about being threatened to be sued, 11 about you being upset about the Valium, had you repaired that 12 relationship? 13 A Yes. 14 MS. ILLUZZI: 15 THE COURT: Objection. Overruled. 16 A Yes. 17 Q And had you discussed it with him? 18 A No. 19 Q So you just decided everything was fine? 20 A I'm always proud of the work I do, so I was proud of 21 that movie. 22 Q And you get dropped off at home, right, at 60 Gramacy? 23 A Right. 24 Q And Harvey Weinstein had never been at that location to 25 see you at 60 Gramacy, right? Page 1227 1 A Correct. 2 Q And he didn't come upstairs with you when you went 3 home? 4 A No. 5 Q You got out of the car, did you see the car drive away? 6 A I don't, I didn't look behind me to check. 7 Q And other than getting in the car and giving the driver 8 the location to drop you off, you had no conversation with Mr. 9 Weinstein about where you were residing, correct? 10 A I don't understand your question. 11 Q You didn't tell Mr. Weinstein this is my address, this 12 is where I live? 13 A Well yeah, that is how I got there. 14 Q To the driver, you got in the car and said this is 15 where I'm going? 16 A No, Harvey asked me where are you going. 17 Q When you gave the address, you said 60 Gramacy, right? 18 A Right. 19 Q You didn't say 60 Gramacy apartment 17 L M, right? 20 A No. 21 Q So, you go home and you say you get ready for bed, 22 correct? 23 A Correct. 24 Q By your own admission, you had been drinking a lot, 25 correct? Page 1228 1 2 MS. ILLUZZI: A Objection. No. 3 THE COURT: Overruled. 4 A No. 5 Q Let me ask you this, when you came to the set of The 6 Night We Never Met, did you show up multiple times intoxicated? 7 A No. 8 Q Did Warren Leight ever have conversations with you 9 about the fact that you showed up to the set intoxicated? 10 A I was on Valium. 11 Q Did he have conversations with you about the fact you 12 were intoxicated? 13 A No. 14 Q Did he mention anything about Valium? 15 A Excuse me. 16 Q Did he mention anything to you about Valium? 17 A Warren Leight? 18 Q Yes. 19 A No. 20 Q So, Warren Leight never said anything to you about the 21 way you appeared at the set of The Night We Never Met? 22 A He might have, I don't recall that. 23 Q So, you don't remember if you had anything more than a 24 25 drink at the event before dinner, right? A At the event before dinner? Page 1229 1 Q Correct? 2 A I don't remember. 3 Q And you don't remember how much you had to drink at 4 dinner, right? 5 A I might have had at the maximum a glass of wine. 6 Q Do you remember what anybody else was drinking at the 7 dinner? 8 A Nope. 9 Q You go home and you get ready for bed, right? 10 A Yes. 11 Q And sometime later, how long after, you hear a knock at 12 the door, how long would you say? 13 A 20 minutes, half an hour. 14 Q And this is in your words a fancy or nice building, 15 correct? 16 A Yes. 17 Q And there is doormen that work in this building, 18 correct? 19 A Correct. 20 Q And you came home that night, right? 21 A Yes. 22 Q And it is 24 hour doormen, correct? 23 A Yes, uh huh. 24 Q It is your testimony that you received no notification 25 or phone call from the doorman that anybody was there? Page 1230 1 A Correct. 2 Q Now, Ms. Sciorra, this is approximately, given your 3 timeline, 27 years ago, correct? 4 A Correct. 5 Q And I think you would agree with me, that in a 27 year 6 span, it would be difficult to find the doorman that may have 7 been working during the period of time you give us, correct? 8 MS. ILLUZZI: 9 THE COURT: 10 Q MS. ILLUZZI: 12 THE COURT: A Sustained. And that building had cameras, correct? 11 13 Objection. Objection. Overruled. I don't know. 14 THE COURT: Do you know the answer to that? 15 A I don't know. 16 Q After this attack, and we will go back to it in a 17 minute. 18 After this alleged attack happened, did you ever ask 19 the doormen if they had any footage of Harvey Weinstein entering 20 the building? 21 MS. ILLUZZI: 22 THE COURT: 23 24 25 Q Objection Judge. Sustained. Did you ever call the doorman and say why did you let someone up? MS. ILLUZZI: Objection. Page 1231 1 THE COURT: Overruled. 2 A No. 3 Q Did you ever make a complaint to the condo or building 4 board saying this shouldn't happen, we should not let people 5 upstairs? 6 MS. ILLUZZI: 7 THE COURT: Objection. Overruled. 8 A No, I was devastated. 9 Q I'm sure you were, Ms. Sciorra. 10 questions that require specific answers. 11 MS. ILLUZZI: 12 THE COURT: 13 Q I'm asking specific Objection to the commentary. Overruled. And did you go downstairs and say to the doorman did 14 anybody sign in that logbook you talked about on direct to come 15 up to see me? 16 A No. 17 Q Did you ever ask a doorman if they gave Mr. Weinstein 18 the apartment number? 19 A No. 20 Q And, that apartment at 60 Gramacy had two doors? 21 A My apartment? 22 Q Yes? 23 A Yes. 24 Q And one says 17 L, one says 17 M, you saw the picture 25 earlier? Page 1232 1 A Yes. 2 Q The photos that we are looking at now are not, you 3 looked at it already, were not photos that were taken in 1993 or 4 94, correct? 5 A I didn't take the photos, I don't know who took them. 6 Q And you don't remember what the front of the doors 7 looked like or if the doors in the photos you saw look exactly 8 the way they looked at the time you lived there, would that be 9 fair to say? 10 A No. 11 Q And you can see on one door there was a peephole that 12 looked like it was not functioning, on the other door it looked 13 like there was, correct? 14 A Correct. 15 Q At least in terms of the photos now? 16 A Correct. 17 Q When you lived there, did both doors have working 18 peepholes? 19 A I don't recall. 20 Q And was one door a door that was used more often than 21 the other, or were both doors to the apartment used 22 unilaterally? 23 A One door was used more often than the other. 24 Q What one was that? 25 A The one on the right side. Page 1233 1 Q As you are looking at the photo on the right? 2 A Yes. 3 Q That would have been M? 4 A M. 5 Q And when someone appeared at your door and you heard a 6 knock, at this point you're on the other side of the door so you 7 can see, did the knock come to door M or L? 8 A I don't recall. 9 Q So, as this door opens, you open the door, you 10 testified earlier that you were in a nightgown, correct? 11 A Yes. 12 Q And it was a white thin cotton nightgown, correct? 13 A More like burlap. 14 Q Like a -- 15 A Heavy. 16 Q What were the sleeves on it like? 17 A Sleeveless. 18 Q So, like spaghetti strap or tank style? 19 A No, just, no sleeves here. 20 Q Tank? 21 A Yeah, with buttons up here. 22 Q And it was winter, correct? 23 A Yes. 24 Q And you hear a knock at your door that you are not 25 expecting, would that be fair to say? Page 1234 1 A Yes. 2 Q Who are your neighbors on either side of you when you 3 looked at the pictures of the doors and see there are doors on 4 either side of L and M, who were your neighbors? 5 A I don't remember their names. 6 Q Had you met them prior? 7 A Yes. 8 Q To this alleged attack happening? 9 A Yes. 10 Q And did they normally come to your house at 10 o'clock 11 at night? 12 A Could have been the doorman or my neighbors. 13 Q I'm just asking, do they normally come over at 10 14 o'clock at night? 15 A I cannot really answer that. 16 Q And you don't remember their names? 17 A I don't remember their names. 18 Q So you hear this knock, you are in a nightgown and you 19 don't say who is it? 20 A No. 21 Q And you don't remember which door, but you opened it, 22 correct? 23 A No, I remember which door. 24 Q Which door? 25 A M. Page 1235 1 Q That is the door Harvey Weinstein knocked on? 2 A I don't know which door he knocked on, I know which 3 4 5 door I opened. Q And when you opened M, was he right in front of the door or did he appear at some point after you opened the door? 6 A I opened the door and he was right there. 7 Q And did he say anything to you? 8 A No. 9 Q Did you say anything to him? 10 A No. 11 Q You didn't say what are you doing here? 12 A He pushed the door open. 13 Q You didn't say how did you get to this apartment? 14 A No. 15 Q You didn't say did they buzz you in? 16 A No. 17 Q You are at the front door, door M, right, you are 18 standing? 19 A Yes. 20 Q You say he pushes his way in, right? 21 A Yes. 22 Q Do you walk out door M? 23 A Excuse me. 24 Q Do you walk out door M into the hallway? 25 A There is no way to get by him. Page 1236 1 2 Q Well, at some point, Ms. Sciorra, you claim he walks in and walks around your apartment? 3 A Right. 4 Q And while he's walking around your apartment, has he 5 pushed past you? 6 A Yes. 7 Q And you exit door M at that point? 8 A No. 9 Q At the point you claim you see him unbuttoning his 10 shirt, in your words you are realizing what you think he wants, 11 do you walk out door M? 12 A No. 13 Q Do you go to a phone to call the doorman? 14 A No. 15 Q Do you go to a phone to call 911? 16 A No. 17 Q Are you following him around your apartment as he's 18 walking around? 19 A It was pretty quick, it happened very fast. 20 Q How fast? 21 A Very fast. 22 Q How fast? 23 A You want me to get up and demonstrate. 24 Q In your mind how fast do you think it lasted? 25 A Which part of it? Page 1237 1 Q Him walking in and walking around? 2 A Very fast. 3 going on. 4 unbuttoning his shirt and -- 5 Q He just walked in, I didn't know what was Then as he came towards me, I realized he was This was -- 6 MS. ILLUZZI: 7 She interrupted the witness, your Honor. 8 THE COURT: Continue. 9 A And I started to back up to go into the bathroom. 10 Q And when you open up door M, describe the apartment, 11 describe the layout? 12 A It leads right into a dining room. 13 Q Was there any type of hallway or vestibule? 14 A A very small, very small, then a dining room and then 15 16 to the right of the dining room is the bathroom and the bedroom. Q So, in order to get to this bathroom area, you walk 17 through a small hallway or vestibule and through a dining room, 18 correct? 19 A Yes. 20 Q Where was the kitchen? 21 A The kitchen was directly to the right of the front door 22 23 but there is a wall in between. Q And when you talked to the D.A's in January of 2019, 24 you said you were confused, you didn't know why he was there or 25 why he was looking around your apartment, correct? Page 1238 1 A Correct. 2 Q Then you said you thought you may have done something 3 wrong, correct? 4 A I don't know, I don't know what you are reading from. 5 Q I'm asking you if when you spoke to the D.A's on 6 January 14th of 2019, you said you were confused, you didn't 7 know why he was there or why he was looking around your 8 apartment, you thought you may have done something wrong? 9 A I don't understand that. 10 Q You didn't say that? 11 MS. ILLUZZI: 12 THE COURT: 13 14 Q Objection Judge. Sustained. As he's walking around and you see him unbuttoning his shirt, you say the next thing he does is grab on to you? 15 A Yes. 16 Q He says nothing to you at this point? 17 A I don't recall the exact words, but he wanted me to go 18 into the bedroom. 19 Q Did he say anything else? 20 A He was just kind of in a friendly way trying to cajole 21 me to come on, lets just do this, lets go into the bedroom, go 22 into the bedroom. 23 24 25 Q Did you ever tell the District Attorney that he was trying to speak to you in a friendly way to cajole you? A I don't recall. Page 1239 1 Q Where was the other bedroom in the apartment, Ms. 2 Sciorra? 3 A It was all the way to the left when you walk in. 4 Q And when you talked to the District Attorney's Office 5 on January 14th of 2019, isn't it correct that you said he told 6 you to take your nightgown off and you said no? 7 A Yes. 8 Q And did he say that to you before or after the 9 10 demonstration you did on direct where you put your hands up to your shoulders or your chest area? 11 A Before. 12 Q Did he say that before or after? 13 A Before. 14 Q And where were you in the apartment when he put his 15 16 17 18 hands on you? A hallway between the dining room and the bathroom. Q 19 20 I was trying to get into the bathroom, so in a little And you didn't try to go out door M, correct? MS. ILLUZZI: Q 21 Objection, asked and answered. At this point -THE COURT: Overruled, you can answer. 22 A He was too big. 23 Q Well, but at this point, Ms. Sciorra, he had not put 24 25 his hands on you, correct, he was unbuttoning his own shirt? A He was frightening. Page 1240 1 Q When he put his hands in your word at the top of your 2 chest or shoulder area, did you grab on to his arms and try to 3 take them off? 4 A It is very fast and I just remember fighting. 5 Q Did you scratch? 6 A Did I scratch? 7 Q Did you scratch him? 8 A I don't know. 9 Q Did you hit him in the face? 10 A I don't know. 11 Q Did you try to poke him in the eyes? 12 A No. 13 Q Did you scream? 14 A Yes. 15 Q Did you keep screaming? 16 A I was yelling at him to get off of me and to leave me 17 alone. 18 Q Was he responding at all? 19 A No. 20 Q And you claim that at some point he grabs your arms and 21 holds them above your head, correct? 22 A After he got me on the bed. 23 Q And is he using both hands or one hand? 24 A One hand. 25 Q And what are you, are your feet on the bed, off the Page 1241 1 bed, on the floor, where are they? 2 A It was an antique iron bed, so I was sideways on the 4 Q Your whole body, half your body? 5 A I don't remember. 6 Q How long would you say the entire alleged occurrence 3 bed. 7 happened from the time you claim Mr. Weinstein shows up at door 8 M to the time you say he leaves? 9 A Sorry, I cannot hear everything you are saying. 10 Q From the time, how long would you say the entire 11 alleged encounter occurs from the time you say Mr. Weinstein 12 shows up at door M to the time he leaves? 13 A I don't know. 14 Q No idea? 15 A Time stood still. 16 Q Did you have a clock in your room? 17 MS. ILLUZZI: 18 THE COURT: 19 20 Q Objection Judge. Sustained. After he left Ms. Sciorra, did you pick up the phone in your apartment? 21 A No. 22 Q Did you go downstairs to the doorman? 23 A No, I past out. 24 Q Did you go to the police? 25 A No. Page 1242 1 MS. ILLUZZI: 2 THE COURT: Objection, she answered. Sustained. 3 Q When you woke up, did you go to the police? 4 A No. 5 Q When you woke up did you go to the doctor? 6 A No. 7 Q When you woke up, did you go to the hospital? 8 A No. 9 Q What time did you wake up the next day? 10 A I really don't know, I woke up later that evening. 11 Q And you don't know the specific date or time this took 12 place, correct? 13 MS. ILLUZZI: 14 THE COURT: 15 16 Q Objection, asked and answered Judge. Sustained. Did you have anything to do the next day if you remember that you canceled or changed or moved? 17 A No, I don't recall. 18 Q Now, you stated that you asked your brothers to come 19 over, correct? 20 A Yes. 21 Q Do you remember what day you did that? 22 A No. 23 Q Do you remember if it was a day later, three days, a 24 25 week later? A Several weeks later. Page 1243 1 Q And they did not come, correct? 2 A Correct. 3 Q Did one of their girlfriends come over? 4 A Yes. 5 Q What was the girlfriend's name? 6 A Elaine Stein. 7 Q And you didn't tell her what happened, did you? 8 A No. 9 Q Who were your friends at this time, Ms. Sciorra? 10 A Dan A. P. P. E. L., Frank P. U. G. L. I. E. S. E, 11 Christie Koleopolis (phon). 12 Q And did you call any of those three people? 13 A No. 14 Q When is the next time you saw any of those friends? 15 A Several weeks later. 16 Q Do you remember what the first event was you went to 17 18 19 after you decided to leave your home? A Well I was, it was during the time I was involved with a play called Those The River Keeps. 20 Q And when was that play running? 21 A It opened in early February. 22 Q And you don't know the date? 23 A I believe it was February second, I'm not positive. 24 Q That was 1994? 25 A Yes. Page 1244 1 Q And after this, when the prosecutor asked you about why 2 you didn't report it, you said you didn't think it was rape, 3 correct? 4 A At the time I didn't understand that that was rape. 5 Q Well, Ms. Sciorra, you were 33 years old if your 6 timeline is correct, correct? 7 A Correct. 8 Q And a famous actress at this point, correct? 9 A Correct. 10 Q And Miramax was not the only film maker in town, 11 correct? 12 A Sorry. 13 Q Miramax was not the only company making movies? 14 A No. 15 Q And from the time you have known Harvey Weinstein, he 16 has lived and resided in the State of New York, correct? 17 A I don't know where he lives. 18 Q Did you know where he was living in 1990, 91, 1992? 19 A He said he would drop me off because it was on the way 20 home. 21 Q On the way home? 22 A That is what he said, so I assumed he lived someplace 23 24 25 uptown. Q And as an actress in New York City, had you known Mr. Weinstein was in New York all the time, he's in every newspaper Page 1245 1 on a regular basis? 2 MS. ILLUZZI: 3 THE COURT: 4 5 Q Objection. Sustained. And then a couple of months later, you see Mr. Weinstein, correct? 6 A Yes. 7 Q And you see him because you went to a Miramax party or 8 event that you were invited to, correct? 9 A A dinner. 10 Q And how many people were at that dinner? 11 A It started out as a smaller dinner, and then we were 12 ushered to another part of the restaurant where it became a 13 larger dinner, and that is when the defendant became a part of 14 the dinner. 15 Q And when you went to the dinner and left your house for 16 the dinner and got dressed up for the dinner, you knew it was a 17 Miramax event, correct? 18 19 A It was a dinner, I would not say it was a Miramax event. 20 Q But you were invited by Miramax? 21 A I was invited probably by Meryl Poster. 22 Q Where did she work in 93 and 94? 23 A She worked at Miramax. 24 Q And your first interaction with Meryl Poster, your 25 first meeting of Meryl Poster happened with Harvey Weinstein Page 1246 1 when you read for The Night We Never Met, correct? 2 A I'm not sure when I first met her. 3 Q Then you talked about going to London and doing a small 4 movie in London, correct? 5 A Yes. 6 Q You don't remember if that was 1994 or 1995, is that 7 correct? 8 A That is not correct. 9 Q When was it? 10 A I came home on Christmas eve 1994, I shot the movie in 11 the month leading up to that. 12 Q How many months did that movie shoot? 13 A All in all it was probably there for two months. 14 Q And where did you stay in London? 15 A I don't recall the first hotel, I recall the second 16 hotel I moved to. 17 Q When you were taking these trips, who booked them for 19 A The production company, I assume. 20 Q And your agent would then give you the information, 18 you? 21 tell you where to stay or the production would send it to you, 22 how would you know where you were going or what would happen? 23 A My agent would communicate it to me. 24 Q Who was your agent in 94 and 95? 25 A It was either ICM or CAA. Oh, I know the answer, may I Page 1247 1 give that answer again, it was CAA. 2 Q Who was your specific -- 3 A Fred Specter and Jane Berliner. 4 Q And you stated on direct while you were in London, you 5 would receive phone calls from Harvey Weinstein? 6 A Phone messages. 7 Q And those messages came in the form of what, notes from 8 the concierge? 9 A Yes. 10 Q They were not voicemails left for you, correct? 11 A No. 12 Q You have no idea who talked to who on the phone, you 13 just got a piece of paper that said Harvey Weinstein called you? 14 A Correct. 15 Q And you said at one point he got you on the phone; is 16 that right? 17 A Yes. 18 Q That was one phone call? 19 A Yes. 20 Q When was that during the course of that two month 21 period of time when you were filming? 22 A Towards the beginning before I moved to another hotel. 23 Q And what was the second hotel that you moved to? 24 A The Draycot (phon). 25 Q How long did you stay there? Page 1248 1 A For the duration of the movie. 2 Q You don't remember how long, how many weeks you stayed 3 there? 4 A Six weeks. 5 Q How many days did you stay at the first hotel? 6 A I don't know exactly. 7 Q And when you claim Harvey got you on the phone, he said 8 he wanted to have breakfast, correct? 9 A Yes. 10 Q And you said no, right? 11 A At his hotel. 12 Q And you said no? 13 A I said no. 14 Q But you reached out to Matthew Vaughn? 15 A Yes. 16 Q And told Matthew Vaughn I want to meet Harvey 17 Weinstein, I just want you to sit at another table? 18 A That was not the first thing I said to him. 19 Q Is that one of the things you asked? 20 A Excuse me. 21 Q One of the things you asked Matthew Vaughn I want to 22 set up a meal with Harvey Weinstein, my rapist? 23 A To get him off my back. 24 Q And I want you to come with me? 25 A Yes. Page 1249 1 MS. ILLUZZI: 2 my rapist comment. 3 4 5 Objection as to the addition of the THE COURT: Q Sustained. And you told Matthew Vaughn that Harvey was trying to contact you, correct? 6 A Yes. 7 Q You told Matthew Vaughn that you believed Harvey was 8 sending cars for you, correct? 9 A Yes. 10 Q Because you don't know Harvey was sending cars for you, 11 that is what you thought was happening, correct? 12 A Yes. 13 Q You didn't get any notes from anybody saying Harvey 14 15 16 Weinstein sent a car, correct? A He kept saying in his messages that he was going to send a car for breakfast. 17 Q That was in those written messages left for you? 18 A Yes. 19 Q Did you save any of those messages? 20 A No. 21 Q So, this person that you claim came into your home and 22 raped you, is now attempting to find you in London and you don't 23 save any of those messages? 24 25 A No. MS. ILLUZZI: Objection Judge. Page 1250 1 2 3 THE COURT: Q Overruled, answer stands. Not only do you not save the messages, but you say Matthew, he's trying to send cars for me, right? 4 A Yes. 5 Q I want to be moved from my hotel, correct? 6 A Yes. 7 Q But, I want you to set up a meal and come with me? 8 A Your Honor, can I add something to that? 9 10 11 THE COURT: A You may. We also discussed going to the police because Matthew was familiar with his behavior. 12 Q And did you go to the police? 13 A No, we moved hotels instead. 14 Q Did you sit down with Harvey Weinstein and say I'm 15 going to go to the police? 16 A No. 17 Q When you say that you saw Harvey Weinstein at the 18 Miramax event, I'm going to go back a minute. 19 When you say you saw Harvey Weinstein at the Miramax 20 event after this attack in your home, you didn't say to Harvey 21 Weinstein you raped me, did you? 22 A Yes, I did. 23 Q Oh, you did. 24 25 I thought what you said to him was what you did was wrong. A I said what you did was wrong. Page 1251 1 Q Big difference, just so we are clear. 2 MS. ILLUZZI: 3 THE COURT: 4 Q Objection, commentary. Sustained. And you stated in that interaction at the Miramax 5 event, that you told Mr. Weinstein you woke up on the floor but 6 you remember everything that happened; is that right? 7 A Yes. 8 Q Except the date, correct? 9 MS. ILLUZZI: 10 THE COURT: Objection Judge. Overruled. 11 Q Except the date? 12 A Except the date, yes. 13 MS. ILLUZZI: 14 Weinstein, Judge. 15 16 17 Objection as to what she told Mr. THE COURT: Q Overruled. And then you get a call about Cop Land, the movie Cop Land, right? 18 A Yes. 19 Q Between this time in London and the call for Cop Land, 20 how much time goes by? 21 A Maybe a year. 22 Q And? 23 A I don't recall. 24 Q Sorry? 25 A About a year. Page 1252 1 Q 2 that year? 3 A No. 4 Q Had you had any contact with anyone from Miramax in 5 that year? 6 A I was friends with Erica Steinberg. 7 Q And Erica Steinberg worked at Miramax? 8 A Yes. 9 Q Did you ever tell Erica Steinberg you didn't want to 10 And had you had any contact with Harvey Weinstein in have anymore contact with Harvey Weinstein or Miramax? 11 MS. ILLUZZI: 12 THE COURT: Objection. Sustained. 13 Q Then you get the call for Cop Land, right? 14 A Yes. 15 Q And you claim that you had no idea initially that it 16 was a Miramax movie, right? 17 A Yes. 18 Q How soon after do you learn that it is a Miramax movie? 19 A I auditioned in a hotel room with a director, and the 20 producer, and I got the job very quickly with a very, very low 21 offer, and I turned it down. 22 Q 23 correct? 24 A 25 And you turned it down because the offer was low, I turned it down because I was trying to move to L. A, I was in L. A, the offer was very low. I did not want to work Page 1253 1 back in New York, it was a supporting role, not a big deal, and 2 I did not want to work with Harvey Weinstein. 3 Q And at that point you know it is Harvey Weinstein? 4 A Yes, once the offer came in, of course. 5 Q Well, when you went to the reading or audition with the 6 director and the producer as a seasoned actress, do you ask 7 anyone in the room who is producing this movie? 8 MS. ILLUZZI: 9 Objection Judge as to the form of the question. 10 THE COURT: Overruled, you can answer that. 11 A Did I ask? 12 Q Did you ask who was producing the movie when you first 13 went for the audition, did you say who is producing this? 14 A No. 15 Q You did not ask your agent? 16 A No. 17 Q Now, when you get paid, Ms. Sciorra, as an actress, the 18 money people are the producers, correct? 19 MS. ILLUZZI: 20 THE COURT: Objection Judge. Overruled. 21 A Not all the time. 22 Q And in this case, you didn't like the offer, that is 23 when you learned it was Miramax, correct? 24 A Yes. 25 Q And the negotiation to get paid more happens with Page 1254 1 Miramax in this instance? 2 A And my agent, yes. 3 Q And your agent is representing you? 4 A Uh huh. 5 Q Against Miramax in what they are going to pay? 6 A Uh huh. 7 THE COURT: Yes or no? 8 A Yes, sorry. 9 Q At some point you agree to some number because you 10 actually make the movie, right? 11 A No. 12 Q So you do not agree to a number? 13 A No. 14 Q At some point you get a contract? 15 A At some point. 16 Q How soon after the negotiations started do you agree to 17 do Cop Land? 18 A I was tricked into it. 19 Q Ms. Sciorra, why don't you tell us how, now at this 20 time 37, 38 year old, a seasoned actress gets tricked into doing 21 this? 22 23 MS. ILLUZZI: she said. 24 25 Objection Judge, that is not what THE COURT: now. Sustained, and we will take a break Page 1255 1 Ms. Sciorra, if you can step down and be back here 2 prior to 2:15, wait for further instructions from the 3 D.A's. 4 ( Witness exit courtroom). 5 THE COURT: All right jurors, we will take your 6 lunch recess. Remain mindful of all my prior admonitions 7 and instructions: 8 open mind, do not form an opinion as to the guilt or 9 innocence of the defendant. During this or any other recess, keep an 10 Do not discuss this case amongst yourselves or 11 with anyone else nor allow anyone to discuss it in your 12 presence. 13 Refrain from any and all communications or 14 research, electronic or otherwise about anything whatsoever 15 to do with the case. 16 You can leave your books there. Have a good 17 lunch, see you back here prior to 2:15 as you coordinate it 18 with the court officer. 19 ( Jury exits courtroom). 20 THE COURT: 21 ( Lunch recess taken). 22 23 24 25 2:15. Page 1256 1 (A luncheon recess was taken.) 2 (After the luncheon recess, the following 3 occurred:) 4 *** 5 A F T E R N O O N 6 (The trial continued.) 7 8 S E S S I O N. THE COURT: All right. Your witness is available, Ms. Illuzzi? 9 MS. ILLUZZI-ORBON: 10 THE COURT: 11 Yes, she is. Jury entering. (Whereupon, the jury entered the courtroom 12 and were properly seated.) 13 THE CLERK: Case on trial continued. All parties 14 stipulate that the jury is present and properly seated, 15 People? 16 MS. ILLUZZI-ORBON: 17 THE CLERK: 18 MR. AIDALA: 19 THE COURT: 20 Thank you for your promptness. 21 Let's recall the witness, Sergeant. 22 SERGEANT: 23 Yes. The defense? Yes. All right, welcome back jurors. Witness entering. (Whereupon, the witness entered the 24 courtroom.) 25 SERGEANT: Resume the witness stand. Page 1257 1 Take your seat. 2 THE COURT: 3 All right, welcome back and I remind you that you are still under oath. 4 Once you get settled in, you can readjust the 5 microphone there also, great and please resume your 6 inquiry. 7 MS. ROTUNNO: 8 CONTINUED CROSS-EXAMINATION 9 BY MS. ROTUNNO: Thank you, Judge. 10 Q Good afternoon, Ms. Sciorra. 11 A Good afternoon. 12 Q So before the break, we were talking about Cop Land 13 and I want to go back to the reading for Cop Land. 14 15 The movie, Cop Land, was a fairly big deal, would that be fair to say? 16 A It was a small movie. 17 Q But it was cast -- the cast was Ray Liotta, Harvey 18 Keitel, Sly Stallone, Robert De Niro. 19 These are big names, correct? 20 A Correct, but it was a small budget. 21 Q And for any actress, whether you are you successful 22 actress or an aspiring actress, that's a great cast to work 23 with, is that fair to say? 24 A In a different role, yeah. 25 Q And your role was playing the counterpart to Sylvester Page 1258 1 Stallone, would that be fair to say? 2 A Sure, correct. 3 Q And isn't it correct, Ms. Sciorra, that when you read 4 for Cop Land Harvey Weinstein was in the room? 5 A When I auditioned for it? 6 Q Correct. 7 A No. 8 Q And the script that the People showed you, I think it 9 10 was People's Exhibit number 50, that is what is known as a shooting script, is that correct? 11 A No. 12 Q Yes? 13 A No. 14 Q What script is this? 15 A That was the script I got to audition with. 16 Q And was there then another script that came after the 17 fact, after that? 18 A There were several re-writes. 19 Q And in those re-writes, those scripts say Miramax on 20 them, is that correct? 21 A No? 22 Q So you never had any scripts that had the words 23 Miramax on the scripts. 24 A No. 25 Q So when you start to realize that Miramax is involved Page 1259 1 in this, do you say to your agent, I don't want to be a part of 2 this movie not because of the money but because I don't want to 3 work for the person that sexually assaulted me? 4 MS. ILLUZZI-ORBON: 5 THE COURT: 6 9 Overruled. Did you ever say that, just yes or no? 7 8 Objection. THE WITNESS: Q No. And so, you took a movie that you thought the role was beneath you, correct? 10 A I wouldn't -- no role is beneath me. 11 Q Well, it wasn't a big enough role in your words, 12 correct? 13 A 14 The circumstances weren't anything advantageous to me and the role was not that interesting. 15 Q And you took it anyway? 16 A No. 17 Q Did you show up every day and work on the set of Cop 18 Land? 19 A 20 I didn't. 21 Q Let's talk about those threats of lawsuits. 22 A Sure. 23 Q In order to threaten a lawsuit you must have a 24 25 I had to because I was being threatened to be sued if contract that you are not honoring -- so would you agree? MS. ILLUZZI-ORBON: Objection. Page 1260 1 THE WITNESS: 2 THE COURT: 3 4 5 Q No. Overruled. At what point are you threatened to perform in this movie? A We were negotiating. I was asked to go to New York to 6 participate in a read through of the script and to continue 7 negotiating in good faith. Once -- 8 Q And -- go ahead. 9 A Once I showed up in New York under the condition that 10 I was not obligated to do the movie and after the reading was 11 over, continued to negotiate and the price never came up and 12 the role never changed and I wanted to not do it. 13 Q And because you had not agreed on a price and because 14 you had come to New York to negotiate and in good faith 15 continue to try to figure out what the part would look like, 16 you did not have a contract, correct? 17 A I don't believe there was a contract. At the time 18 that I sat down to do the reading there was no contract that I 19 had signed. 20 Q And at some point you signed a contract, correct? 21 A After I was threatened with a lawsuit. 22 Q Well, Ms. Sciorra, what is the threat if you have no 23 contract? 24 A 25 I didn't know the threat. May I continue? Page 1261 1 Q No question pending. 2 3 MS. ILLUZZI-ORBON: THE COURT: 5 her on redirect. 6 Q 8 9 The request is denied. You can ask How long between you sign a contract to appear and work on Cop Land to the time that the shooting actually begins? A In this circumstance I believe it began shooting a few weeks after the reading. 10 Q 11 shooting? 12 A In New York. 13 Q And how long did the shooting of Cop Land take? 14 A I don't know. 15 Q And Harvey Weinstein was on the set of Cop Land, 16 correct? 17 A I don't know. 18 Q You don't remember? 19 A I didn't see him. 20 Q Ms. Sciorra, I am going to show you a series of 21 22 I would ask you to allow the witness to finish. 4 7 She was trying to explain. And was that here or was it in California, the In New Jersey. photographs. I am going to mark them, Defense 1, 2 -- 23 THE COURT: If you would use letters. 24 MS. ROTUNNO: 25 Defense A, Defense B, Defense C, Defense E, I am sorry, Judge. Page 1262 1 Defense F, Defense G and Defense I. 2 Q 3 photographs that were previously shown to the state. 4 5 Ms. Sciorra, I am going to show you a series of Will you leaf through those and then I will ask you some specific questions. 6 Ms. Sciorra, do you recognize those photographs? 7 A Yes. 8 Q Do you recognize those as photographs coming from your 9 10 role in Cop Land and the set of the movie Cop Land? A Yes. 11 12 MS. ROTUNNO: I am going to ask that we publish those photos to the jury. 13 THE COURT: 14 MS. ILLUZZI-ORBON: 15 THE COURT: 16 MS. ILLUZZI-ORBON: 17 18 Any objection to that? No, none at all. Those are received into evidence. Did you forget to put in D? BY MS. ROTUNNO: Q Ms. Sciorra, I am going to give you back People's 19 Exhibit or Defendant's Exhibit A and I am going to ask you to 20 look at that? 21 THE COURT: That was B. 22 THE CLERK: Judge, that's B. 23 THE COURT: Let's make this A and change the 24 25 document E. MS. ROTUNNO: Judge, I can make this D because I Page 1263 1 skipped D. 2 3 4 5 6 7 8 9 THE COURT: Q Can you tell the Ladies and Gentlemen of the Jury what is this that photograph? A It's a picture of Sylvester Stallone and myself in a scene. Q Is that a picture on-scene while the two of you are shooting for the movie? A Rehearsing or shooting. 10 11 THE COURT: It will pick you up pretty good. Sorry. Okay, thanks. 14 15 Can you just lift the arm of that that microphone up? 12 13 D it is. MS. ROTUNNO: Q 16 Sure. Now, I am going to show you Defense B and C. And, Ms. Sciorra, are those photographs of Mr. Harvey 17 Weinstein on set during the filming of Cop Land with various 18 other actors and/or producers and directors? 19 A Yes. 20 Q Thank you. 21 I want to go back for one second to the contract negotiations. 22 What were you paid to do the movie Cop Land? 23 A I don't recall. 24 Q And do you recall the amount of money you were asking 25 in addition to what was being offered? Page 1264 1 A I don't recall. 2 Q After Cop Land wrapped shooting you had to go on a 3 series of press tours, is that correct? 4 A Yes. 5 Q Correct? 6 A Yes. 7 Q And one of those tours was in Europe, correct? 8 A Excuse me. 9 Q One of the tours was in Europe? 10 A Yes. 11 Q And do you remember where in Europe you went? 12 A Well, we were at the Cannes Film Festival. 13 14 15 London. Q We were in We were in -- I think that's it. And at some point, did you bring anyone with you on any of those press tours? 16 A No. 17 Q So you never brought your father with you on a press 18 19 20 21 tour for Cop Land? A No, I brought my father with me for a press tour on The Night We Never Met. Q So when you told the government on January 14th of 22 2019, that you brought your father with you so you wouldn't be 23 alone in 1997, that was a mistake? 24 A It was a mistake. 25 Q And the reason you know that that is a mistake is Page 1265 1 because when this story hit the news and you contacted Warren 2 Leight to ask him questions, you were trying to put together 3 the timeline, would that be fair to say? 4 A Yes. 5 Q And the timeline that you were attempting to put 6 together was where all of these pieces fit into the testimony 7 that you are giving now, correct? 8 MS. ILLUZZI-ORBON: 9 THE COURT: 10 Q Objection. Sustained. Well, Ms. Sciorra, you reached out to Warren Leight 11 and asked Warren Leight if he remembered when your father was 12 with you, correct? 13 A It was a rhetorical. 14 Q And Mr. Leight responded to you, correct? 15 And you asked, when was my dad with me, correct? 16 A I don't remember. 17 Q Well, we can go through it. 18 A Okay. 19 Q October 17, 2017, did you send Mr. Warren Leight an 20 email at 1:01 p.m. saying subject: 21 I would like to meet you today. 22 Annabella here. Through a series mixups and misunderstanding and my 23 fear still, I have not spoken to Ronan. 24 him at 2:00 p.m. 25 Hi Warren I will be speaking to I am trying to remember something regarding the press Page 1266 1 tour that my father came on with us. 2 I remember being in London and Deauville with him and also 3 Venice but I believe I was promoting two movies on the same 4 tour. 5 6 Can you tell me where we all were together with regards to The Night We Never Met? 7 8 I took him for a reason. I remember very well being in Deauville with my dad and with you. 9 Did you send that message? 10 A Yes. 11 Q And he responded to you that he remembers being in 12 Deauville. 13 correct? 14 A Yes. 15 Q And you knew that on October 17th of 2017, when you 16 He doesn't remember seeing you anywhere else, sent him that message and you asked for his response, correct? 17 MS. ILLUZZI-ORBON: 18 THE COURT: 19 20 Q Objection, knew what? Just clarify, please. You knew that your father was with you in regards to The Night We Never Met press tour, correct? 21 A Yes. 22 Q Yet in January of 2019, when you sat down with the 23 People at this table in front of you, the Assistant District 24 Attorneys, you told them that you brought your father with you 25 on the Cop Land press tour because you didn't want to be alone? Page 1267 1 A Yes. 2 Q But you knew a year-and-a-half prior that that wasn't 3 the case? 4 A I was confused. 5 Q You go to Cannes in May of 1997 and in Cannes there 6 are two hotels, both hotels Du Cap, one is Eden Roc and one is 7 Ferrat, correct? 8 A I don't -- I only thought there was one. 9 Q Where did you stay? 10 A I don't know. 11 Q You don't remember? 12 A Du Cap. 13 Q But you don't know which Du Cap? 14 A No, I didn't realize there were two. 15 Q How many times have you been to Cannes? 16 A Once. 17 Q And you stated that when you arrived in Cannes someone 18 from Miramax was waiting for you, correct? 19 A Correct. 20 Q And where was this person waiting for you? 21 A At -- where the transportation from the airport to the 22 23 24 25 hotel, wherever I got off is where she was waiting for me. Q And she tells you in that moment, we put you next to Mr. Weinstein? A No. Page 1268 1 Q When did she tell you? 2 A Well, we checked in and then the gentleman that works 3 at the hotel took my bags, put it on a roller and we went to 4 the room and they opened the door. 5 6 7 We start putting everything in and she reveals to me that I am in a room next to Harvey Weinstein. Q And in that moment, did you say move me to another 8 room, just like in London when you said move me to another 9 hotel? 10 A No. 11 Q So in London Mr. Weinstein is not in your hotel, he is 12 just calling you, correct? 13 A No, he was banging down my door. 14 Q And when you were in London and getting the phone 15 He was in my hotel. calls, not on this tour, I am going back take 1994, '95 -- 16 A Correct. 17 Q -- you say, move me to another hotel, correct? 18 A Before I said move me, he was banging down my doors 19 20 telling me to open it up. Q 21 Okay. So he is banging on your door. You never opened the door, right? 22 A No. 23 Q You don't see him outside you just hear somebody who 24 25 you believe is -A No, I hear Harvey. Page 1269 1 Q And you asked to be moved? 2 A Yes. 3 Q But now you are checking into a hotel and when you are 4 checking in they are telling you you are going to be next to 5 the person that has now sexually assaulted you, banged on your 6 hotel room door, threatened to sue you twice and you start to 7 unpack your things? 8 A I don't think I unpacked. 9 Q You didn't move rooms? 10 A I did not move rooms. 11 Q How many days were you there? 12 A Too many. 13 Q Do you remember how many days you were there? 14 A I was there, approximately, four days doing press for 15 Cop Land. And then I got note that I got a part in a movie 16 called, What Dreams May Come and the producers of that movie 17 asked me to stay to do press for that film. 18 19 Q some awareness at 5:00 a.m. that somebody was at your door. 20 21 22 And I want to go back to that day that you say you got How did that happen? A I was asleep. the buzzer. 23 Somebody knocked on the door or rang I thought it was my makeup call for the morning. I opened the door and Harvey was there. 24 Q Well, you didn't have a call that day, correct? 25 A I don't know. Probably at some point. We work every Page 1270 1 day in Cannes. 2 Q 3 correct? 4 A I was sleeping, yes. 5 Q And you hear this knock, correct? 6 A Yes. 7 Q And you already know that Harvey Weinstein is in the 8 And you were not awake, ready for a call to be coming, You said you were sleeping? room next to you, correct? 9 A Uh-hum. 10 Q And you already know that the last time you heard a 11 knock at the door and answered it without seeing who was on the 12 other end didn't go well, correct? 13 A Correct. 14 Q And you opened the door? 15 A Yes. 16 Q And you say he is standing there, correct? 17 A Yes. 18 Q In a hotel hallway? 19 A Yes. 20 Q In nothing but underwear? 21 A That is correct. 22 Q Harvey Weinstein? 23 A That is correct. 24 Q And he is standing there and you said you tried to get 25 out of the room but he was too big? Page 1271 1 A That's right. 2 Q Why didn't you just close the door? 3 A Because he was inside my room. 4 Q You opened the door and he walked right in? 5 A That's right. 6 Q Once he walks in the room why don't you then walk out 7 the door? 8 A 9 buttons. Because it was easier for me to get to the call 10 Q And that's what you did, correct? 11 A That's what I did. 12 Q And you don't remember if anyone -- if he was still 13 there when somebody came? 14 A I don't recall. 15 Q And did you make any type of formal complaint to the 16 I believe he just started leaving. hotel? 17 A No, he owned the hotel. 18 Q Did you make any complaint to anyone who worked for 20 A No. 21 Q You are there with Sylvester Stallone, correct? 22 A I don't know where Sylvester was staying. 19 23 24 25 him? He could have been in his own house. Q But you are in Cannes promoting a movie with Sylvester Stallone, correct? Page 1272 1 A Yes. 2 Q With Robert De Niro, correct? 3 A I don't know -- I don't believe he was there. 4 Q Heavyweights in the movie industry, correct? 5 A Some. 6 Q Maybe, sort of? 7 A Some, yes. 8 Q Did you go to them and say, get this guy away from me? 9 Friends of Harvey. MS. ILLUZZI-ORBON: 10 THE COURT: 11 THE WITNESS: 12 THE COURT: 13 Q 14 15 16 17 Can she have time to answer? Yes. Excuse me. What's the question? I thought she answered. Do you go to them and say, get this guy away from me? A I never saw anybody until I was walking on the red carpet with Sly. Q On direct examination you talked about an incident 18 where you had a low cut dress on and somebody came up behind 19 and put their hand on your back? 20 A A backless dress. 21 Q And that, excuse me, backless dress and you thought -- 22 you didn't know who it was, you turned around, it was Harvey, 23 correct? 24 A Yes. 25 Q You testified earlier that that happened at some Page 1273 1 Miramax event sometime between the alleged attack in your 2 apartment and showing up in Cannes for Cop Land, correct? 3 4 MS. ILLUZZI-ORBON: THE COURT: Q 7 8 9 That's not the testimony, Judge. 5 6 Objection. Sustained. At what point, where were you -- let me ask you this. Where were you when you were wearing a dress that had a low cut back and Harvey Weinstein came up from behind you? A I don't recall. I think it was at Toronto Film 10 Festival. 11 Q Do you recall the year? 12 A No. 13 Q Do you recall the movie that you were there for? 14 A No. 15 16 It could have been an award ceremony. have been a film festival. Q It could It could have been a premier. You testified about the times and places that you 17 remember seeing Harvey Weinstein between meeting him in 1990, 18 '91 until the last time you see him some time after Cop Land, 19 correct? 20 A 21 22 I don't understand the question. Sorry. Can you repeat that? Q You testified to the times that you remember seeing 23 Harvey Weinstein from 1990, '91 until after Cop Land was 24 finished, correct? 25 A Uh-hum, yeah. Page 1274 1 2 Q Did you go to the premier of the movie The Piano on November 17th of 1993? 3 A Yes. 4 Q And The Piano was a Miramax movie, correct? 5 A I don't know. 6 Q Well, it won lots of awards? 7 A I don't watch award ceremonies. 8 Q And do you remember what you wore when you went to 9 that award ceremony? 10 MS. ILLUZZI-ORBON: Excuse me. 11 Q That movie premier. 12 A Yes, a Valium hat and a dress. 13 Q Marking as Defense J. 14 15 Ms. Sciorra, I am showing you a photograph that I have marked Defense Exhibit J. 16 A Yes. 17 Q Do you recognize that photograph? 18 A Yes. 19 Q And who is that a photograph of? 20 A That's me. 21 Q And what are you wearing in that photograph? 22 A I am wearing a hat that says, Valium, on it and I am 23 24 25 wearing leather jacket. Q And the Valium hat that you are wearing is a joke? What is that? Page 1275 1 A A cry for help. 2 Q Well, at that point though you testified that you 3 already beat the Valium habit, correct? 4 A That's right, yes. 5 Q And at that point, at least if we go with your 6 timeline, Harvey Weinstein had not yet shown up at 60 Gramercy, 7 correct? 8 A Well, when is this? 9 Q November 17, 1993? 10 A Correct. 11 Q So if you have beaten the habit and he hasn't shown up 12 on Gramercy, what was the cry for help in that photograph, 13 photo? 14 A 15 unhealthy. 16 Q And you are smiling, correct? 17 A Yeah. 18 Q And you went to a premier, correct? 19 A Yeah, my agent took me. 20 Q And let's talk about the weight issue that you have 21 described. 22 23 Because I looked terrible and I am skinny and I am There were cameras. Actresses are normally thin, would that be fair to say? 24 A No. 25 Q Do actresses strive to have a certain body? Page 1276 1 2 3 A It depends how much they want to conform to society and the patriarchal system but not all the time. Q And back in the 90s's, to be fair, a little bit of a 4 different time than we are living in today in terms of what 5 people thought was acceptable and what isn't, would you change 6 your body image for roles depending on what each role required? 7 A 8 That question doesn't make a whole lot of sense to me. Can you repeat that? 9 Q Have you gained or lost weight? 10 A That's a different question. 11 Q Have you gained or lost weight depending on a role? 12 A Um, I have gotten into different kinds of physical 13 shape for different parts, like if I was playing a dancer once 14 or -- 15 Q Sure, if you are playing a dancer you will be thinner 16 than if you are, maybe, Demi Moore and GI Jane, would that be 17 fair? 18 A Not necessarily thinner, more fit and less soft. 19 Q Sure. 20 I want to go back to 60 Gramercy and I am going to ask the state if they would put up People's Exhibit 21. 21 So we are looking at what you looked at before when 22 Ms. Illuzzi asked you about the front of the building. 23 That's at the front of the building, correct? 24 A Correct. 25 Q Is that the entrance that you entered the night that Page 1277 1 you were dropped off in the late winter, early winter months of 2 '93 to '94? 3 A Late '93, early '94. 4 Q And that's the door you went in? 5 A Yes. 6 Q And you walked down the stairs depicted in People's 7 22, if we can see that? 8 A Yes, exactly. 9 Q If you can look at the screen, Ms. Sciorra, are those 10 the steps that you would have walked down when you went into 11 your house? 12 A Yes. 13 Q And then you walked down the steps, you go up the 14 elevator and if I can see People's 26, please. 15 And we are back to the doors, L and M. 16 You can see that there is a door on the right side of 17 that photograph where there is a bicycle leaning up next to it 18 and a door next on the left side of the photograph where it 19 says D, right? 20 A Yes. 21 Q Those were two other apartments? 22 A I think one was the garbage room and one was a 23 staircase, I believe. 24 Q So where was your closest neighbor? 25 A On the other side of the elevator. Page 1278 1 Q And at any point in time did any neighbor come to you 2 and say, I heard you yelling or screaming. 3 or a problem? 4 MS. ILLUZZI-ORBON: 5 THE COURT: 6 Q Was there an issue Objection. Sustained. At any point in time the morning you woke up with a 7 nightgown up to your waist, did a neighbor come knocking on 8 your door? 9 MS. ILLUZZI-ORBON: 10 11 THE COURT: Q Objection. Sustained. I am going to go back to the door. If you look at the 12 two doors, L and door M, when you open up door M, it opens up 13 you said into that small vestibule, correct? 14 A Yes. 15 Q And when you opened the door this night in 1993 and in 16 '94, do you open it all the way? 17 Do you look and see who is there? 18 Let's go through opening the door. 19 A I opened the door and peaked out. 20 Q And it was at that point you say that the door got 21 pushed open? 22 A Yes. 23 Q And when you look at those numbers, again, on the 24 door, did you ask Harvey Weinstein how did you know what 25 apartment I lived in? Page 1279 1 A No. 2 Q So when Cop Land ended, until you received a call from 3 reporters in late 2016 and 2017, did you see Harvey Weinstein? 4 A Yes, at Cannes. 5 Q And that was for Cop Land, correct? 6 A Yes, but it was months after it finished that he 7 8 9 showed up at my door in his underwear. Q So after you were done with everything associated with Cop Land, whatever year that was, sometime in 1997 I believe 10 based on your timeline, and having reporters reach out to you 11 in October of 2016 into October of 2017, had you heard from 12 Harvey Weinstein? 13 A No. 14 Q Had you seen him at any events? 15 A At that one event where he put his hand on my back. 16 Q And you don't know what year that was? 17 A I don't know what year that was. 18 19 20 I avoided anything where he might be. Q Well, you were invited to a Lilyhammer premier or screening in 2012, is that correct? 21 A A what screening? 22 Q For Lilyhammer? 23 A Yes. 24 Q And did you attend that? 25 A No. Page 1280 1 Q And when you received a phone call initially you 2 didn't respond, is that correct, back in October of 2016, I 3 think that was from Ben Wallace? 4 5 6 7 8 9 10 11 A From Ben Wallace with New York Magazine. No, I did not respond. Q And you thought it was odd that anyone was reaching out to you, would that be fair to say? A No. There was rumor circulating that people were doing investigations about Harvey's sexual predation. Q Well, you thought it was odd in your words because you hadn't told anyone about what happened to you, correct? 12 A Correct. 13 Q And then you kept getting contacted by Ronan Farrow, 14 is that correct? 15 A Correct. 16 Q And when you spoke to Ronan Farrow, Ms. Sciorra, he 17 told you that he was working on a story about allegations of 18 sexual harassment against Harvey Weinstein, correct? 19 A Correct. 20 Q And that some people suggested you might have 21 22 something to say, is that right? A Uh-hum. 23 THE COURT: 24 THE WITNESS: 25 Q Yes or no, please. Yes. Your response was, oh that, it's weird. I have heard Page 1281 1 that before. 2 Who told you that? Correct? 3 A Yes. 4 Q And his response was he couldn't reveal his sources, 5 correct? 6 A Correct. 7 Q And that it could help people if you knew anything, 8 even if you wanted to talk anonymously, correct? 9 A Correct. 10 Q And your response was, Ms. Sciorra, no, nothing 11 happened. 12 A Correct. 13 Q Now, Ms. Illuzzi asked you about your text 14 I don't know. I guess I just wasn't his type? communications with your friend, Yul Vasquez, is that right? 15 A Yes. 16 Q And when Yul reaches out to you in August of 2017 that 17 was after Ben Wallace had reached out to you in October of 18 2016, correct? 19 A Yes, and after -- yes. 20 Q And Yul asks for your number, your cell number, 21 correct? 22 A Uh-hum. 23 THE COURT: 24 THE WITNESS: 25 Q Yes. Yes. And you give him his number? You give him your Page 1282 1 number? 2 A I am sorry. 3 Q You give him your number? 4 A Yes. 5 Q Yul was your friend. 6 A Yes. 7 Q Yul tells you, cool, Harvey Weinstein wanted it, 8 You gave him your number? right? 9 A Yes. 10 Q And you don't respond, don't give him my number, do 12 A He already gave it to him. 13 Q Well, this is all in the same day conversation, same 11 you? 14 day conversation, August 7, 2017, via Instagram or whatever 15 medium you would speaking -- you were speaking. 16 Did you say, I don't want him to have my number? 17 A He implied that he gave it to him already. 18 Q How did he imply that when you -- he says, what's your 19 cell? 20 You respond with the number. 21 He responds immediately with, cool, Harvey Weinstein 22 wanted it. 23 24 25 Immediately. So at what point do you know from that, that he has already transferred your number? A That was my assumption. I was also petrified of Page 1283 1 2 Harvey and Yul's involvement with Harvey. Q And do you say, why? 3 Do you say, I don't want Harvey to have it? 4 Do you say, what have your conversations with Harvey 5 been? 6 Do you ask any of those questions? 7 A Yes. 8 Q Actually, the question you ask is, really, that's 9 interesting, are you working with him? 10 A Right. 11 Q Not, I don't want him to have my number? 12 A Are you working with him is my way of trying to find 13 out what is going on. 14 Q And he says, no, I am not, right? 15 A Right. 16 Q And he asks how you are, correct? 17 A Correct. 18 Q And you don't respond. 19 And you wait until August 10th, 2 days later, and you 20 say, Yul, hey there. 21 imagined. 22 or there. 23 I am okay. Just more broke than I ever No insurance, et cetera. Just a few episodes here I haven't worked in years and I have been reaching out 24 to friends asking for help in any way, recommendations. 25 hoping Harvey has a job for me. I am Page 1284 1 2 It's funny because I have been meaning to call Harvey about something. 3 Is that what you said? 4 A I was fishing, yes. 5 Q When The New Yorker, wrote an article about Asia 6 Argento's allegations against Harvey, you responded to that, 7 correct? 8 9 10 MS. ILLUZZI-ORBON: it is she's referring to. MR. CHERONIS: 12 THE COURT: 13 MS. ILLUZZI-ORBON: 15 16 When you say, responded, we are going to object, unless we know what 11 14 Objection, Judge. I will show Ms. Illuzzi. Just clarify. I am going to object on not having context at this point. BY MS. ROTUNNO: Q Now, when you talked to Warren Leight via email back 17 on October 9th of 2017, actually, Warren Tweets something on 18 October 9, 2017, and you have a conversation with him, correct? 19 A Yes. 20 Q And then you have an email exchange and you imply in 21 that email that something had gone on between you and Harvey 22 during the filming of The Night We Never Met, correct? 23 24 25 A I don't know what you are reading, so I am not really clear on what you are talking about. Q Well, I am asking did you ever tell Warren Leight, Page 1285 1 whether it was email, in person or on the phone, did you ever 2 tell Warren Leight that Harvey was inappropriate to you during 3 the filming The Night We Never Met which was before the 4 allegations at Gramercy? 5 A Yes. 6 Q And the first time you ever mentioned anything about 7 that was in your conversations with Warren Leight in 2017, 8 correct? 9 A The first time -- I am sorry. 10 Q The first time you ever mentioned anything about some 11 issue between you and Harvey during The Night We Never Met was 12 when you talked to Warren in 2017? 13 A Yes. 14 Q You didn't talk to Warren about that while The Night 15 16 17 18 We Never Met was going on, correct? A We both talked about Harvey's difficulty while the movie was shooting, yes. Q And when you sat down with the prosecutors here in 19 January of 2019, you never talked about, other than him 20 threatening to sue you, you never talked about anything that 21 happened during The Night We Never Met other than the fact that 22 you were tired and you didn't want to do it and that he 23 threatened to sue you, correct? 24 MS. ILLUZZI-ORBON: 25 THE COURT: Objection. If you understand the question you Page 1286 1 can answer. 2 3 THE WITNESS: Q I don't understand the question. You never said that Harvey did anything sexual in 4 nature to you during the filming of The Night We Never Met when 5 you sat down and talked to these prosecutors in January of 6 2019? 7 MS. ILLUZZI-ORBON: 8 inappropriate. 9 separate things. Objection. Now she is saying sexual. She said They are two 10 What question is she asking her, if it was 11 continued from the other question or a new question? 12 13 MS. ROTUNNO: 16 17 I withdrew the question and that's the question. 14 15 It's a new question. THE WITNESS: You have to ask it again. I don't know if you want a yes or no. BY MS. ROTUNNO: Q When you sat down with the prosecutors on January 14th 18 of 2019, you never told them that Harvey did anything sexual in 19 nature to you during The Night We Never Met? 20 A Correct. 21 Q And the original contact with Yul asking for your 22 phone number was October 10, excuse me, October 8, correct? 23 I am sorry. 24 A I don't think so. 25 Q August 8 of 2017, correct? Page 1287 1 August 8, 2017, 10:18 a.m., correct? 2 A Sounds about right. 3 Q And you sent him those messages back and forth, you 4 went through the other one on August 10th where you say, you 5 know, I hope Harvey has a job for me. 6 7 And then you reached out to him on October 6th, 2017, and you say, so, Harvey, dot, dot, dot hmmm. 8 He responds back, bananas dude. 9 And you respond back three days later and say, hey 10 there I just need to know if you actually gave Harvey my phone 11 number, correct? 12 A Correct. 13 Q And that question was two months after you actually 14 gave Yul your cell phone number for Harvey, correct? 15 A Correct. 16 Q And he told you, no, the person who reached out never 17 got back to me. 18 19 And did you have an agent back in October of 2016, October of 2017, that you were working with? 20 A Yes. 21 Q And who was that? 22 A Um, I believe it was Abrams Artists. 23 Q And Abrams Artists is not one of the main 24 representation, the big three offices, that actors usually like 25 to use, would that be fair to say? Page 1288 1 A No. 2 Q It's not fair? 3 A No, correct. 4 Q Well, you tell me what the three major agencies are 5 6 7 that actors like to be represented by? A Abrams, CAA, um, William Morris. You can -- that consent that there is only three majors not exist any longer. 8 Q It did exist at some point, would that be fair? 9 A Twenty-five years ago, yeah, 20 years ago. 10 Q Do you have a different agent now than you had in 11 October of 2016? 12 A I fired -- I fired my agent. 13 Q And who is your agent now? 14 A Peter Levine. 15 Q From where? 16 A CAA. 17 Q And you have a civil lawyer who represents you, 18 correct? 19 A Yes. 20 Q And she is here in this courtroom, right? 21 A Yes. 22 Q Ms. Allred, right in the front row right behind me? 23 A Yes. 24 Q You don't pay Ms. Allred do you owe? 25 A No. Page 1289 1 Q Ms. Allred sits here every day? 2 A I don't know what she does. 3 Q Does she talk to you about what happens in this 4 courtroom? 5 6 MS. ILLUZZI-ORBON: A 9 THE COURT: Q Objection. No. 7 8 I see her here now. Sustained. She goes out in front of the cameras to talk about you and your case? 10 A I don't watch television. 11 Q So why did you hire her? 12 A Because I wanted to know what my rights were. 13 MS. ILLUZZI-ORBON: 14 THE COURT: I am not on social media. Objection. Overruled. 15 Q 16 correct? 17 A I am not sure what that means. 18 Q Well, you know that she represents people who have 19 And you know that she is a Plaintiff's civil lawyer, filed civil lawsuits, correct? 20 MS. ILLUZZI-ORBON: 21 THE COURT: 22 THE WITNESS: 23 is. 24 Q 25 Objection, Judge. Overruled. I am sorry. I don't know what that You don't know what a civil lawsuit is? The civil lawsuit that you were sued for for the Page 1290 1 apartment on Central Park West, you don't know what a civil 2 lawsuit is? 3 A I am not a lawyer. 4 Q You know this is a Criminal Court, correct? 5 A Now I do. 6 Q You know that your testimony here has criminal 7 I am sorry. ramifications, correct? 8 A Yes. 9 Q And you know that it's different if you go to another 10 building where we are not in front a criminal Judge with 11 criminal prosecutors, correct? 12 A Now I do, yeah. 13 Q And, Ms. Sciorra, you and Mr. Weinstein are only a few 14 years apart, correct? 15 A I am not really sure how old the defendant is. 16 Q You are almost 60, correct? 17 A Correct. 18 Q When were you dating Gary Oldman? 19 A Gary Oldman? 20 Q Yes. 21 A I was dating Gary for a brief period of time when we 22 were doing Romeo Was Bleeding. 23 Q So that was before your divorce was final? 24 A It was while -- after I separated from my husband. 25 Q And who were you dating in 1993, 1994, 19 -- Page 1291 1 MS. ILLUZZI-ORBON: 2 THE COURT: 3 Q Sustained. Were you dating in 1993? 4 MS. ILLUZZI-ORBON: 5 THE COURT: 6 THE WITNESS: Was I dating. Q Yes. 8 A Yes. 9 Q And who were you dating? 10 MS. ILLUZZI-ORBON: 11 THE COURT: Q Objection. I will allow that then move on. 7 12 Objection, Judge, objection. Objection. Sustained. The photograph of you in the Valium hat, Ms. Sciorra, 13 that photograph truly and accurately depicts the way you looked 14 in November of 1993, correct? 15 A At The Piano opening? 16 Q Yes. 17 A Yes. 18 19 MS. ROTUNNO: moved into evidence. I am asking that that photograph be I don't believe I moved that one. 20 MS. ILLUZZI-ORBON: 21 THE COURT: 22 MS. ROTUNNO: 23 THE COURT: 24 MS. ROTUNNO: 25 No objection. Okay, that is received into evidence. If I can have one moment, Judge. That's J, I believe is that correct? Yes. Judge, I would like to, if I can, use the ELMO, publish the photos to the jury and then Page 1292 1 I have one or one other piece of evidence after that. 2 3 THE COURT: Okay. Is 33, was that received into evidence? 4 MS. ROTUNNO: 5 Defendant's C to the jury showing Harvey 6 Weinstein on set. 7 8 Defense B showing Harvey Weinstein on set of Cop Land. 9 10 Publishing, Defense J to the jury. Defense L showing Ms. Sciorra and Sylvester Stallone. 11 Defense I the set of Cop Land. 12 Defense G the set of Cop Land. 13 Defense F set of Cop Land. 14 And Defense J, we already talked about. 15 16 17 Thank you. BY MS. ROTUNNO: Q Ms. Sciorra, as part of your press tour for Cop Land 18 on October 6th of 1997, excuse me, on August 6 of 1997, you 19 appeared on the David Letterman show, is that correct? 20 A I guess so. 21 Q Do you remember being on the David Letterman show? 22 A Yes, of course. 23 Q Was that the first time you were on the David 24 25 Letterman show? A Yes. I don't remember. Page 1293 1 Q Was that the only time you were on the David Letterman 2 show? 3 A Yes. 4 Q I am going to show you a clip from that. 5 MS. ILLUZZI-ORBON: 6 THE COURT: 7 sentence. 8 Q Objection. I would like to hear the rest of the I am going to show you a clip from that interview. 9 MS. ILLUZZI-ORBON: 10 THE COURT: 11 Objection. Step up. (Discussion held at the bench, off the 12 record.) 13 (The discussion off the record concluded, 14 and the following occurred in open court:) 15 MS. ROTUNNO: 16 I am marking this as Defense K. (Video is played in open court.) 17 MS. ILLUZZI-ORBON: 18 into evidence, Judge. 19 question. 20 THE COURT: 21 thing. 22 BY MS. ROTUNNO: Objection. Is this entered She didn't ask the witness a I was about to ask her the same 23 Q Ms. Sciorra, do you see that video? 24 A Yes. 25 Q Do you see yourself in that video? Page 1294 1 A Yes. 2 Q Do you see David Letterman in that video? 3 A Yes. 4 Q And that was the only time that you appeared on David 5 Letterman, was on August 6 of 1997, is that correct, that was 6 the only time you appeared David Letterman? 7 A I believe so. 8 Q You see this clip starting -- is that the clip of the 9 10 video you are sitting with David Letterman? A Yes. 11 MS. ROTUNNO: 12 MS. ILLUZZI-ORBON: 13 May I publish it to the jury? It hasn't been entered into evidence and the People object. 14 MS. ROTUNNO: Judge, I am asking that the 15 identification mark be stricken, that the video be entered 16 and that it be allowed to be published to the jury. 17 18 THE COURT: Defense K is received into evidence. Proceed. 19 (Video is played in open court.) 20 MS. ROTUNNO: 21 THE COURT: 22 MS. ILLUZZI-ORBON: 23 REDIRECT EXAMINATION 24 BY MS. ILLUZZI-ORBON: 25 Q Nothing further. Any redirect? Yes. Ms. Sciorra, in this interview on this comedy show in Page 1295 1 1997, were you talking in any way, shape or form about lying 2 about matters as serious as what we are here for? 3 A Absolutely not. 4 Q And were you indicating that you were, that you lie on 5 interviews when you get asked interview, after interview about 6 your personal life and so to shield your personal life you 7 would tell a -- you would spin a tale? 8 A Correct. 9 Q And the tales were about your father raising lamas in 10 the circus? 11 A Yes. 12 Q But this is not the circus right, Ms. Sciorra? 13 A No. 14 Q Ms. Sciorra, Ms. Rotunno asked you a lot of questions 15 about your apartment at Gramercy. 16 Do you remember all of those questions? 17 A Not all of them, no. 18 Q And do you remember all of those questions she asked? 19 A I remember there was a lot. 20 them. 21 Q I don't remember all of Do you know what information Harvey Weinstein had 22 about your apartment and whatever contact information he had 23 about you? 24 A About where I lived? 25 Q Yes. Did you know? Did you know? Page 1296 1 A Well, Miramax would have had my contact information. 2 Q I can't hear you. 3 A Miramax would have had my contact information and my 4 address. 5 Q 6 correct? 7 A Correct. 8 Q And so, they have your contact information? You had just finished a Miramax Films, is that 9 10 MS. ROTUNNO: Q Objection. Is that routinely correct? 11 THE COURT: Overruled. 12 A Yes. 13 Q I am going to show you an exhibit which we have marked 14 People's Exhibit Number 51. 15 16 MS. ILLUZZI-ORBON: Rotunno. 17 MS. ROTUNNO: 18 MS. ILLUZZI-ORBON: 19 thing. 20 Q I am sorry. MS. ROTUNNO: 22 MS. ILLUZZI-ORBON: 23 Thank you. 25 This is a by stipulation So I show you People's Exhibit Number 51, Ms. Sciorra. 21 24 Would you like to see it, Ms. Judge, if we can approach. I will take that. (Discussion held at the bench, off the record.) Page 1297 1 (The discussion off the record concluded, 2 3 and the following occurred in open court:) BY MS. ILLUZZI-ORBON: 4 Q Ms. Sciorra, once again, I am going to show you 5 People's Exhibit number 51 for identification. 6 at it. 7 8 If you can look And if you can read the information on their about you. 9 What does it say? 10 Don't tell us what it says. Just look at that address 11 and apartment number and tell us if that was accurate at the 12 time that Harvey Weinstein burst into your apartment in that 13 winter between 1993 and 1994? 14 A Yes. 15 16 MS. ILLUZZI-ORBON: People's Exhibit Number 51. 17 THE COURT: 18 MS. ROTUNNO: 19 20 I enter it into evidence as Over your objection. Yes, Judge. BY MS. ILLUZZI-ORBON: Q It's the contact for the Weinstein Company, Judge, and 21 here is the contact information that the Weinstein Company has 22 for Ms. Sciorra? 23 THE COURT: 24 evidence. 25 Q People's 51 is received into Stop testifying please. Mr. Sciorra, this apartment number, I am going to Page 1298 1 circle right here, this apartment number, 17 L and M, is that 2 the apartment number that Ms. Rotunno asked you a lot of 3 questions about? 4 A Yes. 5 6 MS. ILLUZZI-ORBON: can I have those photographs that you have? 7 8 9 Now, can I -- Ms. Rotunno, MS. ROTUNNO: Q Yes. So, Ms. Sciorra, Ms. Rotunno asked you about the filming of Cop Land and who was there at what time? 10 A Right. 11 Q Ms. Sciorra, I am going to show you Defense F in 12 evidence. 13 A Yes. 14 Q Is that you over there with the bun on the right-hand 15 side? 16 A Yes. 17 Q Who are you talking to? 18 A I am not sure who that is. 19 Q Okay. 20 A It's definitely not Harvey Weinstein. 21 Q And here you are in Defense G. 22 Do you recognize that photo? No problem. I am sorry. It's not Harvey Weinstein, right? It looks like you are talking to the same man, is that correct? 23 A Yes. 24 Q Okay. 25 A No. That's not Harvey Weinstein, right? Page 1299 1 2 Q Do you see Harvey Weinstein in the foreground at all over there? 3 A I am sorry. 4 Q And here, in Defense I, tell us what that is? 5 A That was a prop photo that was taken to resemble me -- 6 No, I don't. resemble my high school prom picture. 7 Q That was taken during the filming of Cop Land? 8 A Yes. 9 Q Harvey Weinstein is not in this photo. 10 A No. 11 Q And this Defense A, new defense A. 12 Is that Defense A? 13 THE COURT: D. 14 THE CLERK: D. 15 Q I am sorry, D, who is in that photo? 16 A Sylvester Stallone and myself. 17 Q Were you on set with Sylvester Stallone? 18 A Yes. 19 Q Were you on set with Harvey Weinstein? 20 A No. 21 Q Now, here are some additional photographs. 22 Defense B. 23 Okay. This is Do you recognize the people in that photograph? 24 A Yes. 25 Q Who are they? Page 1300 1 A Harvey Weinstein, Cathy Conrad and Meryl Poster. 2 Q So the woman with her knees up is not you, right? 3 A No, that's Meryl Poster. 4 Q Were you there during the taking of that photograph? 5 A No. 6 Q And looking at Defendant's C, can you tell us the 7 8 9 people in that photograph? A Meryl Poster, Harvey Weinstein, Robert De Niro and Cary Woods, I believe his name was. 10 Q That's the guy all the way to the right? 11 A Yes. 12 Q You are not in that photograph? 13 A I never worked with Robert De Niro. 14 Q So is it true, Ms. Sciorra, when you are filming a 15 movie, that you are on set for your parts being filmed, is that 16 correct? 17 A 18 19 20 21 22 23 24 25 Yes. (Continued on the next page.) Page 1301 1 2 Q Are you on set while other parts are being filled you have no involvement in? 3 A No. 4 Q Do you remember approximately how many days you were 5 actually on set during the filming of Cop Land? 6 A Maybe ten. 7 Q Do you recall at any one of those ten days that Harvey 8 Weinstein was on set? 9 A What is the question? 10 Q Do you remember Harvey Weinstein being on set any one 11 of those ten days? 12 A No. 13 Q Ms. Sciorra, Ms. Rotunno asked you about a friend of 14 yours, I think she said Paul Feldscher. 15 Can you tell us what your relationship is, how you met 16 him to the best of your recollection and what your relationship 17 with him is? 18 A 19 with ICM. 20 Feldscher had been fired and it was his last day at ICM and he 21 was at the dinner. 22 23 Q I met Paul the day that I signed, the first day I was My agent, Carla Hacken, took me out to dinner. Paul Was he very, very good friends with somebody who worked for Miramax for many years? 24 A Very, very good friends with Meryl Poster. 25 Q In the last 25, 30 years, approximately, approximately Page 1302 1 2 how many times have you spent time with Paul Feldscher? A 25 years, last ten years, not at all. 3 ten years before, maybe two or three times. 4 little bit more. 5 Q Before that, the Before that, a Now, Ms. Rotunno asked you about whether you told Paul 6 Feldscher that you did something stupid and had sex with Harvey 7 Weinstein, do you remember that question? 8 A Yes I do. 9 Q I'm paraphrasing, I don't have the exact question. 10 A I understand. 11 Q That is true? 12 A No. 13 Q Did you tell Paul Feldscher that? 14 A No. 15 Q Is there any possibility you told Paul Feldscher that? 16 A Absolutely no possibility. 17 Q Now, you have Paul Feldscher in your cell phone 18 contacts, correct? 19 A I do. 20 Q After you became public with what had happened between 21 22 you and Harvey Weinstein, did Mr. Feldscher reach out to you? A 23 MS. ILLUZZI: 24 25 Yes, he did. I'm going to show defense an exhibit marked People's Exhibit Number 53 and -- 52 and 53. Q I'm going to show them to the witness. Page 1303 1 ( Handed to witness). 2 Q What is number 52, tell us what that is? 3 A Sorry. 4 Q Tell us what that is? 5 MS. ROTUNNO: 6 THE COURT: Objection, hearsay. Overruled right now. 7 A Number 52 is his contact from my cell phone. 8 Q Okay. 9 You have his e-mail on your cell phone. And how is he identified in your cell phone? 10 A Paul Feldscher. 11 Q If you look at number 53. 12 A Yes. 13 Q Did Mr. Feldscher send you a message after you had 14 become public about Harvey Weinstein? 15 A Yes. 16 Q And did you screenshot that message? 17 A I did. 18 MS. ILLUZZI: 19 evidence. 20 THE COURT: 21 MS. ROTUNNO: 22 THE COURT: 23 24 25 We move both 52 and 53 into Any objection? Same objection. 52 and 53 are received into evidence. Next question. Q Can you read to the jury what Mr. Feldscher told you once you became public with what had happened between you and Page 1304 1 2 Harvey Weinstein? A Bella, Meryl Poster asked me for your number. 3 have asked you before I gave. 4 stuff, bewildered too. 5 this point but love to see a pic. 6 and friend back, I hope you are all well. 7 way too much for text, but obviously acknowledge goes to that 8 awfulness, then an X mark. 9 10 11 Q A Can't imagine what the kids are like at Would love healing and peace, Current events are Do you know what Mr. Feldscher's current relationship No. MS. ILLUZZI: 13 15 Sorry about a bunch of is with Mr. Weinstein? 12 14 Sorry. I should I have an exhibit marked People's 54 for identification I'm showing to defense. Q You don't know if Mr. Feldscher is in any way working in some way for Mr. Weinstein, do you? 16 A I'm sorry? 17 Q You don't know if Mr. Feldscher is working for Mr. 18 19 Weinstein currently, do you? A I don't know. 20 MS. ILLUZZI: May I have my exhibit back. 21 MS. ROTUNNO: Can we approach? 22 THE COURT: 23 24 25 Yes. ( Conversation held off the record). Q So again, you don't know what their current relationship is, I think you answered that, is that correct? Page 1305 1 A Yes. 2 Q I'm going to ask you a few more questions about things 3 Ms. Rotunno had brought to your attention you had talked to Ms. 4 Rotunno about, Rotunno, I am trying to pronounce it properly out 5 of respect, sorry. 6 You had spoke to her about a movie doctor. 7 explain a little bit to the jury what that means, the movie 8 doctor? 9 10 A Can you In the old days before you started a movie, you had to go for a physical to make sure you were in good health. 11 Q You've got to speak louder. 12 A In the old days you had to go see a doctor before you 13 started a project to make sure you were in good health so you 14 weren't an insurance liability. 15 Q And, if you were ill or you needed to see somebody when 16 you were busy filming movies and what have you, would you be 17 able to see the movie doctor? 18 A Yes. 19 Q Could the movie doctor give you medication at times? 20 A Yes. 21 Q Would the movie, could the movie doctor also give Mr. 22 23 Weinstein medication? A Yes. 24 MS. ROTUNNO: 25 THE COURT: Objection. Overruled. Page 1306 1 2 Q You had indicated that you were briefly married but separated very quickly, is that correct? 3 A Yes. 4 Q Did you live with your husband at that Central Park 5 apartment? 6 A No. 7 Q When you moved, so had you already been separated when 8 9 10 11 12 you moved to the Central Park apartment? A Yes, we separated and I moved there and he stayed in the other apartment. Q And when you moved to Gramacy, did you move there alone? 13 A Yes. 14 Q Ms. Rotunno asked you about a 350 thousand dollar 15 lawsuit, do you remember that? 16 A Yes. 17 Q Did you pay anyone 350 thousand dollars? 18 A No. 19 Q Ms. Rotunno asked you about the dinner that occurred 20 before the defendant drove you home on the night he burst into 21 your apartment, do you recall that? 22 A Yes. 23 Q And she asked you whether or not you recalled that a 24 25 friend of his who was a judge was possibly at that dinner? A I recall the question. Page 1307 1 2 Q Do you remember anybody else who could have been at that dinner, who was at that dinner? 3 A Not for certain, no. 4 Q Do you recall having a conversation with Uma Thurman 5 that evening prior to leaving the restaurant? 6 A Yes. 7 Q Ms. Rotunno asked you about your neighbors. She asked 8 you about your neighbors at Gramacy, do you recall those 9 questions? 10 A Yes. 11 Q We showed you this photograph, People's Exhibit Number 12 26 which displays your combined apartment M and L; is that 13 right? 14 A Yes. 15 Q To the left, that D? 16 A Yes. 17 Q What is that, do you recall? 18 A I believe that is a staircase. 19 Q To the right, was that another apartment or something 20 else? 21 A No, I believe that is a trash room. 22 Q Now, beyond your apartment you had what appeared to be 23 like a little vestibule behind double doors, is that correct? 24 A Yes. 25 Q Were those double doors just kept like they are in the Page 1308 1 photograph, were they opened or -- do you recall? 2 A I don't recall. 3 Q And Ms. Rotunno asked you where your nearest neighbor 4 was, do you recall? 5 A Yes, I do recall. 6 Q Do you recall now, looking at this photograph, even if 7 it does not show it, where your closest neighbor might have 8 been? 9 A I think it was to the right. 10 Q Would that be to the right of the hallway by the 11 elevator? 12 A Yeah, I believe it was in there. 13 Q Even if you don't remember their names now, 26 years 14 later, 27 years later, do you recall meeting your neighbors? 15 A Yes. 16 Q Speaking to your neighbors? 17 A Yes. 18 Q Do you recall seeing them face-to-face? 19 A Yes. 20 Q Would it have been extraordinarily odd for one of your 21 neighbors to knock on your door? 22 A No. 23 Q You were asked about the doorman situation. Looking at 24 People's Number 23, when you would walk into your apartment 25 building in the evening, was the doorman always in the same Page 1309 1 place? 2 A No. 3 Q Where would they be? 4 A Someplace in the area of right near the door or by that 5 area or just sort of walking up and down. 6 Q Was it a fairly active hallway? 7 A No. 8 Q Did they log in, did you observe them logging in 9 everyone who came in? 10 A Not everyone, no. 11 Q Ms. Rotunno asked you and went through many questions 12 about how it was that when you opened your door a crack, Mr. 13 Weinstein pushed through. 14 15 My recollection is Ms. Rotunno asked you repeatedly why you did not run out, do you remember the questions? 16 A Yes. 17 Q You were describing or started to describe that the 18 defendant was very large, is that correct? 19 A Yes. 20 Q And so, I'm going to ask, with the Court's permission, 21 for you, you can just stand up, Ms. Sciorra, and if you could 22 explain the physicality of the situation to the jury from the 23 moment that you hear a knock at the door and you open it a 24 crack. 25 A I just opened it to look out to see who it was and the Page 1310 1 door just flew open. 2 MS. ILLUZZI: 3 Ms. Sciorra is indicating with her right hand a big motion from her chest away. 4 Q Continue. 5 A Could have been the left hand, I don't remember. 6 7 8 And he just walked right in, just walked right in. Q The first thing in your apartment was that vestibule, is that correct? 9 A Yes. 10 Q Can you tell us whether or not the vestibule, like how 11 12 much wider was it than the witness box you are sitting in? A A little bit wider, maybe to here. 13 MS. ILLUZZI: Indicating, your Honor, from the 14 Judge's bench to the very L end of the witness box, is that 15 correct? 16 A Yes. 17 THE COURT: 18 MS. ILLUZZI: Approximately what? You have those, the Judge knows, but 19 I'm going to say approximately four feet, does that sound 20 about correct? 21 A Yeah. 22 Q Did you, were you able to have egressed pass this man? 23 A No. 24 Q After the vestibule, you said next was like a dining 25 area, is that correct? Page 1311 1 A Yes. 2 Q And the bedroom was beyond the dining area, is that 3 4 5 correct, if you can describe it for us please? A The dining area led off into like a little hall where there was a bathroom and the bedroom. 6 Q So, the bathroom was not in the bedroom, right? 7 A No. 8 Q It was in a hallway? 9 A Yes. 10 Q You had indicated that you had, you tried to get to the 11 bathroom? 12 A 13 Yeah, when I saw him closing in on me, then I tried to back up but I was not really looking into the bathroom. 14 Q Did you pass, did you back up like past the dining 15 area? 16 A Yes. 17 Q Now, you indicated to Ms. Rotunno that you, that the 18 defendant was doing something like sort of oh, let's go into the 19 bedroom, can you describe that for us? 20 A 21 22 23 24 25 Sorry, is somebody taking pictures back there, sorry. THE COURT: Q You can have a seat by the way. You can have a seat. You indicated that the defendant was saying something as he was sort of walking towards you. Can you describe that again to the jury please, take your time, go ahead. Page 1312 1 A He was just trying to get me in the bedroom. He was 2 saying you know, let's go, let's go in the bedroom. 3 you know, like I said, he kind of like took a little, a little 4 walk, not to the other bedroom, but just a walk around the 5 living room, sorry, the dining room, looked in the living room 6 and was unbuttoning -- it is hard for me to remember exactly 7 what he said because I was already starting to panic. 8 9 10 Q But he was, What was his affect, like his demeanor, the tone of his voice? A Like he was the boss, he owned the apartment. 11 MS. ROTUNNO: 12 THE COURT: Objection. Overruled. 13 A He owned the apartment, he was the boss. 14 Q And you had said like in a way friendly, explain that? 15 A You know, just like that we should be friends and we 16 17 18 should go in the bedroom and that kind of -Q Was your demeanor or affect the same towards him, were you also acting happy and friendly? 19 A Not at all. 20 Q What was it that you were saying? 21 A I was asking him to leave. 22 Q At what point does he grab the front of your nightgown? 23 A When I cannot back up any further, instead of going 24 25 into the bathroom, my back hit the door. Q Of? Page 1313 1 A The door of the bathroom, the door frame of the 2 bathroom. 3 Q Is that when he put his hands on you? 4 A Yes. 5 Q Ms. Rotunno asked you whether or not you had told 6 anyone immediately about what happened to you, do you remember 7 those questions? 8 A Yes. 9 Q Over the last 30 years, 28 years, 25 years, did you 10 tell people what happened? 11 MS. ROTUNNO: 12 THE COURT: Objection. Overruled. 13 A Yes. 14 Q Do you remember the name of the person you did tell? 15 A Yes. 16 Q Who? 17 A Rosie Perez. 18 Q Any other friends, whether they live in L. A or New 19 York, or wherever they are? 20 A Joanne Goulberne. 21 Q Who is Joanne Goulberne? 22 A She's a friend for many years. 23 24 25 She lives in L. A now, she's a D. O. U. L. A. Q Ms. Rotunno asked you, Rotunno asked you about going to some Miramax events and continuing to work in this industry, Ms. Page 1314 1 Sciorra, how do you make a living? 2 A Acting. 3 Q So, did you continue to act after this happened? 4 A I did, not as much as I was before. 5 Q Did you continue to try to get to events and try to get 6 auditions and roles in movies? 7 A Yes. 8 Q You had spoken about giving your number, giving Yul 9 your number? 10 A Yes. 11 Q That was on August eighth, actually August ninth of 12 2017? 13 A Yes. 14 Q At some point then, you got a message from that person 15 who identified themselves as Seth; is that right? 16 A Yes. 17 Q He first called you, is that correct? 18 A Yes. 19 Q Then he sent you a text message? 20 A He called more than once and then sent a text message. 21 Q I'm going to show you an exhibit marked -- 22 MS. ROTUNNO: I object, beyond the scope of cross. 23 MS. ILLUZZI: I will approach and tell you why it 24 25 is not. THE COURT: Go ahead, overruled. Page 1315 1 MS. ILLUZZI: 2 Showing defense People's Exhibit Number 54 for identification. 3 THE COURT: 4 MS. ROTUNNO: 5 THE COURT: 6 ( Conversation held off the record). 7 Q THE COURT: 9 MS. ILLUZZI: 11 Q Sure. Hold on, you can resume your seat. Sorry. Showing you an exhibit marked People's Exhibit Number 35. 12 THE COURT: 13 MS. ILLUZZI: 14 May we approach? Showing you an exhibit. 8 10 That has to be 55, 54 was marked. Q If this is new it is 55. Sorry, 55, I apologize, 55. Do you recognize that? 15 THE COURT: Speak into the mic. 16 A It says 35. 17 Q I know, I'll fix it. 18 A Okay. 19 Q I didn't say read. 20 21 Hi Ms. Sciorra. THE COURT: A Sorry. 22 THE COURT: 23 MS. ILLUZZI: 24 25 Q Hold on. Ask her the question. I'm going to ask some questions. Ms. Sciorra, in addition to phone calls, did you receive any text messages from this person named Seth who Page 1316 1 purportedly was a reporter for the Guardian? 2 A Yes. 3 Q Showing you People's Number 55, what is that? 4 A A text message from this guy Seth. 5 Q And what was he asking you, what was he purportedly 6 asking you about? 7 speak to you? 8 9 A What was his stated reason for wanting to He said he was doing a piece about how movies had changed since the 90's. 10 Q And did you ever grant him that interview? 11 A No. 12 Q So you never really got to listen to his questions? 13 A No. 14 Q Okay, but he sent you that text? 15 A Yes. 16 MS. ILLUZZI: 17 I offer it into evidence as People's 55. 18 THE COURT: 19 MS. ROTUNNO: 20 THE COURT: Over your objection. Yes. 55 is received into evidence. 21 Q Now, you can read it. 22 A Hi Ms. Sciorra, it is Seth, the journalist in London. 23 Might you have time for a very quick call to help with our 24 piece. 25 for our research, thanks. No more than 10 minutes, and it will be really useful Page 1317 1 Q When you were asked about whether or not you told 2 someone that, told Warren Leight that Harvey Weinstein had not 3 been sexually inappropriate with you during the filming of The 4 Night We Never Met, is that true, was he sexually inappropriate 5 during that period of time while you were filming The Night We 6 Never Met? 7 A No. 8 Q That was prior to him coming into your apartment, is 9 that correct? 10 A Yes. 11 Q But had he sent you those chocolate penises? 12 A Yes. 13 Q So, that is inappropriate, is it sexually -- in your 14 mind, is it sexually inappropriate? 15 A Yeah. 16 Q You were asked about, you were asked a lot of questions 17 about Cop Land. 18 Just so we are clear on that, we have a script that you 19 were given, People's Exhibit Number 50 in evidence. 20 colored script. 21 auditioned for Cop Land? This blue Is this the script that you used when you 22 A Yes. 23 Q It says William Morris Agency on it, is that correct? 24 A Yes. 25 Q How is the William Morris Agency related to this? Page 1318 1 A Because my agent at the time was William Morris. 2 Q What is the name of that agent? 3 A Lee S. T. O. L. M. A. N. 4 Q Who advised you that because you had come so far in the 5 negotiations and in the read throughs on Cop Land, that you had 6 to do it? 7 A My agent. 8 Q So, you took the advice of your agent, was that after 9 10 11 Harvey Weinstein, through his office, threatened to sue you if you didn't? A Yes. 12 MS. ILLUZZI: 13 THE COURT: 14 MS. ROTUNNO: 15 RECROSS EXAMINATION 16 BY MS. ROTUNNO: 17 Q I think nothing further. Any recross? Just briefly. Ms. Sciorra, Ms. Illuzzi showed you a photograph copy 18 of a contact that you did not generate, correct, with an address 19 with your name on it, correct? 20 A Oh yes. 21 Q People's Exhibit 51? 22 A Yes. 23 Q You have no idea where this came from? 24 A No. 25 Q You have no idea where this address, or why it is here, Page 1319 1 correct? 2 A Can you say that again. 3 Q Well, you don't know how this got here, you did not 4 type this up yourself? 5 A No I didn't. 6 Q It has 60 Gramacy question mark after it, apartment 17 7 L M and the zipcode is 100 question mark question mark, correct? 8 A Yes. 9 Q And in 1993, did you have an e-mail address? 10 A Did I, it is hard to hear. 11 Q Did you have an e-mail address in 93? 12 A No. 13 Q And you, the night that Harvey's driver drove you home, 14 you never said I live at 60 Gramacy, apartment 17 L M, correct? 15 A Correct. 16 Q When you received the chocolate penises, how did they 17 come packaged? 18 A They were in a white box. 19 Q Did they have a sticker on them from what confectionery 20 they may have come from? 21 A I don't recall. 22 Q Did they have a card with them? 23 A Yes. 24 Q What did the card say? 25 A I don't recall, but it was from Harvey. Page 1320 1 Q Did you save the card? 2 A No. 3 Q Did you take a photo of the card? 4 MS. ILLUZZI: 5 THE COURT: 6 7 Q Objection. Overruled. Did you take a picture of the card, did you memorialize it in any way? 8 A No. 9 Q Did you show it to anybody? 10 A Yes. 11 Q Who did you show it to? 12 A Christie Koleopolis (phon). 13 Q And what were the size of these chocolates, how large 14 15 was the box? A The box was about this big. 16 MS. ROTUNNO: 17 Indicating for the jury six by eight. 18 Q And what was inside, how were they packaged? 19 A It was just a box of chocolate penises. 20 Q Did you call him? 21 A Like on a lollipop stick. 22 Q Did you call him and say what is this? 23 A No. 24 Q Why did you send this? 25 A No. Page 1321 1 2 Q He showed up for the filming, did you say why would you send this to me? 3 A I was already under contract to do a movie. 4 Q So what. 5 Did you ask him whether or not or why he would send those to you? 6 MS. ILLUZZI: 7 THE COURT: 8 A 11 MS. ROTUNNO: Q you told them you never told anyone about this, correct? MS. ILLUZZI: 13 THE COURT: 15 If I can have one minute, Judge. When you talked to the D.A's office in January of 2019, 12 14 Overruled. No. 9 10 Objection. Q Objection as to when. Overruled. January 14th of 2019 when you sat down with the D.A's, you told them I never told anyone about this, correct? 16 A About being raped? 17 Q Correct. 18 A I don't recall. 19 Q And you say today that you told Rosie Perez, but you 20 21 22 23 24 25 have no idea when that conversation took place, correct? A It was in the weeks or months, maybe a few months after. Q Oh. Well, did Rosie Perez call you on a daily or weekly basis and say how are you doing after that horrible attack? A No. Page 1322 1 2 Q So, you told her and then it was gone, nobody ever talked about it again? 3 A No, I forgot that I told her. 4 Q You forgot that you told her because she never asked 5 you about it, correct? 6 A I don't understand your question. 7 Q Well, after you believe that you told her, did she call 8 up her friend and say Annabella, how are you doing after that 9 horrible attack? 10 11 A I don't recall a lot of that year after I was raped because I was in an extreme case of trauma. 12 MS. ROTUNNO: Nothing further. 13 MS. ILLUZZI: I do. 14 THE COURT: 15 RE-REDIRECT EXAMINATION 16 BY MS. ILLUZZI: 17 18 Q Okay. Ms. Sciorra, do you recall when you were in London at the end of 1994? 19 MS. ROTUNNO: 20 THE COURT: 21 MS. ILLUZZI: Beyond the scope. Beyond the scope. It is about Rosie Perez. 22 just listen to my questions. 23 THE COURT: 24 ( Conversation held off the record). 25 MS. ILLUZZI: I'll hear first. I have another question. Judge, Page 1323 1 Q When you met with the D.A's Office in January of 2018, 2 2018 or 19, 2019, did you give the D.A's Office a list of people 3 who you had spoken to over the years? 4 A Yes. 5 MS. ILLUZZI: 6 I'm going to show you People's Number 56 marked for identification. 7 ( Handed to witness). 8 Q Do you recognize the names on that list? 9 A I do recognize the names. 10 Q Did you give the D.A's Office those names for the 11 people who had some knowledge? 12 13 MS. ROTUNNO: Q A lot or a little about this case? 14 MS. ROTUNNO: 15 THE COURT: 16 17 Q Objection. Objection. Sustained. Did you provide those names as people you had spoken to about this? 18 MS. ROTUNNO: 19 THE COURT: 20 MS. ILLUZZI: 21 THE COURT: 22 MS. ILLUZZI: 23 THE COURT: 24 ( Conversation head off the record). 25 Q Objection. Sustained. I'll take it back. That was 56. Yes, can we approach. Sure. Ms. Sciorra, where did you live after 60 Gramacy? Page 1324 1 A 59 West 12th Street. 2 MS. ROTUNNO: 3 THE COURT: Objection. Repeat that. 4 A 59 West 12th Street. 5 Q When did you -- approximately, when was that, what year 6 was that? 7 A 8 The end of 2015 into maybe the spring 2016. 2016, I'm sorry, I'm getting tired. 9 Q That is okay, take your time. 10 A 96, spring 96. 11 Q 1996? 12 A Yes. 13 Q You were in 60 Gramacy before that? 14 A Yes. 15 Q By 1996 you were somewhere else? 16 A Yes. 17 MS. ILLUZZI: 18 THE COURT: 19 20 Sorry, not Thank you. Thank you very much for your testimony, you may step down, you are excused. A Thank you very much. 21 ( Witness exits courtroom). 22 THE COURT: 23 Jurors, we are going to take a break, let me ask a 24 question before. 25 morning? Remain seated. Who are you calling next tomorrow Page 1325 1 MS. ILLUZZI: 2 THE COURT: Dr. Ziv. That is who we will hear from 3 tomorrow morning 9:30 a.m. 4 then. 5 We will stand in recess until Remain mindful of all my prior admonitions and 6 instructions. 7 open mind, do not form an opinion as to the guilt or 8 innocence of the defendant. 9 During this or any other recess, keep an Do not discuss this case among yourselves or with 10 anyone else nor allow anyone to discuss it in your 11 presence. 12 And absolutely refrain from any and all 13 communications or research, electronic or otherwise, about 14 anything whatsoever to do with this case. 15 avoid any and all media, press attention in this case. 16 Have a pleasant afternoon and evening, see you tomorrow 17 9:30 a.m. 18 ( Jury exits courtroom). 19 THE COURT: 20 MS. ILLUZZI: 21 THE COURT: 22 MS. ILLUZZI: And obviously Any issues before -Yes, please. Yes issues. Thank you. Your Honor, obviously 23 the People and the defense will at times wish to offer into 24 evidence some of the materials that were obtained by search 25 warrant and by the bankruptcy court and by TWC through Page 1326 1 2 their lawyers, Seyfarth Shay. And towards that end, we entered into a 3 stipulation with the defense regarding that and had 4 mutually agreed relevant e-mails would be coming in. 5 And so, we have here five or six relevant e-mails, 6 they are the red flag list, a redacted per the Court's 7 instructions. 8 Feldscher 60 thousand dollars, and the defendant says Bob 9 and Dave, please send 60 thousand dollars to Paul Feldscher 10 11 They have the defendant wiring this guy Paul A. S. A. P. You can put it as a personal expense that I will 12 reimburse to TWC, but we need to get him the money now, 13 that is April of 2017. 14 Now, they opened on the fact she has a friend who 15 she said oh, I had a consensual trist with the defendant, 16 this is the guy. 17 Next is -- 18 MR. CHERONIS: I object to her reading all the 19 e-mails, it is not necessary. 20 MS. ILLUZZI: 21 MR. CHERONIS: The jury is not here. That is not the point. The issue 22 is getting them through the correct channel. 23 want her to call somebody from Google, that is the issue. 24 MS. ILLUZZI: 25 THE COURT: We did not I will continue. I agree, they are relevant in the way Page 1327 1 you said. 2 covered them simply coming in. 3 I don't know to what degree the stipulation So, if I need to hear you further on it I will or 4 you can hand them to me and I'll look at them. 5 complaint right now is that you have to call somebody to 6 get them into evidence? 7 MS. ILLUZZI: 8 MR. CHERONIS: 9 MS. ILLUZZI: But the That is not per the stipulation. Absolutely wrong. What they are saying then is they 10 will have to call someone from the company to get in any 11 e-mails that they wish to admit into evidence if they don't 12 have the speaker or the person who the e-mails were sent to 13 on the stand. 14 15 16 If that is the case, that is fine. But these were all authenticated and they are all relevant. So, if they wish us to call a former employee of 17 TWC then that is what we will have to do. 18 what they will have to do too, here are the e-mails. 19 20 21 22 THE COURT: I guess that is I would rather see the stipulation, not the e-mails. MR. CHERONIS: I can speak to Ms. Illuzzi, my issue was Sciorra never seen that e-mail before whatsoever. 23 THE COURT: I agreed with you at the time. 24 MR. CHERONIS: 25 THE COURT: At that time. I still agree it is a relevant e-mail, Page 1328 1 she was not the right person on the witness stand. 2 stipulate to it coming in, it can come in. 3 MS. ILLUZZI: If you If it can come in Judge, we assumed 4 without even a witness, without even a witness it can come 5 in, like other pieces of evidence come in when they have 6 been stipulated to in terms of their authenticity, and that 7 if you decide they are relevant they should come in. 8 If they want me to call a live witness, because 9 what they said they were stipulating to is no longer the 10 case. 11 12 MR. CHERONIS: That is not the issue, it was not relevant to that witness, that was the issue we raised. 13 THE COURT: All right, so you are agreeing Ms. 14 Illuzzi can put them in simply because they are relevant 15 and the authenticity is stipulated to and she should just 16 do it without Ms. Sciorra on the stand. 17 18 MR. CHERONIS: I'll discuss it with Ms. Illuzzi. We have no disagreement, that is a relevant e-mail. 19 MS. ILLUZZI: I want to discuss it now, otherwise 20 I will have a witness here tomorrow to put the e-mails in. 21 I want them in here, Sciorra testified, they are relevant 22 now. 23 24 25 MR. CHERONIS: I'll not make her do that. Ms. Sciorra was not the proper witness for that. THE COURT: I do agree with one thing, I want to Page 1329 1 decide this definitively now. 2 me and I'll rule. If you are objecting, tell If you are not I won't have to rule. 3 MR. CHERONIS: Sure. 4 MR. AIDALA: Can we have a minute. 5 THE COURT: Sure. 6 MS. ILLUZZI: We are in the same place. I have 7 one, two, three, four, five, six e-mails with two of them, 8 three of them having attachments that are relevant and 9 should come in immediately tomorrow morning. 10 11 12 13 14 And if there is any issue with them, I will bring a live witness to do that. THE COURT: Is there a disagreement about their relevance? MR. CHERONIS: There may be, there is no 15 disagreement regarding the fact the foundation has been 16 met, which is what we spoke to the Government about. 17 18 19 We will not make them call somebody in to lay a foundation from Google, these are actual e-mails. MS. ILLUZZI: I would like to discuss with the 20 Court each and every one of these e-mails and their 21 relevance, that is what I was attempting to do when the 22 defense wished not to. 23 relevance of each. 24 25 MR. CHERONIS: pretrial motions. But I would like to discuss the A couple the Court ruled on in Page 1330 1 THE COURT: I'm ready to rule. They all come in, 2 they are all relevant and the foundation has been 3 stipulated to. 4 Again, this is up to you attorneys, I suggest that 5 if there is a problem with this blacking out, that you, you 6 don't have to do it, that you not just black it out, but 7 that you in fact doctor it so it does not look like -- 8 9 10 11 MS. ILLUZZI: We did it, yes, because we had, we put in out of 167 lists, we put in one page, the page Ms. Sciorra appeared on, that is the one thing. The second thing is where the defendant actually 12 distinguishes between the people on the list and someone 13 else and he says Linette is a friend, distinguishing them. 14 15 16 17 18 19 20 THE COURT: That is fine by me if that is satisfactory to you. MR. CHERONIS: We will discuss potential redactions. THE COURT: appropriate. Put them in whenever you feel is I think you had another. MR. CHERONIS: I have another issue. We have 21 filed a motion in limine and a motion to dismiss regarding 22 Dr. Ziv based on some of her grand jury testimony. 23 The Court denied our motion but did note there 24 were certain things in the grand jury that may have been 25 better had she not testified to those. Page 1331 1 I want to make sure we have the State's disclosure 2 in determining what the proper sort of balance is what she 3 will testify about, because we made an issue about that 4 with the grand jury motion to dismiss, and the Court did 5 note that there were some potential issues. 6 MS. ILLUZZI: To eliminate any wonder about 7 anything that Dr. Ziv will be testifying to, we provided 8 the defense a power point that goes step by step about what 9 her testimony will entail. 10 And there was one piece where the Court opined 11 almost dicta in a way on your decision you did not think 12 was particularly appropriate, so we cut that out of her 13 testimony. 14 But I will make sure that we are talking about the 15 same thing and she's coming on tomorrow morning after these 16 exhibits come into evidence. 17 18 19 MR. CHERONIS: I'll look at the new power point, hopefully there will not be an issue. MS. ILLUZZI: There is another issue. The defense 20 earlier gave us a written letter of sorts regarding -- 21 actually to you Judge and gave us a copy of their objection 22 to Rosie Perez testifying. 23 address that now. 24 THE COURT: 25 MS. ILLUZZI: I would like if we could to Okay. Ms. Sciorra was cross examined Page 1332 1 repeatedly and the name of the cross examination was recent 2 fabrication. 3 in on the fact that it was not until Ronan Farrow cajoled 4 Ms. Sciorra into saying this will really help people, will 5 you tell me, will you tell me, and in fact spoke to her 6 about some words that she had or comments with Asia 7 Argenta, I did not understand it, but regarding I guess the 8 thought that Ms. Sciorra was inventing this scenario in 9 order to come public with a story, I guess in October of 10 And in particular, the defense lawyers honed 2017. 11 I assume that is their position, so Ms. Perez will 12 testify that in fact Annabella Sciorra told her what Harvey 13 Weinstein did to her, and specifically named him after the 14 rape in 1994. 15 And what Ms. Perez will say, we gave a proffer to 16 the defense, what Ms. Perez will say is that in some point 17 before Ms. Sciorra goes to London, Ms. Perez calls her one 18 night and Ms. Sciorra says something to the affect, I'm 19 speaking loosely here, I think something bad happened to 20 me, I think I was raped, and -- 21 THE COURT: 22 MS. ILLUZZI: 23 What was that time frame? At some point close in time to the rape, but Ms. Perez does not have a date. 24 THE COURT: 25 MS. ILLUZZI: Listen to me. Between when and when? Between the rape and when she goes Page 1333 1 to London later that year, and then Ms. Perez hears from 2 others what the defendant did -- it is hard to hear with 3 defendant talking so loud. 4 what I'm doing, if he can stop talking for 30 seconds. 5 It is hard to concentrate on So, when Ms. Sciorra was in London and the 6 defendant was banging on her door, Ms. Perez heard from 7 others that it happened and called Annabella, and Annabella 8 said to her, I'm giving you the gist of it, I don't want 9 him to get me again. 10 Then through a conversation Ms. Perez put together 11 oh my God, Harvey Weinstein was the person who raped you, 12 isn't that right. 13 my God, I don't even remember telling you, but yes, he was 14 the one and he did this to me in London. 15 16 And Ms. Sciorra was very upset, she says THE COURT: When was the time frame of Ms. Perez purportedly putting this together? 17 MS. ILLUZZI: 18 THE COURT: 19 MS. ILLUZZI: 20 MR. CHERONIS: 21 not think it is a prompt outcry. 22 regarding a prior inconsistent statement offered to rebut a 23 recent fabrication. 24 25 MS. ILLUZZI: In London, in late 1994. Anything else. That is all? Based on the cases we cited, we do We included information We don't think it is admissible. They relied on People versus Rosario for the proposition Ms. Perez's testimony would not be Page 1334 1 admissible. But that was completely, their reliance on 2 that case is completely misplaced. 3 The reason why the victim's prior consistent 4 statement was inadmissible in Rosario was because the 5 People sought to introduce it on their direct examination 6 of their witness. 7 The prior time, that the claim prior to defense, 8 prior to cross examination where the defense then cross 9 examined on recent fabrication. 10 So here the cross examination was largely based on 11 recent fabrication. 12 permitted to testify. 13 THE COURT: 14 ruling soon enough. 15 16 17 18 19 20 21 22 23 24 25 Therefore, Ms. Perez should be Okay, all right, I'll give you my See you tomorrow 9:30. ( Trial adjourned to January 24, 2020). Page 1539 SUPREME COURT NEW YORK COUNTY TRIAL TERM PART 99 ------------------------------------x THE PEOPLE OF THE STATE OF NEW YORK : INDICTMENT # : 2335-18 : 2673-19 : AGAINST : CHARGE : Pred Sex Asslt HARVEY WEINSTEIN : : : Defendant : -------------------------------------x Trial 100 Centre Street New York, New York 10013 January 27, 2020 B E F O R E: HONORABLE: JAMES BURKE, JUSTICE OF THE SUPREME COURT APPEARANCES: (Same as previously noted) ---------------------------------------------------------------------MS. ILLUZZI: THE CLERK: Good morning, Judge. Case on trial continued, all parties are present. THE COURT: Your appearances. MS. ILLUZZI: MR. HAST: Joan Illuzzi. Meghan Hast. MR. CHERONIS: Damon Cheronis for Harvey Page 1540 1 Weinstein. 2 MS. ROTUNNO: 3 MR. KAMINS: Barry Kamins. 4 MS. SAMSON: Diana Fabi Samson. 5 MR. AIDALA: Arthur Aidala. THE COURT: Each side has a paralegal with them. 6 7 8 9 Donna Rotunno for Harvey Weinstein. Good morning. Good morning, your Honor. Yes, Ms. Illuzzi, you wanted to approach? MS. ILLUZZI: I do. There are issues we would 10 like to put on the record, but just in terms of scheduling 11 I would like to ask you a question at the bench. 12 THE COURT: Okay. 13 (Conversation held off the record). 14 THE COURT: Are we ready to call the witness. 15 Anything we need to talk about prior to this witness 16 pertaining to this witness? 17 MR. CHERONIS: 18 MS. ILLUZZI: 19 THE COURT: 21 MS. ILLUZZI: I Which topic is this? Regarding something we received on Saturday by the defense. 23 THE COURT: 24 MS. ILLUZZI: 25 We do have something to say. would like to bring something to the Court's attention now. 20 22 Your Honor, we had filed a motion. Okay. So Judge, on Saturday we received an e-mail by -- e-mail by Ms. Fabi Samson of what appears to Page 1541 1 be a text conversation with one of their possible 2 witnesses, this guy Paul Feldscher had with, I can only 3 assume the defendant, although that is not in any way 4 identified in this text message series of conversations. 5 So, what we have, what they gave us was half of a 6 conversation, one half of a conversation, and we asked for 7 well, who is the other person, if it is the defendant, 8 which I assume he is. 9 is he saying that is prompting the next comment and the What question is he asking and what 10 next statement by this witness, and they refused to give us 11 the other half of the conversation. 12 13 14 THE COURT: By the witness who is about to take the stand? MS. ILLUZZI: No. So first of all, with regards 15 to their discovery in general, they handed us 125 pages 16 minutes, maybe less than a minute before the People stood 17 up and called Ms. Sciorra. 18 So, Ms. Sciorra was being cross examined by 19 defense on materials which I guess we had on our desk but 20 not were able to look at prior to calling Ms. Sciorra. 21 THE COURT: These are issues I want to discuss in 22 greater detail at a time not when we are about to bring the 23 jury in and call a witness. 24 MS. ILLUZZI: 25 THE COURT: No worries. Anything related to this witness? Page 1542 1 MS. ILLUZZI: No, we have a stipulation that we 2 will put into evidence. 3 witness, I'll let her continue. 4 5 MS. HAST: Ms. Hast will be handling this I'm going to do one stipulation before I call the next witness. 6 THE COURT: 7 COURT OFFICER: 8 ( Jury enters courtroom). 9 THE CLERK: 10 That is fine, jury is entering. Jury entering. Case on trial continued. parties stipulate the jury is present and properly seated? 11 MS. ILLUZZI: 12 MR. CHERONIS: 13 THE COURT: Yes. Yes. Welcome back jurors. 14 everybody had a great lunar New Year. 15 witness. 16 17 Will the MS. HAST: I hope Call your next Before I call the next witness, I would like to read a stipulation and enter an exhibit. 18 Again, this is a stipulation, it has the same 19 paragraph I read in a prior stipulation last week. 20 signed by both parties, dated today. 21 It is It reads as follows: The following is hereby agreed and stipulated by 22 and between the People of the State of New York represented 23 by ADA Jones Illuzzi, and defendant Harvey Weinstein 24 represented by defense counsel Arthur Aidala and Donna 25 Rotunno. Defendant Weinstein purchased 76 Crosby Street Page 1543 1 apartment three New York, New York on or about March 2, 2 2005. 3 Defendant Weinstein sold 76 Crosby Street 4 apartment three, New York, New York on or about December 7, 5 2007. 6 And People's Exhibit 75 is a copy of a floor plan 7 that accurately depicts the layout of the apartment during 8 the time it was owned by defendant Weinstein. 9 Based on the stipulation, I would seek to move 10 into evidence People's Exhibit 75 which is a copy of that 11 floor plan. 12 THE COURT: Crosby Street? 13 MS. HAST: 14 THE COURT: 15 MS. HAST: 16 THE COURT: 17 MS. HAST: 18 THE COURT: 19 MR. CHERONIS: 20 THE COURT: Correct. What number is the stipulation? It is People's Exhibit 79. The floor plan is 75? Correct. So stipulated? So stipulated. That is received into evidence. 21 Those are received into evidence 79 and 75 by stipulation. 22 Please proceed. 23 MS. HAST: The People call Miriam Haley. 24 COURT OFFICER: 25 ( Witness enters courtroom and is sworn in). Witness entering. Page 1544 1 COURT OFFICER: 2 3 give your full name. A Miriam S. A. F. I. A. 4 5 In a cloud clear voice, please COURT OFFICER: A H. A. L. E. Y. County of residence? London U. K. 6 THE COURT: All right, good morning. Listen 7 carefully to the questions from the Assistant District 8 Attorney and answer her questions to the best of your 9 ability. 10 Please answer them loudly, clearly, and slowly. 11 Please give full and complete responses to all her 12 questions, but try not to volunteer any information beyond 13 her specific questioned area. 14 On cross examination, it is very likely Mr. 15 Cheronis is going to ask you questions. 16 chooses to do so, please give to him the same courtesy 17 you're about to give to the Assistant District Attorney. 18 And if you are comfortable responding from either 19 attorney's questions directly to the jury itself, feel free 20 to do that. 21 you questions at any given moment. 22 23 If and when he Otherwise, just respond to whomever is asking Your mic does not work very well, so you have to keep your voice up and speak directly into this part, okay. 24 MS. ILLUZZI: Can we switch to a handheld if that 25 is okay and lets turn that off? Page 1545 1 THE COURT: That does not turn off. 2 just get feedback. 3 be the time to experiment with that. 4 MS. HAST: 5 DIRECT EXAMINATION 6 BY MS. HAST: We will see how it goes. So we will This may not Please inquire. Thank you. 7 Q Good morning? 8 A Good morning. 9 Q If you could please again tell the jury your name and 10 where you are currently living, the country you are currently 11 living in? 12 A Miriam Haley and I'm currently living in London U. K. 13 Q It is still really hard. I know the acoustics are bad, 14 so it will go much faster it you can try to keep your voice up 15 and speak into the microphone. 16 A So my name is Miriam Haley, I'm living in London U. K. 17 Q Do you currently work? 18 A I'm a freelancer, I take contract work, so yeah, not 19 this week, but yes. 20 Q What type of area do you freelance in? 21 A I work for creative agencies or in-house in creative 22 departments at brands. 23 Q How old are you? 24 A 42. 25 Q Where were you born and raised? Page 1546 1 2 A I was born in Finland, Helsinki and I was raised for the most part in Stockholm, Sweden. 3 Q Who did you live with growing up? 4 A Mostly my mother, and she also married a couple of 5 times, so I had two stepfathers. 6 Q What was the relationship like with your mom growing 8 A It was good. 9 Q Was your father a part of your life growing up? 10 A No, I never met my father. 11 Q You had said that your mother had remarried sometimes? 12 A Yes, once when I was very young around three or four, 7 13 up? and once later in my teens. 14 15 Q Did that first stepfather when you were young, what was that person like? 16 MR. CHERONIS: 17 THE COURT: Object to relevance. Overruled. 18 A Well, he was very abusive, physically abusive. 19 Q And was he, who was he physically abusive towards? 20 A Both of us, but mostly my mother. 21 Q How long did your mother ultimately remain with that A For a couple of years, I would say maybe three years in 22 23 24 25 man? total. Q Can you describe what you remember about that time in Page 1547 1 your life? 2 MR. CHERONIS: 3 THE COURT: 4 A Objection, relevance. Overruled. I experienced and witnessed a lot of physical abuse, 5 domestic abuse. 6 just a lot of domestic, physical abuse. 7 8 9 Q I mean perhaps I won't go into exact details, How did that relationship or that environment come to an end? A Well, we were living in Tunisia where he was from, so 10 we took some time to organize a sort of a escape with help of 11 the embassy and -- so yeah. 12 13 Q Can you describe for the jury how that experience in your early childhood affected you? 14 MR. CHERONIS: 15 so I do not interrupt. 16 THE COURT: 17 18 19 I will make a continuing objection Yeah, I'm going to sustain that one though. Q That experience that you had growing up, did that stay with you throughout your life up until now? 20 MR. CHERONIS: 21 THE COURT: Objection. Overruled. 22 A Definitely, yes. 23 Q Has it affected sort of the way you react to trauma in 24 your life? 25 MR. CHERONIS: Objection. Page 1548 1 2 3 4 THE COURT: Q Sustained. Can you describe the schooling that you had growing up once you became school aged? A Yes, I just went to a fairly normal school except it 5 was a music school as well. So I had all the usual classes and 6 a couple of hours of music everyday. 7 Q How far did you get in school? 8 A Not -- the school system in Sweden is a little 9 different than it is here. 10 of years past high school. So sort of high school then a couple 11 Q What were your hobbies and interests growing up? 12 A I liked dancing and photography and music, song 13 writing. 14 Q Did there come a time that you moved out on your own? 15 A Yes. My mother had left, kept a small apartment that 16 she had been renting out until I got old enough to move in 17 there, so I moved there when I was about 17. 18 Q Where was that? 19 A In Stockholm, Sweden. 20 Q Did you get a job at that point when you moved out on 21 your own? 22 A 23 Yes, I had been working after school and on weekends since I was about 14, 15 years old and I -- yeah, I got a job. 24 Q Have you been working ever since that time? 25 A Yes, I mean on and off, yes. Page 1549 1 2 3 Q Can you tell the jury some of the things you have done for jobs and professionally throughout the past 20 years or so. A Well, my first job was for a market research company. 4 Then when I moved to London I was pursuing music, but I had some 5 odd jobs in mostly clothing stores. 6 Q Around how old were you when you moved to London? 7 A 19, and then so I was kind of mostly working in retail 8 stores until I started working in production for Michael White, 9 a producer. 10 11 12 Q And after working for Michael White in production, what other types of jobs have you done since then? A Since then I did a few others production jobs to do 13 with film and television productions, and after that I moved 14 more into branded films and short film content kind of, and more 15 advertising agencies and creative agencies, that is what I've 16 been doing since. 17 18 Q Around when was that you switched or focused from production and TV into more of the branding you're doing now? 19 A I would say about 2009'ish sort of. 20 Q Now, you had mentioned working for some producer named 21 Michael White? 22 A Correct. 23 Q Is Michael White still alive? 24 A He's not. 25 Q When did he pass away? Page 1550 1 A 2006. 2 Q For those of us who do not know, who was Michael White? 3 A He was a British quite legendary producer of both 4 theater and film and television. He produced things like Rocky 5 Horror Picture Show, Monty Python And The Holy Grail, Comic 6 Strip, various productions and many, many stage productions. 7 Q When did you meet Michael White? 8 A I met him in Sweden when I was around 19 years old. 9 Q When did you start working for him? 10 A Much later, many years later, around 2002 perhaps. 11 Q What did you do for Michael White? 12 A I started off as his personal assistant, then I became 13 more centered around production work as well. 14 just did everything kind of within a production and development 15 type of content. 16 MR. CHERONIS: 17 MS. HAST: 18 MR. CHERONIS: 19 But I kind of Judge. Keep your voice up. Can I approach one second with the State briefly? 20 THE COURT: 21 ( Conversation held off the record). 22 23 Q Sure. Keep that close to your mouth and hopefully that will project and make it a little easier to hear you. 24 A Okay, do you hear me better? 25 Q Okay great, thank you. So, if you could describe a Page 1551 1 little bit about what the duties are of a production assistant 2 that you were just describing with respect to your job with 3 Michael White? 4 A I mean I was more of his personal assistant, but within 5 a production context. 6 things like obviously dealing with his schedule, his traveling 7 arrangements, his meetings, opening his mail, I mean just ad hoc 8 whatever he needed. 9 So from at the beginning it would just be And then I became more into like reading scripts and 10 just, I was basically just his right hand person and so I would 11 go and help with whatever he needed. 12 13 14 Q Did your time with Michael White spark an interest in production and movies and TV? A Yes, absolutely. I mean I also got to do things like 15 help with casting and reading and all kinds of, all parts of 16 production, so yeah, and I was enjoying it. 17 Q 18 as well? 19 A Yes, we were very close. 20 Q Describe that relationship? 21 A Well, he was my friend and we really just got along. 22 25 I knew him for many years before I ever started working for him. 23 24 Did you have a personal relationship with Michael White I also was fairly close to his family, we traveled together and yeah. Q I'm going to show you what I marked as People's Exhibit Page 1552 1 61 and showing defense. 2 ( Handed to witness). 3 A Yes. 4 Q Do you recognize People's Exhibit 61? 5 A Yes. 6 Q What is that? 7 A This is a picture of me and Michael White. 8 Q Does that fairly and accurately depict what you and 9 10 11 Michael White looked like at the time you were working for him? A Yes, I think this is actually taken before I was working for him, but yes. 12 MS. HAST: At this point I would like to move into 13 evidence People's Exhibit 61. 14 THE COURT: 15 MR. CHERONIS: 16 THE COURT: 17 MS. HAST: 18 ( Publishing exhibit). Any objection? None. 61 is received into evidence. I'll publish it for the jury. 19 Q Do you know somebody named Harvey Weinstein? 20 A I know who he is, yes. 21 Q What is that? 22 A I know who Harvey Weinstein is, yes. 23 Q Do you see him here in the courtroom today? 24 A I do. 25 Q Can you point to him and identify an article of Page 1553 1 2 clothing he's wearing? A A navy -- 3 MR. AIDALA: 4 THE COURT: Acknowledge. Okay. 5 A Sorry. 6 Q Did you meet Harvey Weinstein? 7 A I did. 8 Q Do you recall when you first met the defendant? 9 A I do. 10 Q When was that? 11 A It was in 2004 an after party for The Aviator which is 12 a film that premiered in London. 13 Q 14 meeting? 15 A Can you just describe what you remember about that It was, I was just introduced to Mr. Weinstein and it 16 was quite a brief conversation. He was talking to Michael White 17 who I was with who introduced us, and he just made, said hello 18 and made a joke and that was kind of it. 19 Q Do you recall the joke? 20 A It was I'm going to name my next company after you and 21 22 23 I didn't really understand it, so -Q And did you know who Harvey Weinstein was at the time that you were introduced to him back in 2004? 24 A 25 producer. I did, yes, I had seen him. I mean he was a well known Of course I was working in that industry at the time Page 1554 1 so I knew of him, and also I had seen him previously at industry 2 events. 3 4 5 6 Q Did there come a time that you ran into the defendant again? A Yes, so I ran into him in Cannes, at the Cannes Film Festival in 2006. 7 Q What is the Cannes Film Festival? 8 A A film festival competition where people also submit 9 10 their films, screen their films, network and make connections and compete. 11 Q 12 as well? 13 A Yes, several times. 14 Q What was your work situation at the time that you went 15 16 Had you been to the Cannes Film Festival in prior years to Cannes Film Festival in 2006? A In 2006 I had lost my position with Michael White 17 because he got very, very ill and almost died, and he lost his 18 business and I lost my position and I lost my, subsequently my 19 apartment, so I was looking for new opportunities and new 20 mentorship, that sort of thing. 21 Q What was your personal situation like at that time? 22 A Well, I was financially very insecure and vulnerable 23 24 25 and very drained from the year that had been. Q Did you have family of your own that you were close to at that time? Page 1555 1 2 A They weren't near me, like they were in a different country, so fairly close to my family but not that close. 3 Q Could you rely on them financially? 4 A No. 5 Q Were these people you confided in about your situation? 6 MR. CHERONIS: 7 THE COURT: Objection to relevance. Sustained. 8 Q What brought you to the Cannes Film Festival? 9 A I think on that occasion I still came with Michael 10 White even though he was not really working per se. 11 gotten a little bit better and he still wanted to go, and I was 12 still assisting him parttime now and then. 13 afford a fulltime assistant, but -- 14 15 Q He had He kind of could not Were you telling your family at that time what you were going through with Michael White and your finances? 16 MR. CHERONIS: 17 THE COURT: Objection to relevance. Answer stands, next question. 18 Q 19 Festival? 20 A I had made plans to go to New York for a while. 21 Q Did you have plans to work or do anything while you 22 23 Did you have any plans following the Cannes Film were in New York at that point? A I didn't have any plans at that time, but I was 24 certainly open to and hoping to find some sort of opportunity, 25 yeah. Page 1556 1 2 Q And did you have an interaction with the defendant at the Cannes Film Festival? 3 A I did. 4 Q What month did the Cannes Film Festival take place? 5 A In May. 6 Q Can you describe that initial interaction with the 7 8 defendant at the festival? A I, well, when I met him at the Cannes Film Festival, I 9 asked him if he had any work perhaps that I can do for him in 10 New York or any kind of opportunity for me to get involved in 11 any of his productions, and he said -- 12 MR. CHERONIS: 13 I object to foundation as to where and when this conversation occurred. 14 THE COURT: Overruled. 15 Q You can continue. 16 A So yes, we were, I was basically asking if there was 17 anything I can do on any of his productions in New York, and he 18 said let me think about it. 19 see me at the office basically which was like a hotel room that 20 the Weinstein Company office had at the film festival. 21 Q 22 defendant? 23 A Come and see me at the -- come and Where were you when you had that conversation with the I'm not actually sure, I believe it was perhaps on a 24 boat, at a boat party because, yeah, there are quite a few boat 25 parties at Cannes, and I got that in my calendar on the day that Page 1557 1 2 3 would have been. Q Did you follow up with his offer to meet at the Weinstein offices in Cannes? 4 A I did. 5 Q Where was that office suite located in Cannes? 6 A It was at the Majestic Hotel on the Creset, yeah. 7 Q Was it odd for you to meet people when you were 8 9 networking at hotel suites in Cannes? A Not at all. That is where all the film companies set 10 up for the festivals. 11 hotel he was personally staying. 12 13 It is in fact I don't think it was a MR. CHERONIS: A 14 Okay. THE COURT: 15 Q 16 happened? 17 A Object to the foundation. Sustained. When you got to the hotel, describe for the jury what Well, I met with an assistant downstairs who took me 18 upstairs to meet with Mr. Weinstein. 19 inside of the room, the suite, and left. 20 each other normally and so forth, had a few, like a regular 21 exchange of, you know, greetings, and I cannot remember the 22 exact conversation from there on. 23 The assistant let me And so we just greeted But all of a sudden eventually it turned into him 24 asking if I did massages and if I can give him a massage. And I 25 declined and said perhaps he should contact the front desk and Page 1558 1 organize one and then he proceeded to ask me whether he could 2 give me a massage and I declined, and -- 3 Q After you declined the massage, what happened? 4 A Again, that is the part of the conversation that I 5 remember mostly. 6 didn't think anything would come out of that meeting. 7 Q But he, I basically left shortly after and I Before we go on, I want to take you back to that room. 8 When you got into the suite, was there anybody else in the suite 9 besides the defendant? 10 11 12 13 A No. Well, when I was taken inside, I was taken with an assistant but the assistant left. Q Where did you and the defendant go to have that conversation that you described? 14 A It was in the hotel suite. 15 Q What room of the hotel suite? 16 A The main kind of lounge area. 17 Q How was the defendant dressed at that time? 18 A I don't remember. 19 Q And I know you said you did not remember specifics of 20 21 the initial conversation, do you remember what the content was? A Well, I mean I was there to try and see if he had 22 anything I could help him with production wise, because I was 23 going to New York and I was interested in experiencing some 24 work, production work here. 25 And so I know that he instead commented on my Page 1559 1 2 3 4 5 appearance and then I remember the massage stuff. Q When you say commented on your appearance, do you remember anything specifically? A Yes, I remember that he said something about my legs which I thought was odd. 6 Q And did you allow him to give you a massage? 7 A No. 8 Q Did you give him a massage? 9 A No. 10 Q Did you touch him in any way? 11 A No. 12 Q Had he made any comments about your appearance prior to 13 you going to that meeting? 14 A Not that I recall. 15 Q Can you describe the defendant physicality at that 16 time? 17 A 18 He was very big, a lot bigger than me, heavy-set and very, I don't know how else -- 19 Q What about his appearance and the way he dressed? 20 A I mean nothing in particular, he dressed just normal. 21 Q I'm going to show you what I marked for identification 22 as People's Exhibit 62 for identification. 23 ( Handed to witness). 24 A Yes. 25 Q Do you recognize People's Exhibit 62 for Page 1560 1 identification? 2 A I do. 3 Q What do you recognize that to be? 4 A That is Harvey Weinstein. 5 Q Does that fairly and accurately depict what Harvey 6 7 Weinstein looked like the time you met with him in May of 2006. A I believe so, I mean, yeah. 8 MS. HAST: 9 THE COURT: I would like to move into evidence 62. Any objection? 10 MR. CHERONIS: 11 THE COURT: 12 13 14 No. 62 is received into evidence, next question. Q Can you describe to the jury what his demeanor was like when you initially arrived to the hotel room? 15 A It was normal, friendly. 16 Q And how at all did his demeanor change when he began 17 18 requesting a massage? A Well, he was still friendly, it was just inappropriate 19 and humiliating he asked me for massages. 20 excited to go and see him, and -- I had been quite 21 Q At that time, when you met with him in 2006, how tall 22 were you? 23 A I think five, five. 24 Q How much did you weigh at that time? 25 A Probably 110, 15. Page 1561 1 2 Q I'm going to show you what I previously marked as People's Exhibit Six for identification. 3 4 5 ( Handed to witness). Q Do you recognize People's Exhibit Six for identification? 6 A Yes. 7 Q What is that? 8 A That is me. 9 Q Is that a photograph of you? 10 A That is a photograph of me in the summer of 2006. 11 MS. HAST: 12 I would like to move into evidence People's Exhibit Six. 13 THE COURT: 14 MR. CHERONIS: 15 THE COURT: 16 MS. HAST: 17 ( Exhibit published). 18 19 20 Q Any objection? None. Six is received into evidence. I will publish it for the jury. Describe for the jury how you were feeling when you left the hotel room that afternoon? A Humiliated, I was extremely humiliated and just felt 21 very stupid that I had been so excited to go and see him and 22 that he treated me that way, and I was just very, yeah. 23 Q By the way -- 24 A And I was crying also when I left the hotel. 25 I waited until I was kind of out of the hotel then I burst into tears. Page 1562 1 2 3 4 5 6 Q By the way, what time did that meeting take place, if you recall? A In the afternoon, I think it was two p.m only because I've since seen that meeting in my calendar. Q Did you have any interest in Harvey Weinstein romantically? 7 A None at all, no. 8 Q Did you have any interest in Harvey Weinstein sexually? 9 A None at all, no. 10 Q Did you act interested in him sexually or romantically 11 in any way? 12 A No, not at all, no. 13 Q Had you exchanged contact information with the 14 defendant during that initial meeting? 15 A I did, yes. 16 Q What type of contact information had you exchanged? 17 A I believe phone numbers and he gave me a contact or 18 either he said he was contacting somebody, but I'm not sure 19 whether that is when I met him or after at the Weinstein company 20 the producer of Project Runway. 21 Q So a contact of somebody that works for him? 22 A Correct. 23 Q Do you remember? 24 A But I'm not a hundred percent sure it was on that 25 occasion or it was after I already left. Page 1563 1 Q Do you recall who that person was? 2 A That was Barbara Schneeweiss. 3 MS. HAST: Showing you 64 for identification. 4 ( Handed to witness. 5 Q Do you recognize People's 64 for identification? 6 A Yes. 7 Q What do you recognize that be? 8 A This is a note that Harvey, actually that is my own 9 10 11 12 13 writing, a note from the Majestic where I written down his phone number. Q Is that a scanned copy of the original note that you wrote? A Correct. 14 MS. HAST: I would like -- 15 A I actually took a photo of it. 16 Q A photograph of the original note that you wrote? 17 A Correct. 18 MS. HAST: 19 I would like to move into evidence People's Exhibit 64. 20 MR. CHERONIS: 21 THE COURT: 22 No objection. 64 is received into evidence. question. 23 Q Read the phone number there? 24 A 917 -- 25 Next MR. CHERONIS: I object to that, take that town. Page 1564 1 MR. AIDALA: We discussed this. 2 THE COURT: Step up. 3 ( Conversation held off the record). 4 5 Q Had you got a New York cell phone number at that time to use while you were staying in New York when you left Cannes? 6 A I believe I did, yes. 7 Q Do you remember now today what that number was? 8 A I don't. 9 Q Is there something that could refresh your recollection 10 with respect to that? 11 A It was in my calendar, yes. 12 Q You mentioned your calendar a few times during your 13 testimony. 14 A Can you just describe what you are referring to? So, it was an organizer before I phones and everything 15 existed, so I wrote everything down in an organizer. 16 like a cover then you changed the insert every year. It was 17 Q Had you kept your old inserts over the years? 18 A Apparently I had kept a couple, yes. 19 Q And at some point did you go back and locate your 20 21 22 23 insert from 2006? A I did, although I actually found it completely while I was looking for something different. Q Did you use that 2006 calendar insert to help you date 24 some of the interactions you had with the defendant from the 25 meeting in Cannes up through including your return to London on Page 1565 1 August 2nd of 2006? 2 A I think mostly yes. 3 Q And did you give your 2006 calendar insert in its 4 entirety to the District Attorney's Office? 5 A I did. 6 Q Did you make any changes to that insert prior to giving 7 it to the District Attorney's Office? 8 A I did not. 9 Q I'm going to show you what I marked as People's Exhibit 10 77. 11 ( Handed to witness). 12 Q Do you recognize People's Exhibit 77? 13 A I do. 14 Q What do you recognize that to be? 15 A That is part of my calendar. 16 Q That date from may 18, 2006 when you were in Cannes 17 through August 2, 2006 when you flew home from New York to 18 London? 19 A Yes. 20 Q Does that fairly and accurately depict meetings that 21 you attended or had including some meetings with the defendant 22 during that time period? 23 24 25 A I believe so, yes. MS. HAST: At this point I would like to move into evidence People's 77. Page 1566 1 THE COURT: 2 MR. CHERONIS: 3 THE COURT: 4 MS. HAST: 5 6 Q 9 10 None. 77 is received into evidence. For the record that includes 11 pages. I'm going to hand up the exhibit and focus your attention on the back of the first page on the date May 22nd. 7 8 Any objection? ( Handed to witness). Q Do you see your phone number that you were using when you were staying in New York City in the spring and summer of 2006 written in that on that page of the date book? 11 A I do. 12 Q Can you read that phone number to the jury? 13 A 917-528-4839. 14 Q Did you expect to hear from the defendant or the 15 Weinstein Company again? 16 A No. 17 Q Did you? 18 A Yes. 19 Q Can you describe for the jury how that came about? 20 A I actually don't remember whether it was by telephone 21 or by e-mail. 22 the producer of Project Runway to go and help out. 23 Q 24 withdrawn. 25 A But he did follow through with organizing with Did you agree or accept his offer to help work -Accept his offer to help out at Project Runway? I did. Page 1567 1 Q Why did you do that? 2 A Well, because I was already going to New York and I 3 wanted, wanted the experience and so yeah, I accepted, I mean -- 4 yeah. 5 Q 6 working? 7 A 8 9 10 11 Where was the set of Project Runway, where were you So, it was Parson Design School mostly and also the apartment building where the cast contestants were staying. Q When you started working there, had it already been up and running? A Yes correct. So he said he didn't really have like a 12 real kind of position to offer me, but that they were already 13 shooting and if I wanted to go and help out with the production 14 assistant on Project Runway, I did that. 15 16 17 18 Q For how long did you end up helping out on the set of Project Runway? A Just for the remainder of the shoot, so like two or three weeks. 19 Q Who did you report to? 20 A I don't remember anyone apart from Barbara Schneeweiss, 21 she was not really there in person that much. 22 Q What types of things did you do on the set? 23 A All kinds of ad hoc things like get people to sign a 24 release forms and inventory, different things of the 25 contestants. Things they created, helping out with catering, Page 1568 1 2 3 lighting, really random tasks ad hoc whatever was needed. Q Were you paid for your time working, helping out on Project Runway? 4 A A minimal day rate, yes. 5 Q Do you recall how much you were paid? 6 A 125 dollars a day. 7 MS. HAST: I will just wait a second. 8 really keep your voice up. You have to 9 Q Did you have a work visa at that time? 10 A Well, I didn't, I was here on a tourist visa. 11 Q Were you legally allowed to work in the U.S at that 12 time? 13 A I was not. 14 Q Did you see the defendant on the set during that two 15 week period? 16 A I did not. 17 Q Where were you living in New York at that time? 18 A I was living in the east village with my friend Liz in 19 her spare bedroom. 20 Q How did you know Liz? 21 A I met Liz in London at a friend's wedding a couple of 22 years prior. 23 Q Were you close with Liz that summer? 24 A Yes. 25 Q Are you still in touch with her now? Page 1569 1 A I'm not for many years now. 2 Q Did you have any pets at the apartment that you were 3 4 5 6 staying in with Liz? A Yes, Peanut, her dog Peanut and a cat whose name I don't remember. Q I'm going to show you People's 70 for identification. 7 MR. CHERONIS: 8 I object to relevance introducing a photo of a dog. 9 THE COURT: Overruled, the number? 10 MS. HAST: 70. 11 ( Handed to witness). 12 Q Do you recognize Peoples 70? 13 A Yes. 14 Q What do you recognize that to be? 15 A That is Peanut. 16 Q Does that fairly and accurately depict what Peanut 17 looked like at the time he was living with you in the east 18 village? 19 A 20 21 Yes. MS. HAST: I would like to move into evidence People's exhibit 70. 22 MR. CHERONIS: 23 THE COURT: 24 MR. CHERONIS: 25 THE COURT: Just one second your Honor. Any objection? Same objection. People's 70 is received into evidence. Page 1570 1 2 3 ( Shown to jury). Q Following your work on project Runway, did you reach out to the defendant? 4 A I did, yes. 5 Q Why did you reach out to the defendant? 6 A I just sent him an e-mail thanking him for the 7 opportunity. 8 Q Did he respond to you? 9 A He did, he said why don't you come -- yes, he did. 10 Q What was the substance of that conversation? 11 A He suggested I meet him at the Mercer Hotel in the 12 lobby where there is a bar in the lounge so he could say hi in 13 person. 14 Q Did you agree to meet him? 15 A I did. 16 Q Why did you agree to meet him? 17 A Well, I had no reason not to agree to meet him, so I 18 said sure. 19 Q 20 21 22 23 24 25 Do you recall approximately when that meeting took place? A It was right after Project Runway wrapped, maybe a day or two, I believe or around when it was wrapping up. Q Did you have an indication of that meeting in your planner that is in evidence as People's 77? A Yes. Page 1571 1 2 Q I'm going to pull up a page of the planner that starts with the date June 26th. 3 And focusing your attention on the dates of the planner 4 Monday June 26th, do you see a notation with respect to the 5 meeting that you had with the defendant at the Mercer Hotel? 6 A Yes. 7 Q Can you just indicate where that is located and read 8 what it says? 9 A Sorry, you mean on the page? 10 Q Yes. 11 A So it just says nine p.m Mercer, Harvey the bottom of 12 13 14 the page 27th of June. Q Can you describe the area where you met the defendant on June 26th? 15 A In the lobby of the Mercer Hotel. 16 Q And what that looked like? 17 A Well, it is just a hotel lobby and there is also like a 18 bar area. 19 Q What area did you meet the defendant? 20 A I believe in the kind of, in the kind of lobby bar 21 area. 22 Q Was he alone or with other people? 23 A I'm not sure if there was an assistant to begin with, 24 25 but I was sitting with him alone as I recall. Q Did you have anything to eat or drink while you were Page 1572 1 there? 2 A Not to eat, but perhaps a water or something like that. 3 Q Do you recall whether or not the defendant had anything 4 to eat or drink? 5 A For some reason I do recall him having a drink, yes. 6 Q How did that meeting go? 7 A That meeting was very pleasant. I was really happy 8 with how it went. We had quite a lengthy conversation about all 9 kinds of things, nothing was inappropriate, he was very 10 respectful, even charming, we were having, yeah, just a normal 11 conversation and I felt like he -- 12 MR. CHERONIS: 13 THE COURT: 14 A Objection she felt like. Overruled. Perhaps he even felt bad for how he had -- 15 THE COURT: 16 MR. CHERONIS: 17 THE COURT: Sustained. Object. Strike that. 18 Q Did you discuss professional things at the meeting? 19 A Yes. 20 Q Do you recall anything specifically? 21 A Well, I mean he basically said that he had really good 22 feedback about me the from the set, and I was welcomed to come 23 back the following year. 24 25 Obviously I needed to get my papers in a better position and I needed to get my papers in order and he would Page 1573 1 help with that and writing letters, yeah. 2 Q Did you discuss personal things during the meeting? 3 A Some, I don't exactly remember what we talked about, we 4 talked about a range of subjects. 5 MR. CHERONIS: 6 THE COURT: 7 8 Q Objection. Overruled so far, but next question. Did you finish that answer? You talked about a range of subjects you said? 9 A Correct. 10 Q Some of those included personal things? 11 A Yes. 12 Q Do you recall anything specifically? 13 A Not really, except the only thing I remember was 14 something about when we were talking about why I don't drink 15 alcohol, he said maybe I have like hypoglycemia. 16 Q In 2006 were you not drinking? 17 A I was not. 18 Q Was there a time that you had been drinking? 19 MR. CHERONIS: 20 THE COURT: Objection to relevance. Overruled. 21 A Yes, up until 2004. 22 Q So from 2004 until today have you had any alcoholic 23 drinks? 24 A No, never. 25 Q How if at all was the defendant's demeanor and behavior Page 1574 1 different from the meeting at the Majestic Hotel to the meeting 2 at the Mercer Hotel? 3 4 5 6 A It was very different, he was very nice and open and respectful and appropriate. Q Did you have any conversation at all about anything sexual or romantic with the defendant? 7 A No. 8 Q Did you see the defendant again following the meeting 9 10 at the Mercer Hotel? A Yes, so I have mentioned that I was going to the 11 Weinstein Company offices to pick something up from Barbara 12 Schneeweiss. 13 do that. 14 Q He said why don't you stop by my office when you Do you recall when in relation to the Mercer Hotel 15 meeting that you went to the Weinstein Offices to meet Barbara 16 Schneeweiss? 17 A I don't actually, perhaps well yeah, I don't exactly. 18 Q Was it within the next few days or weeks? 19 A Most likely. 20 Q Did you see the defendant when you went to the 21 Weinstein Offices? 22 A I did. 23 Q Can you describe that interaction for the jury? 24 A That was also a pleasant conversation. 25 I was in his office, his assistant was sort of in and out, and we just had Page 1575 1 again normal conversation about normal things. 2 He told me about the productions he was working on and 3 different things like that. Then he gave me a book, he 4 basically lent me a book, said have you read this and he gave me 5 a book to take with me. 6 Q Do you remember what the book was? 7 A It was Tender Is The Night by F. Scott Fitzgerald. 8 Q After speaking with him in the office, did you also 9 10 11 meet with Barbara Schneeweiss? A I think before, yes, I believe, yes, yes, I met with her at some point, yes. 12 Q Describe what happened after the meeting in the office? 13 A So, he offered to drive me back to the apartment I was 14 staying in the east village. 15 assistant and a driver. He drove me back with his 16 Q Do you remember who that assistant was? 17 A I believe he was called Dan, I'm not sure about the 18 last name. 19 Q Can you describe the ride back to your apartment? 20 A It was just a short ride back to the apartment, we were 21 just normal conversation. 22 Q Where were you seated in the car? 23 A I was in the back with Harvey Weinstein and his 24 25 assistant was in the front with the driver. Q Do you recall the topic of the conversation in the Page 1576 1 2 3 4 5 car? A I believe in the car is when he told me about Factory Girl and he was making this movie about Andy Warhol, yeah. Q Was there, did his tone or demeanor change in any what while you were in the car? 6 A No. 7 Q At that point -- I think you were going to say 8 something. 9 A No, no, yeah. 10 Q And can you just describe what his demeanor and tone 11 were like during that period of time? 12 A It was normal and friendly. 13 Q What happened when you got to the apartment? 14 A He got out of the car and he was very curious to where 15 I was staying, and he asked if he could come in and have a look, 16 and I said no, it's not a good time. And he said okay. 17 Well, that is when he invited me, he said he was going 18 to go to Paris for a few days to the fashion shows there and he 19 asked if I would come along, if I would like to come along. 20 21 22 23 Q Did he describe for you any of the travel or hotel arrangements with respect to the invitation to come along? A Well, he said that he was going on a private plane, a private jet and staying at the Ritz Hotel. 24 Q Did he invite you alone? 25 A Sorry. Page 1577 1 2 Q Did he invite you alone or did he invite you with other people? 3 A He invited me alone at that point, yes. 4 Q You had described that he was curious as to where you 5 6 lived. A Can you describe what you mean by that? Well, he just got out of the car and kind of looking at 7 the building and asking you live here, wherever, and that side, 8 behind there, that sort of thing. 9 MS. HAST: The witness was describing you live 10 here, there, that sort of thing and she was pointing with 11 her finger in different directions. 12 Q Did you show him where you lived at that point? 13 A I probably described it, yes. 14 Q Did you get into your apartment building? 15 A Sorry. 16 Q At that point did you go into your apartment building? 17 A I went into, yes, I went in there and he left. 18 He had a driver and assistant waiting so he left at that point. 19 Q So did you allow him into your apartment at that time? 20 A No. 21 Q What if anything did you say with respect to his 22 23 24 25 invitation to go with him to Paris? A I think I said no, but I was, I said I'm not sure at that very moment if I said no or I'll let you know. Q Did you have any intention at that moment to go with Page 1578 1 him to Paris? 2 A No, but I was just being polite. 3 Q Why did you not intend to go with him to Paris? 4 A Well, it was not really a professional invitation. 5 MR. CHERONIS: 6 THE COURT: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Objection. Overruled. I felt it was a friendship I was not interested in. ( Continued on next page). Page 1579 1 (Continued from the previous page.) 2 (Time noted 10:35 a.m.) 3 4 5 6 MS. HAST: Q Of Miriam Haleyi. And at that point, again, what type of relationship were you looking to have with Harvey Weinstein? A I was looking to have a professional relationship with 7 Harvey Weinstein. 8 there is a lot of overlap in the industry, in the entertainment 9 industry, and I was introduced by somebody who was a very close 10 11 Professional slash social. I feel like friend of mine who had known him for a long time. Q When you say professional slash social, describe for a 12 little bit what you mean by that in the context of the 13 entertainment industry? 14 A Well, I am just saying there is I a lot overlaps in 15 the entertainment industry between professional and social. 16 And so -- but I was obviously just looking for work 17 opportunities. 18 19 Q Now, at that point did you have any interest in Harvey Weinstein romantically? 20 A No. 21 Q Did you have any interest in Harvey Weinstein 22 sexually? 23 A No. 24 Q Were you clear about that with Harvey Weinstein? 25 MR. CHERONIS: Objection. Foundation. Page 1580 1 2 3 THE WITNESS: Q Were you clear about that, about your relationship that you were seeking with him? 4 5 6 Sorry. THE COURT: Q Sustained. Did you act, in any way, romantically interested in Harvey Weinstein? 7 A No. 8 Q Did you act, in any way, sexually interested in Harvey 9 Weinstein? 10 A No. 11 Q Did you hear from Harvey Weinstein again once he left 12 your apartment and you went inside? 13 A Yes. 14 Q And at that point, was your roommate Liz at home? 15 A She was not. 16 Q Was Peanut there? 17 A I believe so. 18 Q Describe the additional contact? 19 A Well, I heard from him and his assistant a few times 20 that day asking if I decided whether I was going to go to 21 Paris. 22 come. 23 24 25 And I said thank you so much, but no, I am not going to He said, well, just think about it again, you know and he kept calling and I kept saying, thank you so much but no. And -- Page 1581 1 2 Q Those initial communications that you were describing, those were also phone calls? 3 A I am not -- I believe they were phone calls, yes. 4 Q And that was to that phone number that you had in your 5 planner that you were using at the time when you were in New 6 York? 7 A I believe so. I am not a hundred percent sure that 8 they were phone calls, but I -- it's more like a -- they were 9 phone calls than emails. 10 11 Q Can you describe Harvey Weinstein's tone during those conversations of those phone calls? 12 A Well, he was persistent and -- persistent. 13 Q And what, if anything, happened sort of following 14 15 those repeated phone calls? A Well, then later he showed up unannounced at the 16 apartment building. And I am not sure if he rang the intercom 17 or whether he called me on the phone and said he was outside, 18 but he had shown up there unexpectedly. 19 Q Did you try to get him to leave via phone initially? 20 A I did. 21 I -- he wanted to come inside and I said it wasn't a good time. 22 And so he said, you know, just talk to me like five 23 minutes. 24 that. 25 Q I want to see you for five minutes or something like And so, after you had said that it wasn't a good time, Page 1582 1 did he remain outside of your building? 2 A Yes, he wouldn't leave. 3 Q And can you describe his tone at that point? 4 A It was just very persistent and insistent. 5 Q And what did you do? 6 A Well, I didn't want him to come into the apartment, so 7 I thought I will go out and see him outside, like outside by 8 the door. 9 So I left the doors open to go outside to open the 10 front door and um, and as soon as I opened it he just pulled it 11 apart like that and barged past me and walked down the hallway 12 and said where is it, where is it, and he was pointing and saw, 13 obviously, the door was open and he just walked into the 14 apartment. 15 Q And what did you do? 16 A I mean I was just standing there like, I didn't -- I 17 didn't know what to do. 18 is he walking into the apartment. 19 Q 20 21 So I just like, oh, God. Oh, no, why Describe what happened? Did you go into the apartment? Did you follow him into the apartment? 22 A Yes. 23 Q And describe what happened once you were inside of the 24 apartment? 25 A Well, once we were inside of the apartment, we were Page 1583 1 just standing there and he was basically standing there. 2 asked a few things about the apartment and who I was living 3 with and then he was persisting with trying to convince me to 4 go with him on this trip to Paris. 5 6 7 Q Do you remember anything about the details of what he was saying at that point? A Well, at one point he said, okay, well, why don't you 8 just take your roommate if that will make you come. 9 come too. She can She can be your chaperone or whatever. 10 Q What were your responses to his request? 11 A Well, I was still trying -- I felt -- I was just 12 saying, thank you so much but no thank you. 13 not going to come. 14 15 16 He Q Basically, I am Can you describe his demeanor in the apartment as he is making these repeated requests? A He was just very overwhelming and he wasn't -- he was 17 just very, very persistent and he was still friendly but it was 18 almost beggy and he was kind of very insistent and would not 19 take -- just accept the no. 20 21 Q Did you continue to hold your ground and say that you were not going to go with him? 22 A Yes. 23 Q Was he listening? 24 MR. CHERONIS: 25 THE COURT: Objection. Sustained. Page 1584 1 Q Was he continuing to ask you to go? 2 A Yes. 3 Q At some point did he stop asking you to go? 4 A Yes. 5 Q Can you describe that? 6 A Well, at one point I had because I just didn't know 7 how to shut it down, so to speak, I just said something that I 8 have, you know, I was trying to say things. 9 And I said, you know, you have a terrible reputation 10 with women I have heard and it was more like a half joke or 11 something. 12 13 I was trying to be friendly still. But he got offended by that and he stepped back and he said, what do you mean? What have you heard? 14 That sort of thing. 15 And I said, no, I am just saying like no, just in 16 general, like whatever, but that's when he backed off. 17 Q At that point did he leave your apartment? 18 A Yes. 19 Q I am going to show you what I have marked as People's 20 Exhibits 65 through 69. 21 Do you recognize People's Exhibit 65 through 69? 22 A I do. 23 Q What do you recognize those to be? 24 A So this is the front door of the apartment building 25 where I lived during that time. Page 1585 1 2 Q And the additional pictures, are those also pictures of various portions of the apartment building? 3 A Yes. 4 Q That you lived in? 5 A Yes, the hallway, yes. 6 Q Do those pictures fairly and accurately depict what 7 those areas of the department building where you lived in 2006 8 looked? 9 A Yes. 10 11 MS. HAST: At this point, I would like to move into evidence People's Exhibits 65 through 69. 12 THE COURT: 13 MR. CHERONIS: 14 THE COURT: 15 next question. 16 Q Any objection? No, Your Honor. Those are received into evidence, And I have up on the screen People's Exhibit 65, if 17 you can just describe for the jury, what this photo is 18 depicting? 19 A So that's the very front door of the building. 20 Q And on the left-hand side, that's the buzzer system to 21 get into the building? 22 A Correct. 23 Q Sixty-six? 24 A Yes. 25 Q Actually, can you go back one moment to 65? Page 1586 1 2 And in 65, can you see where you went when you went to try to speak to the defendant outside? 3 A I was in this door, the doorway. 4 Q And where was the defendant when you got to the 5 doorway? 6 A 7 He was at the door and he just opened it and barged in when I opened it, he pulled it open. 8 Q 9 And moving on top People's Exhibit Number 66. What is this photo depicting? 10 A That is the hallway. 11 Q And is that sort of the vestibule between the front 12 entrance door and then a second doorway that leads into the 13 hallway of the apartment? 14 A Yes. 15 Q That second door, that you can see towards the far 16 back of the photo, how was -- was that positioned when you came 17 to the door to try to speak with the defendant? 18 19 A I am not sure but I -- it's -- it was either already opened or I left it open. 20 MR. CHERONIS: 21 THE COURT: 22 Objection. Speculation. Overruled. Q Going to 67. 24 A That's the -- that's the second part of the hallway. 25 Q So that is that a close up of that second door that 23 And what is depicted in People's Exhibit 67? Page 1587 1 leads into your apartment building? 2 A Correct. 3 Q When you get to that point through that first door, 4 which way do you go to get to your apartment? 5 A A left. 6 Q And is your apartment actually on the first -- first 7 floor? 8 A Yes, on the ground. 9 Q And so, looking at 68 and what is depicted in People's 10 11 12 13 On the ground floor. Exhibit 68? A That's part of the hallway leading to the -- to the -- to the door to the apartments. Q So the very front of that photograph is that right of 14 sort of right at that vestibule area when you get through the 15 second door? 16 A Yes. 17 Q And that's looking straight down the hallway then 18 where you would turn to start going to your apartment? 19 A Correct. 20 Q And can you see your apartment yet in that photograph? 21 A I think it's around the corner to the right. 22 Q So when you get to the end of this hallway you would 23 make a right to get to your apartment? 24 A Yeah. 25 Q And moving to People's Exhibit 69. What is that Page 1588 1 picture depicting? 2 A The front doors of two apartments. 3 Q And so, is this that hallway where after you make the 4 right this is the hallway that you would see? 5 A Yes. 6 Q And this is the hallway that leads then directly to 7 the apartment that you were living in at that time? 8 A Yes. 9 Q Do you recall specifically now which of those two 10 11 12 13 14 doors led to the apartment you were living in? A It was 1A I think. am not sure actually. Q So it was that -- I think -- or I I think it was the one on the left. And when you came to the door and the defendant barged in, the door to your apartment, was that open or closed? 15 A It was open. 16 Q What about the door next to it? 17 A I don't know. I believe it was closed. 18 MR. CHERONIS: 19 THE COURT: 20 Q 21 22 Overruled. If you can take that down, please. Did you tell anybody about what happened when the defendant barged into your apartment? 23 MR. CHERONIS: 24 THE COURT: 25 Objection. Q Objection. Sustained as to form. Following the defendant barging into your apartment, Page 1589 1 did you speak to somebody? 2 MR. CHERONIS: 3 THE COURT: 4 no ambiguity. 5 Q Same objection. You want to narrow that so there is Did you speak to your roommate, Liz, after you got rid 6 of Harvey Weinstein that evening or day? 7 MR. CHERONIS: 8 THE COURT: 9 10 Same objection. Can you step up? (Discussion held at the bench, off the record.) 11 (The discussion off the record concluded, 12 and the following occurred in open court:) 13 THE COURT: All right. 14 quick break. 15 witness room for a few moments. 16 17 So we are going to take a So Ms. Haleyi, if you want to return to the (Witness is excused.) THE COURT: And jurors, please remain mindful of 18 all of my prior admonitions and instructions during this or 19 any other recess. 20 21 Keep an open mind. Do not form an opinion as to the guilt or innocence of the defendant. 22 Do not discuss this case among yourselves or with 23 anyone else nor allow anyone to discuss it in your presence 24 and certainly refrain from any and all research or 25 communication, electronic or otherwise, about anything, Page 1590 1 whatsoever, to do with the case. 2 3 Have a good break. minutes. 4 See you back here in about 10 Thank you. (The jury exited the courtroom and the 5 following occurred:) 6 THE COURT: 7 Ms. Cheronis and Ms. Hast, please step forward. 8 (Discussion held at the bench, off the 9 All right. The jurors have left. record.) 10 (The discussion off the record concluded, 11 and the following occurred in open court:) 12 THE COURT: 13 Mr. Cheronis, you had some objections to make? 14 MR. CHERONIS: So back on the record. Yes, Judge. We are objecting to 15 them eliciting testimony about her statements to Elizabeth 16 Entin. 17 hearsay. 18 the jury should hear them. 19 20 21 Whatever Ms. Haleyi said to her we believe they are They are not prompt outcries and we don't think THE COURT: Ms. Hast, would you state for the record, what are you trying to elicit? MS. HAST: The fact that she did have a 22 conversation with Liz Entin following the event with the 23 defendant in her apartment. 24 witness both to that incident, as well as to the sexual 25 assault that occurs a week or so later. And Liz Entin is an outcry Page 1591 1 And it sort of completes the entire narrative, 2 what Liz is going to testify, with respect to her narrative 3 of Miriam and Miriam's relation, interactions and 4 relationship with Harvey Weinstein. 5 6 7 THE COURT: What is it that you plan on, like, what exactly do you plan on eliciting from Miriam Haleyi? MS. HAST: Just that she called Liz Entin after 8 the defendant left her apartment and had a conversation 9 with her about what happened. 10 THE COURT: Okay. 11 MS. HAST: Correct. 12 THE COURT: 13 MS. HAST: And nothing more? And then the next part? Then when Liz Entin testifies, she'll 14 talk about the fact that Miriam had called her and told her 15 about the defendant first coming into the apartment and her 16 having to get him out. 17 And then she'll talk about when Miriam comes home 18 and tells her about the sexual assault in Harvey 19 Weinstein's apartment a few weeks later. 20 21 22 23 24 25 THE COURT: Okay, can you both step up, so we can refine that a little bit? (Discussion held at the bench, off the record.) (The discussion off the record concluded, and the following occurred in open court:) Page 1592 1 THE COURT: 2 Let's see, shall we get the witness first? 3 Why don't we get them simultaneously? 4 MS. ILLUZZI-ORBON: 5 THE COURT: 7 SERGEANT: 8 Surely. Witness entering. (Whereupon, the witness entered the courtroom and was properly seated.) 10 MS. HAST: 11 THE COURT: 12 13 Your Honor, may I approach with this thing? 6 9 Back on the record. Judge, can we approach quickly? Okay. (Discussion held at the bench, off the record.) 14 (The discussion off the record concluded, 15 and the following occurred in open court:) 16 THE COURT: 17 All right. (The jury entered the courtroom and the 18 following occurred:) 19 THE CLERK: 20 21 22 Jury is entering. Case on trial continued. All parties are present. Do the parties stipulate that the jury is present and properly seated, the People? 23 MS. HAST: Yes. 24 THE COURT: 25 MS. ROTUNNO: The defense? Yes. Page 1593 1 THE COURT: 2 already on the witness stand. 3 remind you that you are still under oath. 4 apply. THE WITNESS: 6 THE COURT: Ms. Haleyi, let me just The same rules Yes. And okay. It's on. Please resume your inquiry. 8 CONTINUED DIRECT EXAMINATION 9 BY MS. HAST: 10 Ms. Haleyi is I think you have the microphone. 5 7 Welcome back jurors. Q So when we left off before break I had asked you if 11 you called your roommate, Liz, after the defendant left your 12 apartment? 13 A 14 15 16 I am not sure if I called her or if I just spoke to her when I saw her. Q And did you have a conversation with her about what had happened in your apartment? 17 A I did. 18 Q How, if at all, did you think your denial to go to 19 Paris affected the professional relationship you were trying to 20 build with the defendant? 21 MR. CHERONIS: 22 THE COURT: 23 THE WITNESS: Objection; relevance. Overruled. Um, well, at that moment, after he 24 left, I felt like he didn't sort of like me any more 25 because of what I had said. Page 1594 1 2 3 So, um, yeah, I was a little bit afraid he didn't kind of like me as a person at that point. BY MS. HAST: 4 Q Were you concerned about that? 5 A A little bit, yes. 6 Q Can you just describe that to the jury? 7 A Well, I wasn't interested in him sexually, 8 romantically. 9 obviously, continue in a good relationship as to work 10 11 I wanted him to like me and I wanted to, opportunity and like that, like that. Q Did you have further contact by phone or email with 12 Harvey Weinstein or his office following your refusal to go to 13 Paris? 14 A I did. 15 Q Can you describe that? 16 A I don't actually remember the exact conversations. 17 know that I returned the book that I read. 18 MR. CHERONIS: 19 THE COURT: 20 THE WITNESS: Objection. Sorry. Overruled. And I don't remember the exact 21 conversations but I know I returned the book. 22 Q And did you get invited at some point to go to LA? 23 A Yes. 24 Q Can you describe that? 25 A Well, I was invited to LA to go to the Clerks 2 I Page 1595 1 premier and I accepted because I had -- um, declined the offer 2 to go to Paris but this was quite different. 3 go to LA anyway because my friend was pregnant and about to 4 give birth. 5 6 Q So I said okay, I can do that. And I wanted to I will take that. Who invited you to go to Paris to see -- go to LA to see the Clerks 2 premier? 7 A Harvey Weinstein did, although I am not sure whether 8 he personally asked me or whether he did it through an 9 assistant. 10 11 Q And when you described that it was different from the Paris invitation, can you just describe that? 12 A Well, first of all, it wasn't as far as -- away. I 13 was just going on a regular trip by myself. 14 with him. 15 Q And where were you planning to stay when you went to 17 A I stayed with my friend who was pregnant. 18 Q Okay. 19 A I don't remember the exact day but it's in my 20 calendar. 21 Q 16 I wasn't traveling LA? What day were you scheduled to leave for LA? And I am going to pull up a portion of the calendar 22 that's People's Exhibit 77 and this is the page that's dated 23 July 10th through the 12th. 24 25 And do you see on that page of the calendar information with respect to your trip to LA? Page 1596 1 A Yes. 2 Q And where is that? 3 A It's in the middle, 11th of July on the Tuesday. 4 Q And so, that was your flight that was scheduled to go 5 to LA on Tuesday the 11th of July? 6 A Correct. 7 Q Who paid for the flight to LA? 8 A As far as I know, The Weinstein Company or Harvey 9 Weinstein. 10 11 Q And, by the way, at the bottom there circled, what does that stand for on your calendar? 12 A That stands for when I got my period. 13 Q Directing your attention to the day before you went to 14 LA, so July 10th of 2006, did you have a conversation or a 15 meeting with Harvey Weinstein on that day? 16 A With him or his assistant, yes. 17 Q Can you describe that? 18 A Well, he suggested I come and see him at his apartment 19 in Soho. 20 Q And did you agree to do that? 21 A I did. 22 Q And why? 23 A I had no reason not to. 24 25 It would have been odd to decline when I had accepted to go to LA. (Continued on the next page.) Page 1597 1 2 3 4 5 6 7 8 Q What was your understanding of why you were going to the apartment? A I didn't know to be honest, I just went to stop by to say hi, I didn't think it was a huge deal. Q Do you see on your calendar any indication of meeting with Harvey Weinstein on that day? A Yes, so at the bottom of 10th of July it says H.W, there would have been it. 9 Q Do you recall where his apartment was located? 10 A It was in Soho. 11 Q How did you get there? 12 A He sent a driver to pick me up. 13 Q Do you recall around when you went? 14 A I believe it was early evening or late afternoon. 15 Q Do you recall what the lighting was like when you went 16 to the apartment? 17 A I recall it being light outside. 18 Q What about when you left the apartment, do you recall 19 what the lighting was like when you left the apartment later 20 that day? 21 A I recall it being at least dusk. 22 Q Describe what happened when you arrived at the 23 24 25 apartment with his driver? A So, we arrived at the apartment and he, the driver took me upstairs in an elevator, an elevator that went straight into Page 1598 1 the apartment or the loft. 2 and greeted me and the driver left. 3 4 Q And once upstairs Harvey was there Was there anybody else in the apartment besides the defendant when you got in? 5 A No. 6 Q Do you recall how the defendant was dressed? 7 A I have a recollection of him wearing just a casual kind 8 of shirt, maybe perhaps white or light colored shirt and 9 trousers. 10 Q Describe his physicality at that point. 11 A Well, it was the same, he was a large man and -- yeah. 12 Q Were you approximately the same height and weight as 13 you were in Cannes? 14 A Yes. 15 Q Do you recall how you were dressed? 16 A I don't. 17 Q Describe the defendant's demeanor when you arrived at 18 the apartment? 19 A He was friendly, normal, he greeted me. 20 Q And what happened? 21 A He greeted me, invited me in. Asked me if I wanted 22 anything to drink, and I believe the television was on and we 23 were just having a normal exchange and sat down on the sofa. 24 Q Did you get anything to drink? 25 A I don't remember. Page 1599 1 Q And where were you seated on the sofa? 2 A Just on the sofa, on one side and he was on the other 3 side. 4 Q 5 And so what was the distance between he and you at that point? 6 A A couple of feet. 7 Q What was that? 8 A A couple of feet maybe, two or three. 9 Q Describe what happened next. 10 A We were having a normal conversations, television was 11 on, we were sort of watching it a little bit half in between the 12 conversations, and then at some point fairly soon into me being 13 there, he came towards me and lunged at me, sort of trying to 14 kiss me. 15 Q 16 Up to the point where he lunged at you, had you had any conversations of a sexual nature? 17 A No. 18 Q Any conversations of a romantic nature? 19 A No, he would say things, yes. 20 Q At the point in the apartment while you were sitting on 21 the couch having a conversation? 22 A No. 23 Q Did you have, did that conversation involve anything of 24 25 a sexual nature? A No. Page 1600 1 2 Q Did that conversation involve anything of a romantic nature? 3 A No, I mean I don't recall that. 4 Q So then described what happened at the point he lunges 5 at you? 6 A Well, I got up from the sofa and I said oh no, no, no, 7 I just kind of tried to reject him and push him away; and he 8 would just pull me back and keep kissing and fondling me. 9 got up and I tried to walk away from him but he pulled me And I 10 towards him and he was sort of walking towards me and I was 11 walking backwards trying to get away, but he would just come at 12 me. 13 Q What happened next? 14 A So, as I'm trying to get away from him, he just insists 15 and pulls me towards him while sort of walking into me, and he, 16 I walked backwards, he kind of led me, it is hard to explain. 17 He was coming towards me physically and I was backed into a 18 bedroom that was on the corner of that open space area through 19 the door. 20 Q What happened next? 21 A And he, I walked backward because he was pushing me 22 with his body until I got to the bed, and I fell backward on to 23 the bed, and I tried to get up, and he pushed me down. 24 Q What happened next? 25 A I had expressed during this entire time that I didn't Page 1601 1 want to have any like, I just said no, no, no, like I don't want 2 this to happen, this is not going to happen, I'm on my period is 3 what I said next, as well, that was not why it was not going to 4 happen, but I was just trying to tell him everything to make him 5 stop. 6 Q Were you actually on your period? 7 A I was. 8 Q Continue. 9 A And so I tried to reject him, I mean I did reject him, 10 but he insisted, and everytime I tried to get up off the bed he 11 would push me back and hold me down with his arms sorry. 12 MS. HAST: 13 Take a break if you need it, have a sip of water. 14 Q Whenever you are ready to continue. 15 A Sorry. 16 Q I think you were at the point where you were trying to 17 18 get up from the bed. A Correct. He pushed me down, he held me down by my 19 arms, and no, stay, like that, and I said no, no, and at that 20 point started realizing what was actually happening and I'm 21 being raped. 22 23 Q Do you remember sort of what was going through your mind at that point? 24 A Yes. 25 Q Can you describe that? Page 1602 1 A To some degree, I mean. 2 Q Could you describe what you remember for the jury? 3 A When I realized what was actually happening, I started 4 weighing up my options in my head, and I thought okay, I'm not 5 able to get away from him physically. 6 if I escalate this, if I scream rape, will someone hear me. So I thought, I thought 7 If I start kicking even harder, will I have a chance to 8 get away from him and will I actually get, will I be able to get 9 to the elevator, wait for the elevator, down the elevator, out 10 into the street without him catching me. 11 And if I do get all the way downstairs, is the driver 12 in on it, will he be there standing guard ready to scoop me up 13 if I get that far. 14 all, let alone get out of the apartment. 15 And I couldn't even get away from him at So ultimately after a while, I just checked out and 16 decided to endure it, that was the safest thing for me to do at 17 that point. 18 Q What happened next? 19 A He held me down on the bed and he forced himself on me 20 orally. I was on my period, I had a Tampon in there. 21 was, I was mortified. I mean it 22 Q So what did he do? 23 A He forced himself on me orally, he put his mouth on my 24 25 vagina. Q And what if anything did you do or say at that point? Page 1603 1 A I was just crying no. 2 Q Did he do anything else at that point? 3 A I kept trying to tell him no, don't go there, don't do 4 that. I said I'm on my period, I have a Tampon in there and it 5 was as if he didn't believe me. 6 MR. CHERONIS: 7 THE COURT: 8 9 A Overruled. And something like well, where is it then, like that. And he literally pulled my Tampon out. 10 Q 11 that? 12 A 13 Objection. Did he continue placing his mouth on your vagina after Yes, but I don't really -- honestly, I was in so much shock at the time, that I just checked out. 14 Q What is the next thing that you remember happening? 15 A At that point I don't remember much except when I left 16 the apartment, I remember walking out of the building and 17 looking to see if the driver was there the way I had thought. 18 19 Q Do you remember the defendant saying anything at any point after he made the comment about the Tampon? 20 A No. 21 Q And when you got downstairs, did you see the driver? 22 A No. 23 Q What did you do? 24 A I just went home, but I felt relieved that I did not 25 see the driver because a part of me was like maybe it is not Page 1604 1 that organized, maybe he's not that crazy, maybe-- 2 MR. CHERONIS: 3 THE COURT: 4 5 A Speculation, objection. Overruled. There was a part of me for some reason at that moment felt relief I had not seen the driver at least. 6 Q Do you remember how you got home? 7 A I guess I had to walk home. 8 Q I'm going to show you what is in evidence as People's 9 Exhibit 75, did you view this floor plan prior to testifying? 10 A I did. 11 Q Did you recognize some of the areas depicted in the 12 floor plan? 13 A I'm sorry. 14 Q Did you recognize some of the areas or the layout of 15 that floor plan? 16 A I did. 17 Q Does that fairly and accurately depict what the areas 18 of the apartment looked like or set up like when you were in it 19 on July 10, 2006? 20 A I believe so, yes. 21 Q And with the Court's permission, I ask the witness 22 approach the exhibit. 23 24 25 THE COURT: Q Sure. If you could point for the jury where the elevator is located on the floor plan there? Page 1605 1 A It looks like it is here. 2 Q And that elevator, did that open up into a hallway or 3 did that open up directly into the apartment? 4 A As I remember it was directly into the apartment. 5 Q Can you see in that floor plan the area where you ended 6 7 8 9 10 up sitting on the couch with the defendant? A Well, I'm not a hundred percent sure exactly about this floor plan, but it would have been in the open area over here. Q In that open area on the top left-hand corner of the floor plan? 11 A Somewhere here, yes. 12 Q Do you recall where the couch was in relation to 13 windows in the apartment? 14 A It was near the windows. 15 Q Using that floor plan, show the jury sort of where you 16 went and what was happening at the point where you jumped off 17 the couch? 18 A 19 here. 20 into here. 21 Q If this is the correct floor plan, it would have been I would have got up to leave this way and he pushed me When you say -- just for the record, indicating the 22 witness is pointing to the open area that has the label of 51 23 feet 10 inches times 27 feet six inches towards the bottom of 24 that room, then indicated going down the hallway sort of 25 underneath that room and into the room that is on the left that Page 1606 1 is labeled 15 feet 10 inches by 12 feet five inches, that is the 2 first room labeled that from that large room. 3 When you say pushed you into the room, can you describe 4 again for the jury exactly what was happening between the 5 defendant and you as you were going into that room? 6 A He was coming at me and I was trying to get away, but 7 he was basically backing me up like that, like that, with his 8 weight and his body. 9 10 11 12 THE COURT: Q Ms. Hast, the mic. Say it in the microphone. Could you remember anything about that room or what was in that room? A I remember seeing children's drawings on the walls and 13 I also remember seeing some hair colors on a shelf, but it was a 14 very dimly lit room, there was not a lot of light in there. 15 16 Q How far did you have to get back into the room before you hit the bed? 17 A Not very far, it was not a huge room. 18 Q If you could just describe once you are in that room, 19 what happens? 20 MR. CHERONIS: 21 THE COURT: 22 A 23 backwards. 24 Q 25 Objection, asked and answered. Overruled. He backs me into the room until I fall on to the bed And you had described the defendant holding you down, can you describe for the jury exactly what he was doing to hold Page 1607 1 you down? 2 A Well, he was holding me down by my wrists and also 3 pushing me down and also laying on top of me with his weight, 4 and pushing me down. 5 6 Everytime I tried to get up he would push me back down, like no stay, like that. 7 MS. HAST: For the record, initially when the 8 witness described holding her down, she had her right arm 9 up with her hand about shoulder level and indicated her 10 wrist or forearm area. Then was using her hands to pushing 11 forward when she was describing pushing her back down. 12 A Yes and -- 13 Q Go ahead. 14 A And pushing my chest down also. 15 Q And at the point he, the defendant put his mouth on 16 your vagina, can you just describe what he was doing and what 17 you were doing at that point, physically? 18 A Physically I was trying to get away until I figured it 19 was pointless and I was just squirming and I checked out 20 basically. 21 Q You can have a seat. 22 A Thank you. 23 Q Do you recall getting home to your apartment? 24 A I don't. 25 Q Did you tell anybody what happened to you in those Page 1608 1 2 3 4 5 6 7 8 initial hours or days following the incident? A I don't remember the exact conversation, but I did tell my friend Liz who I was living with. Q Did you tell Liz when you first had an opportunity to speak with her? A I believe so, but I don't remember the exact conversation. Q Did you call the police? 9 MR. CHERONIS: 10 THE COURT: I object to the foundation. Overruled. 11 Q Did you call the police? 12 A I did not. 13 Q Why not? 14 A I thought about my options, and I decided that going to 15 the police was not an option for me because having been on 16 Project Runway, my tourist visa was not -- I didn't want to, was 17 very much part of the story and I didn't want anyone to ask 18 about that and for there to be consequences for me because of 19 that. 20 Q Do you have any other considerations as well? 21 A Also well, obviously, Mr. Weinstein has a lot more 22 power and resources and connections and so forth. 23 really think I would stand a chance, I feel like he would have 24 made sure -- 25 MR. CHERONIS: Objection. I didn't Page 1609 1 THE COURT: 2 MS. HAST: 3 Sustained. If I can clarify what part of that answer, was the whole answer sustained? 4 THE COURT: 5 MS. HAST: Just that later part. Just that last part. 6 Q 7 2016. 8 A I did. 9 Q And why? 10 A Because it was already booked and I wanted to see my 11 Directing your attention to the next day, July 11, Did you go to Los Angeles? friend who is about to give birth to my Godson. 12 Q Do you recall when the Clerks Two premier was scheduled 14 A Yes, that evening. 15 Q Did you go to the Clerks Two premier? 16 A No I did not. 17 Q Did you hear from Harvey Weinstein while you were in L. 19 A I did. 20 Q Can you describe that for the jury? 21 A He called me with his assistant that evening after his 13 18 22 23 24 25 for? A. premier and asked me why I had not shown up. Q Can you describe the tone of his voice during that conversation? A He was irritated. Page 1610 1 Q What was your response and reaction to that call? 2 A I mean I just, I don't know, I just -- I had not gone, 3 so -- 4 Q 5 that call? 6 A Do you recall what if anything you said to him during No. He asked me why I had not shown up, I just gave 7 him some excuse, and -- and I remember that he said that he was 8 leaving town and so I would not see him and I said that's fine. 9 Q Did you have any additional communications with the 10 defendant or his employee while you were in L. A that you 11 recall? 12 A Not that I recall, no. 13 Q Were you planning to go back to New York City after 14 15 16 your trip in L. A? A Well, I could see in my calendar that I did, I don't remember exactly what my plan was after that. 17 Q Do you recall how long you stayed in L. A. 18 A I stayed until the birth of my friend's baby. 19 Q Did the Weinstein Company pay for your entire round 20 trip ticket to L. A.? 21 A I believe so, yes. 22 Q Did you hear from the defendant when you returned to 23 24 25 New York City? A When I returned or before, but I do not remember the conversation. Page 1611 1 2 3 Q Do you recall what the substance of the conversation A I don't remember the conversation, but he would have was? 4 asked me to come, at some point he asked me to come and meet him 5 again. 6 Q And where did he ask you to meet him? 7 A At the Tribecca Grand Hotel. 8 Q What was your understanding of that meeting or where 9 10 that meeting was to take place? A Well, I believed I was going to go there and meet him, 11 but it was not made clear to me that it would be in a room or 12 anything like that. 13 at the Mercer downstairs. 14 15 Q He was just there. I assumed it would be How were you dealing with the incident from July 10, 2006 personally at that point? 16 A 17 even was. 18 it had happened, and I felt very trapped in not being able to 19 really do anything about it because I did not want to go to the 20 police because of my own situation. 21 I was still trying to make sense of what, what that I was trying to make sense of what had happened, why And yes, I just, I was not sure how to handle it. 22 Q Did you go to the Tribecca Hotel to meet with the 23 defendant? 24 A I agreed to meet him, yes. 25 Q Did you see a marking in your calendar with respect to Page 1612 1 that meeting as well? 2 A I believe it is in there, yes. 3 Q I'm going to show you the calendar, this is People's 4 Exhibit 77, the calendar page from Monday, July 24th through 5 Monday July 26th. 6 7 Through Wednesday July 26th. If you could, looking at the calendar entry, can you direct the jury to where that entry is? 8 A Yes, on Wednesday the 26th of July down here at five 9 p.m, H. W. 10 Q Did you have an appointment following that as well? 11 A Yes, I was going to dinner with a friend. 12 Q Why did you agree to meet the defendant at the Tribecca 13 14 Hotel that evening? A I don't remember the conversations leading up to it. 15 He was very persistent and insistent in his way, and he 16 convinced me to agree to meet him again. 17 18 19 Q Do you recall anything about what you were wearing the day that you went to meet him on July 26, 2006? A I don't remember everything I was wearing, but for some 20 reason I just remember my shoes. 21 vintage snake skin shoes. 22 extremely battered that it stuck in my mind. 23 24 25 Q I just remember them being so Do you recall how you were feeling -- withdrawn. did you get to the hotel? A I was wearing a pair of I walked there. How Page 1613 1 2 Q Do you recall how you were feeling when you were walking to the hotel? 3 MR. CHERONIS: 4 THE COURT: 5 A Objection to relevance. Overruled. I don't recall exactly how I was feeling except I was, 6 I remember thinking I'm kind of trying to keep some sort of, 7 some sort of, I feel like I was trying to regain some sort of 8 power or something. 9 oh my God, I just look like such a hobo. But I looked down at my shoes and I thought 10 Q What happened when you got to the Tribecca Hotel? 11 A I actually don't recall whether an assistant took me 12 upstairs or whether the front desk sent me upstairs, but I was 13 one way or the other sent to meet him in a room inside. 14 Q What happened when you got to the room? 15 A Almost instantly he basically just took my hand like 16 that and just pulled me towards the bed. 17 Q Do you remember much of what happened at that point? 18 A At that point, well, I just thought well, I just went 19 numb and I just thought here we go again type of thing, and I 20 was just, I just felt like an idiot. 21 Q Can you tell the jury why you felt that way? 22 A Because I had made it so clear and fought him off and 23 made it very, very clear that I was not interested in him and he 24 had managed to convince me to meet him again just to do, do 25 something like that to me again, and I felt like an idiot for Page 1614 1 having believed whatever he was saying, even though I do not 2 remember the conversations. 3 Q Do you recall anything about what happened? 4 A Yes, he pulled or led me on to the bed and I didn't 5 resist physically, I just laid there. 6 Q What did he do? 7 A He had intercourse with me. 8 Q Do you recall anything about -- withdrawn. 9 10 Was anything being said between him and you? A He said things like something about -- he said 11 something like you are a whore and a bitch, but I think in a way 12 which he thought that was going to somehow turn me on. 13 MR. CHERONIS: 14 THE COURT: 15 16 17 18 19 20 A Objection, speculation. Overruled. I was, I was like motionless and just saying I'm not a bitch, I'm not a whore. Q Do you recall anything about how you were feeling at that point? A I was feeling very, I mean I was just, I felt numb, I felt numb, I felt like an idiot and I felt numb. 21 Q Did you go to dinner with your friend that night? 22 A I don't recall. 23 Q Did you tell anybody about what happened after that 24 25 second encounter? A I don't think so. Page 1615 1 Q Why not? 2 A It was deeply embarrassing. 3 Q How did you feel about yourself following that 4 encounter? 5 A It was just embarrassing, I was embarrassed. 6 Q Did you blame yourself? 7 MR. CHERONIS: 8 THE COURT: Objection. Overruled. 9 A For that time I did, yes. 10 Q Just describe that. 11 A Well, the first incident was deeply embarrassing, but I 12 didn't blame myself. 13 gone there and I blamed myself. 14 15 Q The second time I had not struggled and I Did you want to have sex with Harvey Weinstein that night? 16 A No. 17 Q Did you do anything that would make him think you 18 wanted to have sex with him that night? 19 A No. 20 Q Ultimately, withdrawn. 21 shortly after that incident? 22 23 24 25 Did you return to London A I don't remember, according to my calendar, soon after, Q Showing you People's Exhibit 77, the last page that yes. starts with the date Monday July 31st and goes to the date Page 1616 1 Wednesday August 2nd. 2 3 Do you see a notation in your calendar regarding your flight from New York to London? 4 A Yes. 5 Q Can you point that out for the jury? 6 A It is the second of August, Wednesday. 7 Q That is that part that says J. F. K to London, Virgin 8 6:45 p.m? 9 A Right. 10 Q How did you decide to deal with the defendant following 11 those interactions that you described once you had returned to 12 London? 13 A Honestly, I didn't know how to deal with it, so I just, 14 it is almost like I just put it away in a box and pretended like 15 it didn't happen and just carried on as usual. 16 17 18 19 Q In carrying on as usual, what did that mean with respect to the defendant? A I carried on relating to him exactly the way I had before anything happened. 20 Q And how was that? 21 A I was looking to have a regular kind of professional 22 connection to him. 23 Q Did you still communicate with him after that? 24 A I did. 25 Q Describe the communications that you had? Page 1617 1 A Yeah, they were not very extensive, but I would get in 2 touch to pass on scripts of my friends and if I had project 3 ideas I would get in touch to see if I could pitch him an idea 4 or see if he knew somebody who could help me with a specific 5 thing. 6 7 8 9 It was always within the context of some work opportunity or project or perhaps a screen play. Q At some point that summer, had he recommended you speak to somebody about a TV show? 10 A Sorry. 11 Q At some point that summer, had he recommended you speak 12 13 14 to somebody about another TV show? A At some point yes, he had suggested that when I get back to London I could work on pleasure of project catwalk. 15 Q What is that? 16 A A British version of Project Runway. 17 Q Did you take advantage of that recommendation? 18 A I was open to it, but ultimately no. 19 Q Did you ever meet with him again? 20 A Yes, I met with him in London to pitch him an idea I 21 had with my laptop and I showed him a video. 22 Q Do you recall where that was? 23 A I'm not sure, but according to my calendar, it was at 24 25 the Claridges Hotel. MR. CHERONIS: I did not hear. Page 1618 1 A According to my calendar it was at Claridges Hotel. 2 Q Were you alone with him there or were there other 3 people around? 4 A There was assistants and people sort of in and out. 5 Q Did you run into him at other events as well? 6 A At some point I ran into him in Cannes again, I think 7 the following year, very briefly, a bump-in. 8 Q 9 as well? Did he reach out to you by phone at one point in Cannes 10 A Yes, after I bumped into him I think. 11 Q Did you have any sort of additional interactions with 12 13 14 15 16 17 him in Cannes other than just the bump in? A He organized some tickets to see a premier but I believe I never actually made it. Q And how long did you continue sort of reaching out to the defendant with professional things? A Not for very long, perhaps the year or two following, 18 then eventually maybe a few years later. 19 one more e-mail saying I was saving up for kundalini to teach 20 training and did he have any work, even a sub runner. 21 Q I know I did send him Around that point in the winter of 2009, was that when 22 you sort of switched career paths from production TV and movies 23 to what you are doing now? 24 25 A Yes, approximately. MS. ILLUZZI: Sorry judge, one more minute please. Page 1619 1 Q I'm just going to take you back, I apologize, to July 2 10, 2006. 3 you decided to do after you stopped fighting? I think you were describing sort of ultimately what 4 A Yes. 5 Q It was sort of unclear the word you used, if it was 6 enjoy or endure, can you repeat what you said? 7 A Endure. 8 Q How long did that event would you estimate last in its 9 entirety? 10 A I honestly don't know, I don't recall. 11 Q Now, in October of 2017, without telling us what was 12 said, did you read or hear news about the defendant? 13 A I did. 14 Q Did friends reach out to you about the defendant as 15 well? 16 A Not reach out, but it came up in conversation. 17 Q Did you reach out to an attorney during that time? 18 A Eventually, yes. 19 Q What made you reach out to an attorney? 20 A Well, when I first heard the stories that came out, I 21 really was not -- 22 23 MR. CHERONIS: A I object to relevance. Okay. 24 THE COURT: 25 MS. HAST: Sustained. Sorry, you sustained that? Page 1620 1 THE COURT: I did, unless Mr. Cheronis is going 2 to cross examine on this area. 3 MR. CHERONIS: 4 THE COURT: I withdraw the objection. Go ahead. 5 A I just got distracted. 6 Q You said you reached out to an attorney, can you just 7 8 9 Can you repeat. describe why? A Well, at first I was not going to, you know, I felt, I didn't really want to necessarily -- sorry, can I start again. 10 I'll just answer your questions then. 11 lot of thought, come to the conclusion that I would like to 12 support with my voice and share my experience with women that 13 already come forward. 14 15 MR. CHERONIS: Q Which is I had, after a Objection. Without getting into the details why, you wanted to 16 share your voice. Did you want to talk to the attorney about a 17 specific concern you had before sharing your voice? 18 A Yes. 19 Q Can you describe that? 20 A I was still worried about the fact that part of the 21 story was that I had gone and worked on Project Runway on my 22 tourist visa. 23 24 25 Q Did you ultimately make a public statement about what happened to you? A Yes. Page 1621 1 2 Q And after going public, did you meet with people from the District Attorney's Office? 3 A Eventually, yes. 4 Q Are you suing Harvey Weinstein? 5 A No. 6 Q Have you got any money from Harvey Weinstein other than 7 the pay from Project Runway and some tickets, flight tickets? 8 A No. 9 Q By the way, did you change the spelling of your name? 10 A I did. 11 Q Was that after you went public? 12 A Yes. 13 Q Can you describe that for the jury. 14 MR. CHERONIS: 15 approach. 16 17 Objection relevance, and if I can THE COURT: A Overruled. I changed the spelling of my name because it was a very 18 small change, just the last letter, and I had been thinking 19 about that change for a very long time. 20 Now, when I went public, one of the things I was not 21 even thinking of was the fact that whenever you Google me, that 22 is all going to come up. 23 me, so I thought you know what, this is a good time to make that 24 change, and to make it more generic and for the results to just 25 be about this. An employer, whoever wants to Google Page 1622 1 2 Q How was your name spelled before you made the name change? 3 A H. A. L. E. Y. I. 4 Q What is it now? 5 A H. A. L. E. Y. 6 MS. HAST: 7 THE COURT: 8 CROSS EXAMINATION 9 BY MR. CHERONIS: No further questions. Mr. Cheronis, cross examination. 10 Q Good afternoon. 11 A Good afternoon. 12 Q Can you describe to the member of the jury how on July 13 10, 2006 you went to Harvey Weinstein's Soho apartment? 14 A How I got there? 15 Q You described you did in fact go there? 16 A Yes. 17 Q At that apartment, you described for the members of the 18 jury that you were sexually assaulted? 19 A Yes. 20 Q Now, Ms. Hast asked you some questions about your 21 subsequent contact with Mr. Weinstein. 22 questions? 23 A Somewhat, yes. 24 Q You ran into him at times? 25 A Yes. Do you remember those Page 1623 1 Q You ran into him at the Cannes Film Festival in 2008? 2 A I believe so, yes. 3 Q You actually called him while he was in France, did you 4 5 6 7 not, at the Cannes Film Festival? A Yes, we called each other, I'm not sure who called first. Q Okay. 8 MR. CHERONIS: 9 THE COURT: 10 11 12 If I may approach, your Honor. Give it to the officer. ( Handed to witness). Q I want to clarify, there is a highlighted phone number, that is your phone number, isn't it? 13 A It is, yes. 14 Q It is an incoming call to Mr. Weinstein? 15 A Yes. 16 Q You saw Mr. Weinstein at the Cannes Film Festival? 17 A Yes. 18 Q Do you remember where it was you saw him? 19 A I don't. 20 Q But you did actually make eye contact with him when you 21 were at Cannes? 22 A Yes, I believe so, yes. 23 Q Well -- 24 A Well -- 25 Q You actually bumped into him, didn't you? Page 1624 1 A I'm not actually sure. 2 Q Do you remember seeing him at the Cannes Film Festival 3 in 2008 when you were there? 4 A I do not remember the exact meeting, no. 5 Q I'm going to show you what I'll mark as Defense Exhibit 6 Number -- 7 THE CLERK: 8 THE COURT: 9 10 You have E available. Let's go beyond, E is not available, so M. Q Show this to Ms. Haley. 11 ( Handed to witness). 12 Q Do you recognize that as your e-mail address, ma'am? 13 A Yes, yes. 14 Q That is an e-mail you sent to Harvey Weinstein? 15 A Yes. 16 Q That is a true and accurate depiction of the actual 17 18 e-mail you sent, correct? A Yes. 19 MR. CHERONIS: Date is June 27th of 2008, right? 21 MR. CHERONIS: I ask this be published. 22 MS. HAST: 23 THE COURT: 24 ( Shown to jury). 20 25 A Q Yes. Zoom in on that. No objection. Defense M is received into evidence. Is this the last time you saw Harvey Page 1625 1 Weinstein in person before today? 2 A I believe so. 3 Q If you look at this e-mail, it says hi Harvey, how are 4 you, great to see you in Cannes, correct? 5 A Uh huh. 6 Q Am I right? 7 A Yes. 8 Q You did see him, right? 9 A Yes. 10 Q When you saw him, you approached him, talked to him? 11 A I would presume so from this e-mail, but I do not 12 13 14 remember the exact meeting. Q That was two years after approximately the incident at the Soho apartment, correct? 15 A Yes. 16 Q And we have already gone through some phone records, 17 you at least called him once while he was in Cannes in 2008? 18 A Yes. 19 Q The e-mail you sent to him hi Harvey, how are you, 20 great to see you? 21 A Yes. 22 Q Those were your words you chose to put on to the paper? 23 A Yes. 24 Q You said I noticed an article in today's New York Post 25 about the Adams Family being turned into a play, musical? Page 1626 1 A Yes. 2 Q Because after you saw Harvey, you read the New York 3 Post and there was an article in there about that very thing, 4 correct, that would make sense? 5 A That would make sense based on this e-mail. 6 Q Then you say to Mr. Weinstein just to remind you what a 7 genius I am, didn't I tell you that it was a great idea like 8 three years ago at the Mercer bar, um, you said that? 9 A Yes. 10 Q Then you signed it, how did you sign that to Mr. 11 Weinstein? 12 A Lots of love. 13 Q Miriam, lots of love? 14 A Lots of love, Miriam. 15 Q Now, the meeting you are referring to, the Mercer bar, 16 you testified about that in front of this jury earlier today, 17 correct? 18 A Yes. 19 Q That was the same summer you met Mr. Weinstein, wasn't 21 A Yes. 22 Q The same summer you worked at Project Runway? 23 A Yes. 24 Q That was also the same summer where you told this jury 20 25 it? you were sexually assaulted by Mr. Weinstein, correct? Page 1627 1 A Yes. 2 Q And when you read that article, you started to 3 reminisce about that meeting at the Mercer, didn't you? 4 A Yes, but -- 5 Q That is what you sent him, that e-mail? 6 A Yes. 7 Q You signed it lots of love? 8 A Yes. 9 Q You talked to him also when you were in Cannes, did you 11 A Yes. 12 Q When you saw him in Cannes -- when you identified him 10 13 not? in court, you said I know him, right? 14 A Yes. 15 Q When you saw him in Cannes, you did not walk away and 16 go in the other direction, did you? 17 A No. 18 Q You still had his phone number? 19 A Yes. 20 Q You still used it, still talked to him? 21 A Yes. 22 Q And Mr. -- 23 A Yes, not often, but yes, occasionally. 24 Q That is the same Harvey Weinstein who asked you to come 25 to his apartment in Soho, correct? Page 1628 1 A Yes. 2 Q And Mr. Weinstein responded to this e-mail, did he not? 3 A Yes. 4 Q Mr. Weinstein's response was Miriam, you are a genus, 5 it is good to hear from you, all my best, Harvey? 6 A Yes. 7 Q The same Harvey Weinstein whose apartment you were in 8 on July 10, 2006? 9 A Yes. 10 Q Same Harvey Weinstein you reached out after you saw him 11 at Cannes? 12 A Yes. 13 Q Now, all those words in that e-mail, you didn't know 14 anybody would ever see those other than you and Mr. Weinstein, 15 did you? 16 17 MS. HAST: A Objection. That -- 18 THE COURT: Overruled. 19 A That is actually not true. 20 Q Well, you sent it to him directly, didn't you? 21 A I presumed his assistant gets his e-mails. 22 Q Okay. 23 You testified that before knowing Mr. Weinstein, you knew an individual named Michael White, correct? 24 A Yes. 25 Q And Michael White was a very well known producer in his Page 1629 1 own right, wasn't he? 2 A Yes. 3 Q He was a man who not only was a producer, he was a 4 pretty popular individual in the industry, wasn't he? 5 A Correct. 6 Q He threw some great parties? 7 A Yes. 8 Q He knew a lot of famous people? 9 A Yes. 10 Q He knew a lot of other producers? 11 A Yes. 12 Q Through your time with Mr. White working as his 13 personal assistant, you got to know and meet some of those other 14 producers and famous people, isn't that fair to say? 15 A Yes. 16 Q In the summer of 2006 you were 29 years old, right? 17 A Yes. 18 Q You had been living either on your own or with Michael 19 White, on your own working for Michael White for a period of 20 time, right? 21 22 23 24 25 A I had worked for him for a period of time, yes, I was not living with him. Q I didn't mean it like that. working with him? A Yes. I just meant you were Page 1630 1 Q Now -- 2 A Up until 2005. 3 Q Sure, through your friendship with Michael you were 4 friends with him? 5 A Yes. 6 Q You met Harvey Weinstein? 7 A Yes. 8 Q It is your testimony the first time you meet Harvey 9 Weinstein is in 2004 at the premier for the movie The Aviator? 10 A The U.K premier, yes. 11 Q A movie directed by Martin Scorsese with Leonardo 12 Dicaprio in it, a big movie? 13 A Yes. 14 Q This was an industry party but it was social, wasn't A It was a movie premier, after party for a movie 15 16 17 18 19 it? premier, it is an industry party. Q Mr. White and Mr. Weinstein started talking because they knew each other? 20 A Correct. 21 Q You were with Mr. White? 22 A Correct. 23 Q Mr. Weinstein, according to you, made a joke about what 24 25 he was going to name his company? A Correct. Page 1631 1 Q His company is Miramax or was Miramax? 2 A No, I believe it was Weinstein Company already at that 3 4 5 6 point. Q You understand his company at one point was Miramax, right? A He actually explained that to me. I knew his company 7 was Miramax, I did not know what the reference was to until he 8 explained it to me. 9 Q It was a friendly conversation? 10 A Yes. 11 Q In between the meeting at The Aviator premier and when 12 you met Mr. Weinstein in 2006, Michael White got ill, didn't he? 13 A Yes, very. 14 Q His company unfortunately went under? 15 A Correct. 16 Q You were working with Mr. White and when he got ill, 17 that affected your ability to earn a living because he was your 18 employer? 19 A Yes. 20 Q And in 2006, you go to France to the Cannes Film 21 Festival? 22 A Yes. 23 Q The Cannes Film Festival is something that happens 24 25 every year? A Yes. Page 1632 1 2 Q A lot of parties at the Cannes Film Festival, industry related but also very social, right? 3 A Correct. 4 Q And at the Cannes Film Festival you were standing on a 5 friend's boat I believe, isn't that right, a friend named 6 Nicholas? 7 A On that occasion, yes. 8 Q From looking through your calendar, we do not need to 9 go through the whole thing. You had a lot of events that were 10 planned at that first week the a the Cannes Film Festival right, 11 different parties? 12 A Probably, if I recall. 13 Q At one of these parties, maybe a boat party, you see 14 Harvey Weinstein? 15 A I don't recall exactly where I saw him, but yeah. 16 Q Do you remember telling the State at some point in June 17 of 2018? 18 A Sorry, we are talking about 2006, yes. 19 Q Was it a boat party? 20 A Possibly, because when I would have met him, when I did 21 22 meet him, it looked like in my calendar there was a boat party. Q When you are testifying, I know you looked at your 23 calendar, you have a memory of your events or are you relying on 24 the calendar? 25 A I don't remember exactly where I met Mr. Weinstein. I Page 1633 1 met him at an event, whether that was, on a both or somewhere 2 else, I'm not a hundred percent sure. 3 4 Q When you met Mr. Weinstein, you walked up to him and struck up a conversation with him, correct? 5 A I cannot say that for sure it was me walking up to him. 6 Q You recognized him, didn't you? 7 A I did. 8 Q You recognized him from not only being on television or 9 the Oscars, but the introduction with Michael White, right? 10 A Correct. 11 Q At that point when you spoke to Mr. Weinstein, did you 12 talk at all about Michael White's health? 13 A Possibly, but I don't recall. 14 Q It is your testimony at that point Mr. Weinstein and 15 you discussed you possibly working in a production in New York, 16 right? 17 A No, I was just inquiring about it. 18 Q So, what you said to Mr. Weinstein, you'll go to New 19 York and wanted to know if he had any potential jobs for you? 20 A Correct. 21 Q It is at that point you said Mr. Weinstein said to you 22 come to my hotel and we will talk about it or come to a hotel 23 and we will talk about it? 24 A 25 meeting. He said I believe he said to call him to arrange a Page 1634 1 Q And did he give you his number at that point? 2 A I don't recall. 3 Q Because the People introduced a Majestic sort of piece 4 of paper. 5 A Yes. 6 Q You had not been to the Majestic before that, had you? 7 A Other reasons, no, but not to see him. 8 Q It's fair to say you would have got that piece of paper 9 with Mr. Weinstein's number on it at the Majestic? 10 A 11 then. 12 Q It is possible? 13 A Yes. 14 Q Mr. Weinstein asks you if you'll meet him at the 15 Yes, but I may have got his assistant's number before Majestic to talk about this job opportunity? 16 A Yes, at the Weinstein Company offices at the Majestic, 18 Q Now, Mr. Weinstein, was he staying there personally? 19 A From what I heard he was not, but I cannot be sure. 20 Q He was staying at the Hotel Martinez, wasn't he? 21 A I had no idea, I thought he stayed at the hotel Du-Cap, 17 yes. 22 but that was just a rumor I heard he had a suite there every 23 year. 24 Q 25 Do you remember telling the People in 2018 when you initially talked to them the meeting was at the Hotel Martinez? Page 1635 1 2 A I don't recall, but I may have mixed the two up. They are very similar and almost next to each other. 3 Q If we could go to June 24th on your calendar. 4 May 24th. 5 spot up there. 6 the middle on the 23rd? This is May 24th. Sorry, Look at the calendar, there is a You can see that says Hotel Martinez, right, in 7 A Yes. 8 Q Do you remember going to the Hotel Martinez for any 9 reason? 10 A No, but I've been to most of the hotels. 11 Q What I'm asking you, do you remember going to the Hotel 12 Martinez on May 23rd? 13 A No. 14 Q Now, you told the members of the jury that after the 15 massage request at the Majestic, we will talk about that, 16 afterward, Mr. Weinstein reached out to you, correct? 17 A Either him or his assistant did, yes. 18 Q If you look at Monday, May 22nd, the name Barbara is 19 written there? 20 A Yes. 21 Q Next to it, the last name is crossed off, right? 22 A Yes. 23 Q That is Barbara Schneeweiss, that is her number, a 323 24 area code? 25 A I don't know, but I presume so, yes. Page 1636 1 2 Q So did you have Barbara Schneeweiss's phone number on May 22nd before you went to the Majestic? 3 A No. 4 Q But it is there on May 22nd? 5 A Yes, sometimes I doodle wherever there is room. 6 Q Okay. 7 8 9 10 Would it have been there within those three days that you had Barbara Schneeweiss's phone number? A I'm not sure exactly when I got Barbara Schneeweiss's phone number. Q You told the members the jury somebody reached out to 11 you after you left the Majestic to offer you this job at Project 12 Runway? 13 A Harvey Weinstein may have already suggested it at the 14 hotel, but I did not think anything would actually come of it 15 considering how he treated me. 16 it did. 17 18 Q However, I was surprised to see But Barbara's number we can agree is on there in the portion for May 22nd, correct? 19 A It is. 20 Q Then there is the Majestic meeting with you and Harvey 21 Weinstein that you just told the members of the jury about, 22 right? 23 A Correct. 24 Q And you are invited to the Majestic, if you look at 25 this calendar now, look at Paul Allen's boat party, do you think Page 1637 1 you met Mr. Weinstein or not sure? 2 A Not sure. 3 Q One of those parties, fair to say? 4 A It would have been at one of the parties, yes. 5 Q Then the next day there is a meeting with Harvey 6 Weinstein? 7 A Yes. 8 Q You see that crossed off up there under the 23rd? 9 A Yes. 10 Q Do you know what it says under there? 11 A I'm not sure, no. 12 Q Could it say Paul, Harvey, and Emily? 13 A Yes probably, possibly, yes. 14 Q Do you know why you would have crossed that off? 15 A Maybe because I called, because I would doodle after I 16 17 18 had done something I had written down. Q Then do you know why you would have crossed off Barbara's last name? 19 A Perhaps because I could not spell it, I don't know. 20 Q In any event, you wind up going to the Hotel Majestic, 21 right? 22 A Yes. 23 Q When you get to the Hotel Majestic, there is an 24 25 individual there, an assistant of Mr. Weinstein? A Correct. Page 1638 1 Q That assistant brings you up to the room? 2 A Correct. 3 Q Do you remember what you did earlier that day on the 4 24th at the Cannes Film Festival, do you remember where you 5 went? 6 A I don't. 7 Q When you get to the Hotel Majestic, you get brought to 8 Mr. Weinstein's room, right? 9 A Yes. 10 Q The two of you, according to your testimony, have a 11 brief conversation about whatever? 12 A Yes. 13 Q At some point you say Mr. Weinstein asks you about 14 massages? 15 A Yes. 16 Q He asked if you'll give him a massage or at some point 17 if he can give you a massage, right? 18 A Correct. 19 Q At this point you told the members of the jury you were 20 very upset to say the least, right? 21 A I was offended, yes. 22 Q You were offended because this was a business meeting 23 you thought you were going to potentially talk about Project 24 Runway? 25 A No, not Project Runway at that point. Page 1639 1 Q Something else? 2 A I allegedly I went there to meet him to ask if he had 3 4 5 anything, any production work I could help on, yes. Q During the course of that meeting, it is your testimony Mr. Weinstein propositioned you with a massage, right? 6 A Repeat. 7 Q Propositioned you with a massage? 8 A He did, yes. 9 Q And you were humiliated is the word you used? 10 A I was. 11 Q You left and you left the room, you testified you 12 started crying? 13 A Once I left the hotel. 14 Q And when did Mr. Weinstein give you his phone number 15 during the course of that? 16 A I don't recall when he actually gave it to me. 17 Q Somebody's phone number is usually the last thing you 18 get, right? 19 20 MS. HAST: A 21 22 23 Probably. THE COURT: Q Objection. Overruled. Was it after Mr. Weinstein had made these propositions and you were walking out the door he gave you his phone number? 24 MS. HAST: 25 THE COURT: Objection. Overruled. Page 1640 1 A Possibly, probably. 2 Q Then you said at some point later you received a call 3 from Mr. Weinstein but you do not really remember it? 4 A I don't remember if it was from Mr. Weinstein himself 5 or an assistant, but somebody came through to arrange for me to 6 go help out on Project Runway. 7 Q Mr. Weinstein gave you his number? 8 A Yes, I may have followed up with his office. 9 Q So we are clear, you called Mr. Weinstein's office 10 after this massage request? 11 A Yes. 12 Q And when you called Mr. Weinstein's office, who did you 13 talk to? 14 A Actually I'm not sure, but yes, yes. 15 Q Were you thinking in your head at this time, this 16 massage incident occurred, why am I going to call this guy for a 17 job? 18 A No, I needed a job. 19 Q And isn't it true that Project Runway was already in 20 production at that point? 21 A Correct. 22 Q And being in the production industry, you are aware it 23 was probably fully staffed by the time that you would have got 24 involved, correct? 25 A Yes. Page 1641 1 Q Isn't it true when you spoke to Mr. Weinstein, you 2 actually had to tell him I'll do anything, I'll be a runner, I 3 just want experience? 4 A Correct. 5 Q So, my question is then, after the massage request and 6 you called the Weinstein office, then you tell Mr. Weinstein you 7 want to work on Project Runway, you don't care in what capacity? 8 A No, that is not correct. 9 Q Okay, you did follow up, right? 10 A He suggested Project Runway, I did not even know that 11 he was a producer on it and I never actually seen the show. 12 Q 13 call? 14 A Did he suggest this when you followed up with the phone I don't remember whether he suggested it after at the 15 hotel or whether he suggested it later, but I believe he may 16 have mentioned it at the hotel. 17 Q Well, you have testified before in this case, correct? 18 A Yes. 19 Q You testified in the grand jury, correct? 20 A Yes. 21 Q The grand jury is not the same kind of jury as this, 22 but another jury in this building that listened to your 23 testimony? 24 A Yes. 25 Q At that point were you asked these questions, did you Page 1642 1 give this answer regarding the Majestic, did you -- question and 2 did you, after you left the Majestic, did you hear from Harvey 3 Weinstein again? 4 whether it was by text or e-mail. 5 that I had with him I had with him, well had after also was 6 through an assistant, so it might have been, but I was surprised 7 he suggested, he basically told me he really didn't have a real 8 job or anything. 9 which was a TV in New York which already started shooting, if I 10 Usually the communication They were producing, shooting Project Runway wanted to get on the set and help out I could -- 11 MS. HAST: 12 Objection, it is not a prior inconsistent statement. 13 THE COURT: 14 15 I did, although I don't remember exactly Q Sustained. In any event, you had a conversation with Mr. Weinstein about Project Runway, correct, at that point? 16 A At which point? 17 Q The point of this conversation when you were discussing 18 it? 19 MS. HAST: 20 23 Clarify when, what conversation. 21 22 Objection. THE COURT: Q Fair enough. At some point after the Majestic, you had a conversation with Harvey Weinstein, correct? 24 A Him or his assistant, yes. 25 Q Well, isn't it true that you previously testified that Page 1643 1 he told me he really didn't have a job or anything, but they 2 were producing Project Runway? 3 A Yes, so I believe he may have suggested it at the hotel 4 or later, I'm not sure if it was at the hotel or later by 5 telephone. 6 Q When you testified about the hotel, it was a brief 7 conversation followed by the massage request followed by you 8 leaving, correct? 9 10 11 12 A Yes, there was obviously other conversations in between that, but I don't recall everything that was said. Q In any event, you, I think the next day or the day after you fly to New York, correct? 13 A Yes, that was already planned. 14 Q You already had the tickets? 15 A I did. 16 Q You flew to New York and were going to stay with your 17 friend Elizabeth? 18 A Correct. 19 Q You didn't have a work visa to work in the United 20 States? 21 A Yes. 22 Q You had a tourist visa? 23 A Correct. 24 Q When you get to New York, you reach out to Barbara, you 25 call Harvey's office, right? Page 1644 1 A I don't remember the conversations, but I presume so, 3 Q Then if we can stay on this calendar. 4 A Either I called them or somebody called me. 5 Q This is the 29th of May, this is your calendar? 6 A Yes. 7 Q If we can below that says call Harvey's office about 2 yes. 8 Runway project and ask for Barbara. 9 memory whether you called Harvey's office to talk about Project 10 Does this refresh your Runway? 11 A Yes. 12 Q Below that there is Charles Meech at Weinstein dot com, 13 you see that? 14 A Yes. 15 Q Under there where it is crossed off it says Harvey's 16 assistant? 17 A I know now, yes. 18 Q Why would you cross off the name Harvey's assistant 19 under there? 20 A I have no idea. 21 Q When you get to New York, you meet with Barbara, right, 22 at some point? 23 A At some point. 24 Q And part of what was happening with the Weinstein 25 Company with Barbara is you explained to her that you did not Page 1645 1 have the proper paperwork, correct? 2 A Yes, but Harvey was aware of that too. 3 Q No doubt, okay. 4 They also said they would help you with the paperwork, didn't they? 5 A Not at that time because there was no time. 6 Q Didn't Mr. Weinstein give you the names of immigration 7 lawyers? 8 A Sorry. 9 Q Didn't Mr. Weinstein give you the name of some 10 immigration lawyers in New York? 11 A I don't recall that. 12 Q Somebody name Peter L. O. B. E. L. 13 A I don't recall that. 14 Q You are not saying he didn't, you are saying you don't 15 recall? 16 A I don't recall. 17 Q Because you made it clear you did want some help with 18 your immigration issue, didn't you? 19 A I was not looking to work illegally in any capacity. 20 Q I understand, that is why you were looking for help 21 22 23 with immigration? A Correct. He said there was no time for Project Runway on this occasion. 24 Q Mr. Weinstein said that? 25 A I believe I recall Mr. Weinstein at some point saying Page 1646 1 that, yes. 2 Q When did he say that? 3 A I don't recall the exact conversation. 4 Q But you testified to it? 5 A Well, he said yes because he said it is already 6 shooting. 7 help out on that you can. There is no time for that. If you want to go and 8 Q You went and did help out on the Project Runway show? 9 A Correct. 10 Q You were a runner, doing things like that? 11 A A production assistant tasks. 12 Q You described it before as a runner, I'm not trying to 13 be disrespectful. 14 MS. HAST: Objection. 15 A That is incorrect, I offered to be a runner. 16 Q Understood. 17 A Only two or three weeks. 18 Q During the time you were on Project Runway for two or How long did you work on Project Runway? 19 three weeks, you met other people in the Weinstein Company who 20 were working on Project Runway, correct? 21 A Yes. 22 Q You met Dan Kuando (phon) at some point, Harvey's 23 assistant? 24 A 25 I believe that is Harvey's assistant, yes I did, I don't recall him working on Project Runway. Page 1647 1 Q You met Barbara? 2 A Yes. 3 Q And other individuals, didn't you? 4 A Yes. 5 Q For those first couple of weeks while you were in New 6 York City, you were having it good, you were working on a show 7 in the United States, it was a good show, correct? 8 A It was fine. 9 Q And we can turn to June 22nd. This is your entry for 10 June 22nd almost, I think everybody can see it. This is your 11 entry in your calendar for June 22nd through June 24th, correct? 12 A Yes. 13 Q You write I love New York, I love love, I love New 14 York, I love stuff, and draw a bunch of hearts above it and what 15 looks like a rocket ship? 16 A Yes. 17 Q Is it fair to say when you drew that, that reflected 18 how you felt about New York at that time? 19 A Yes. 20 Q You drew I love these things and you drew the hearts? 21 A Correct. 22 Q 23 A Yes. 24 Q Then above there, there is a heart with an arrow 25 Things you draw when you are in a good mood? through it, that is crossed off, do you see that? Page 1648 1 A What do you mean crossed off. 2 Q A heart with an arrow? 3 A Scribbles. 4 Q You know what is under that? 5 A I don't. 6 Q Do you know when you scratched that off? 7 A No. 8 Q After Project Runway wraps, you have a conversation 9 with Harvey Weinstein from your direct examination about how 10 much good feedback he had about your role in Project Runway, 11 correct? 12 A Sorry, repeat it. 13 Q After you are done with Project Runway, you send an 14 e-mail to Harvey Weinstein? 15 A Yes. 16 Q Mr. Weinstein responds to you that he had got a bunch 17 of good feedback about your role in what you did for project 18 Runway? 19 A Yes, he said I had good feedback, yes. 20 Q Then the two of you, he invites you to meet at the 21 Mercer Hotel at some point? 22 A Yes, in the lobby. 23 Q You went there, correct? 24 A Uh huh. 25 Q When you went there, you sat in the bar area? Page 1649 1 A In the lobby area. 2 Q The bar in the lobby? 3 A The bar in the lobby area. 4 There are two bar areas, one is more bar bar, one is floppy bar. 5 Q Either one of them you are in the lobby area? 6 A Yes. 7 Q When you are in the lobby area with Mr. Weinstein, 8 you're having conversations with him? 9 A Correct. 10 Q You described to the members of the jury he was at 11 times charming and funny during the conversations? 12 A Yes. 13 Q He was sharing with you things he loved about the 14 movies? 15 A Partly, yes. 16 Q You don't really remember that conversation all that 17 well? 18 A No. 19 Q You came away from it? 20 A Feeling good, yeah. 21 Q The initial e-mail I showed you when I started my cross 22 examination, that actually related to that meeting at the 23 Mercer, didn't it? 24 A Yes. 25 Q And when you leave the Mercer, the next time you have Page 1650 1 an interaction with Mr. Weinstein was at the Weinstein Company 2 offices; is that right? 3 A I believe so, yes. 4 Q And at the Weinstein Company offices you are there and 5 talk to Barbara? 6 A I believe so, yes. 7 Q And Harvey is also at the office at that time? 8 A In his office, yes. 9 Q At some point Mr. Weinstein talks to you while you are 10 at the office? 11 A Yes. 12 Q And he gives you a book? 13 A Yes. 14 Q Tender Is The Night by F. Scotts Fitzgerald? 15 A Yes. 16 Q You accept the book? 17 A Yes. 18 Q Did you talk to him at the office as well, just a 19 general conversation? 20 A Yes. 21 Q Dan Kuando is also there at that point? 22 A Yes. 23 Q Then it is your testimony Mr. Weinstein offers to give 24 25 you a ride home? A Yes. Page 1651 1 2 3 Q How far did you leave at that point to Ms. Entin's apartment from the Weinstein Company office? A Well, the office is -- I believe we are in Tribecca, I 4 was living in the east village, so I don't know, however long 5 that takes. 6 Q You have to tell me how many miles you think. 7 MS. HAST: Objection? 8 A I don't actually know. 9 Q It was not a long drive? 10 A It was not a very long drive, no. 11 Q While you are in the car with Mr. Weinstein, you said 12 he starts talking to you about Factory Girl, the Andy Warhol 13 movie? 14 A Yes. 15 Q And does he talk to you about anything else while in 16 the car? 17 A Yes. 18 Q Do you remember what it was? 19 A No, just general conversation. 20 Q Cordial conversation? 21 A Yes. 22 Q Now, at this point the initial meeting you had with Mr. 23 Weinstein, according to your testimony, was the massage request, 24 right? 25 A Uh huh. Page 1652 1 Q 2 yell. 3 A Repeat. 4 Q Aviator, Cannes, massage request, right? 5 A Yes. 6 Q And then we have sort of this break and you meet him at 7 You have to say yes. The court reporter Randy will the Mercer and he's being charming, right? 8 A After Project Runway, yes. 9 Q Now, when he's driving you home, it is your testimony 10 he gets out of the vehicle? 11 A He does. 12 Q When he gets out of the vehicle, he wants to see where 13 you live? 14 A Yes. 15 Q And you told the members of the jury that basically you 16 said you can't come in at this point, right? 17 A Yes. 18 Q He was asking you to go to Paris with him? 19 A Yes, at some point he invited me to go to Paris with 21 Q You didn't want to go? 22 A I did not. 23 Q The reason you did not want to go to Paris with him, 20 him. 24 you thought, I believe what you said it was an inappropriate 25 request? Page 1653 1 A Well, I didn't think it was a professional request. 2 Q If it is not professional, it may be inappropriate, 3 right? 4 MS. HAST: 5 THE COURT: Objection. Overruled. 6 Q Correct? 7 A Not, yeah, I mean inappropriate professional context. 8 Q You did not want to stay in a room with him? 9 A Certainly not. 10 Q You certainly didn't want to be alone with him? 11 A Certainly not. 12 Q You certainly didn't want to be on a plane with him 13 flying across the Atlantic in a private plane, did you? 14 A No. 15 Q You tell Mr. Weinstein thanks but no thanks, then he 16 leave, correct? 17 A Yeah, he leaves. 18 Q Then it is your testimony sometime later after calling 19 and texting you and asking you to go to Paris, Mr. Weinstein 20 comes back to your apartment? 21 A He does, yeah, he did. 22 Q When he comes back to your apartment, does he hit the 23 24 25 buzzer or come right in? A As I was saying earlier I don't remember whether he used the buzzer or whether he called on his phone to let me know Page 1654 1 he was outside. 2 Q 3 earlier. 4 A Yeah. 5 Q That is an apartment in what village? 6 A East Village. 7 Q It is not like a big high rise somewhere in a fancy 8 I want to talk a little about the exhibit you looked at We can see that, right? neighborhood, is it? 9 A No. 10 Q It's a nice apartment, right? 11 A It is a regular apartment, yeah. 12 Q A regular apartment. 13 Mr. Weinstein could not just walk right in there because there is a security door, right? 14 A Correct. 15 Q There is a buzzer you need to buzz in to get into the 16 apartment? 17 A Correct. 18 Q So, Mr. Weinstein would have had to sit out there all 19 day unless you came to the door? 20 A Correct. 21 Q There is no doorman there either? 22 A No. 23 Q But there is a security measure so strangers just 24 25 cannot come into the apartment, you would agree with that? A It is a door that has a buzzer that is locked unless Page 1655 1 2 3 somebody has the key or buzzes you in. Q That is your understanding how most apartments are in New York, right? 4 MS. HAST: 5 THE COURT: Objection. Overruled. 6 A I wouldn't know. 7 Q So, at some point Mr. Weinstein appears at the door or 8 outside of the house, correct? 9 A Correct. 10 Q And he's calling you and he's texting you and he's 11 begging you to go to Paris with him? 12 A Correct. 13 Q Then you say at that point you go outside, right? 14 A Well, he was not leaving, so I didn't want him to come 15 inside. 16 to him there because he asked to see me face-to-face. 17 18 19 20 21 Q So I thought I would go to the very front door and talk And he could not come inside unless you came to the door, we can agree with that, right? A Absolutely yes. I did not want to buzz him in to come inside. Q Go the next picture on the slide. Following the sort 22 of trajectory of this exhibit, if you walk in, is that the front 23 door closest to me as it is opened, there is an open door right 24 there? 25 A Yes. Page 1656 1 Q Entrance to the building? 2 A Yes. 3 Q Then there is another door past that front door? 4 A Yes. 5 Q Is that door also a security door? 6 A That is a door locked, but you can totally leave it 7 open or sometimes it is even open all the time. 8 Q Sometimes it is even open all the time? 9 A What I mean is sometimes people leave it open, just 10 open and sometimes it is closed, but you can still open it and 11 leave it open. 12 13 14 15 16 Q In a regular situation, if you walk out that door closes? A Yeah, you would not -- if you didn't have the keys with you for example? Q Let me just ask you the questions ma'am. If you go to 17 the door unless you prop it open, that door shuts and you have 18 to buzz yourself to get in as well, correct? 19 A Yes, well -- 20 Q Go the next picture. That is the second door I 21 probably should have had up before I was asking you those 22 questions, right? 23 A Well yes, that is the second door. 24 Q There is a prop under the door right there, right, that 25 keeps it up? Page 1657 1 2 THE COURT: A Hold on. Yes. 3 THE COURT: 4 Make sure you say yes or no and make sure she says yes or no. 5 MR. CHERONIS: Thank you. 6 Q That is the second door, correct? 7 A Yes. 8 Q That is another security door that can be propped open? 9 A Yes. 10 Q If we can go to the next picture. 11 that you would go left on and walk down the hallway, correct? 12 A Yes. 13 Q If we go to the next picture. 14 That is a hallway You got to make a right turn then you get to the apartment of Ms. Entin, right? 15 A Yes. 16 Q Is it your testimony Mr. Weinstein barged through the 17 first door, past you, walked through the second door, took a 18 left, then made a right to get to that apartment? 19 A He did, yes. 20 Q When he did that, were you concerned? 21 A Yes, I mean I was -- I was just -- I didn't want him to 22 come into the apartment, so I was wondering what the heck he was 23 doing. 24 Q Did you follow him? 25 A Yes. Page 1658 1 2 Q Did you follow him around the corner, made a left and right and he is just standing in Ms. Entin's apartment? 3 A Yes. 4 Q When he's standing in Ms. Entin's apartment, he then 5 6 7 8 9 10 continues to beg you to go to Paris with him? A He was very insistent, yes, that I go to Paris with him, correct. Q He was talking to you about reviving Halston, I don't know how to spell it, what he was going to do with the fashion show in Paris? 11 A Sorry. 12 Q Talking about what he was going to do with the fashion 13 14 15 show in Paris? A No, not at that point. He already told me about the Halston stuff in previous conversations. 16 Q In the vehicle? 17 A Either the vehicle or his office, I don't recall 18 exactly. 19 Q Here is Mr. Weinstein now in your friend's apartment 20 asking you if you will go to Paris, you said he was being 21 insistent? 22 A Yes, he was. 23 Q You were not threatened, were you? 24 A No, I was overwhelmed but I was not threatened. 25 Q He kept asking you, right? Page 1659 1 A Yes. 2 Q And at some point you said you said kind of jokingly, I 3 hear you have a horrible or terrible reputation with women? 4 A Well, yes. 5 Q That is what you said to him? 6 A I did, yes. 7 Q When you told him that he had a terrible reputation 8 with women, that was something you said to the jury you just 9 wanted to shut him down with, right? 10 A Correct. 11 Q It is just the two of you alone in the apartment at 12 that point? 13 A Yes. 14 Q Nobody else is there, nobody else was with you and Mr. 15 Weinstein at that point, correct? 16 A No, apart from potentially the pets. 17 Q Peanut may have been there? 18 A And the cat, yeah. 19 Q And as soon as you say to Mr. Weinstein I hear that you 20 have a horrible reputation with women, like that, he stops, 21 right? 22 A He backs off, yes. 23 Q He seems offended, doesn't he? 24 A He does. 25 Q And he seems like he lost interest in you, didn't he? Page 1660 1 A He seemed like he didn't like me very much. 2 Q Do you remember telling the District Attorney in June 3 of 2018 he seemed to have lost interest in you once you said 4 that? 5 A I don't recall that, no. 6 Q That would not be inconsistent with what you are 7 saying, he seems to have lost interest or not like you very much 8 according to your testimony? 9 10 11 12 13 14 A Well, I would not say lost interest, I would say it felt like he didn't like me very much at that moment. Q When you felt like he didn't like you very much at that moment, did that bother you? A Yes, because I was still trying, I wanted him to like me as a person. 15 Q For professional reasons? 16 A Totally, uh huh. 17 Q At that point I believe according to your testimony, 18 Mr. Weinstein leaves? 19 A Yes. 20 Q When he leaves, in your mind, whether it is right or 21 wrong, he just does not like you or you think that, right? 22 A As much, yes. 23 Q And when he leaves, I believe you testified sometime 24 25 later you get invited to the Clerks Two premier? A Yes, I don't remember the exact conversation, but I Page 1661 1 think either him or through his assistant I was invited to the 2 Clerks Two premier. 3 Q And did you have any contact with Mr. Weinstein from 4 the time that you told him he had a terrible reputation with 5 women and the time you were invited to the Clerks premier? 6 A I don't recall. 7 MR. CHERONIS: 8 somebody may approach. 9 If I may approach, your Honor, ( Handed to witness). 10 Q Do you see that e-mail? 11 A Uh huh. 12 THE COURT: Yes or no? 13 A Yes, sorry. 14 Q It is your e-mail address? 15 A Yes. 16 Q It is an e-mail you sent to a man named Charles Meech? 17 A Yes. 18 Q A true and accurate depiction you would have sent to 19 Mr. Meech? 20 A Yes, I can see it is an e-mail. 21 MR. CHERONIS: 22 MS. HAST: 23 I ask it be published. Objection, not an inconsistent statement. 24 THE COURT: 25 MR. CHERONIS: Okay. I don't think it has to be. Page 1662 1 THE COURT: 2 ( Conversation held off the record). 3 MR. CHERONIS: 4 THE COURT: 5 6 Step up. I ask it be published as N. Okay, Defense N as in north is received into evidence. Q There is a screen in front of you. You told the members of the jury that you didn't 7 remember whether it was Harvey or his assistant who invited you 8 to Clerks? 9 A Right, now I can see that. 10 Q You also told the members of the jury you did not have 11 any interaction with Harvey Weinstein between the time that he 12 left your apartment and the invitation to Clerks, right? 13 A No, I didn't say that. 14 Q Let me ask you about this e-mail. You sent an e-mail 15 to Charles Meech, you know he's an individual who works for Mr. 16 Weinstein? 17 A Right. 18 Q In that e-mail you say I don't know whether you are the 19 right person to speak to, but Harvey had kindly offered to 20 arrange for me to go to L. A early this week. 21 I know I should have probably called Friday. Needed to 22 sort a few things out first. I would now like to confirm if it 23 is possible I would like to go tomorrow or Tuesday. 24 which, let me know if that is cool, numbers are, all the best, 25 Miriam? Don't mind Page 1663 1 A Correct. 2 Q At what point did Harvey Weinstein invite you to L. A 3 after you told him to leave the apartment? 4 A Like I was saying earlier, I don't recall. 5 Q It says kindly offer, correct? 6 A Yes, that is how I talk. 7 Q It does not say anything in there about the Clerks 8 premier, does it? 9 A No, but that was what it was. 10 Q Isn't it actually what it was, your friend was having a 11 baby in California and you asked Mr. Weinstein to fly you out 12 for that reason? 13 A No, I don't believe so. 14 Q The Clerks premier was on July 11th, wasn't it? 15 A I don't know. 16 Q You looked at your calendar earlier? 17 A It is in my calendar. 18 Q July 11th? 19 A I believe so, yes. 20 Q You were out in California for two weeks? 21 A Correct. 22 Q Because Mr. Weinstein, Mr. Weinstein paid for your 23 ticket there and he paid for your ticket back, correct? 24 A Correct. 25 Q Your friend was having a baby and you asked him to fly Page 1664 1 you out? 2 A No, incorrect. 3 Q You planned on going to California well before you got 4 5 6 7 8 that ticket, didn't you? A No, I'm sure I was hoping to go there. So when he invited me, I said can you -Q If we can crop that up. June 24th you have an entry in your calendar that says get baby stuff, correct? 9 A Yes. 10 Q The baby stuff that you were getting was for your 11 friend's child, wasn't it? 12 A Possibly. 13 Q You didn't have any children at the time, right? 14 A No, I don't recall. 15 Q The reason you were getting baby stuff on June 24th 16 because you had planned to go to California, right? 17 A I don't recall. 18 Q What Mr. Meech said was that he could not do it to you 19 20 21 22 today, he would get back to you maybe the next day, right? A Correct. If I sent an e-mail that I would have, is this the Saturday before that conversation, sorry. Q Ma'am, I'm just asking you, I'm not being fair to you, 23 I'll go back to the e-mail real quick. 24 about that. 25 A Thank you. I'm asking the questions Page 1665 1 Q We got the get baby stuff on June 24th. This e-mail on 2 July 9th where you say Mr. Weinstein kindly offered to fly you 3 out there. 4 5 Do you remember asking Mr. Weinstein to fly you out so you could be there for your friend's child? 6 A No, I don't recall that. 7 Q Well, you would agree usually movie premiers are one or 8 two nights, right? 9 A Sorry. 10 Q Movie premiers are usually one night only or two 11 nights? 12 A Yes. 13 Q You were gone for two weeks? 14 A Yes. 15 Q Mr. Weinstein paid for the tickets both ways? 16 A Probably would have been a round trip, yes. 17 Q Now, I want to talk to you about your decision to go 18 over to the Soho apartment on July 10th of 2006, okay? 19 A Okay. 20 Q Now, you told the members of the jury that the reason 21 you went there was because Mr. Weinstein had purchased you a 22 ticket to L. A, let me finish my question. 23 I was asking you about what you testified to regarding 24 your reasoning for going to his Soho apartment on July 10th, do 25 you remember that question? Page 1666 1 A I remember the question. 2 Q I believe that you told the members of the jury that 3 the reason you went there was because he purchased you a ticket 4 to L.A and it would have been weird not to? 5 A That is not exactly what I said, no. 6 Q Well, you did go there, correct? 7 A I did go there. 8 Q Was it because you had rejected his Paris invitation 9 and you thought he was mad at you that you went there? 10 A Perhaps partly, but -- 11 Q So, when you say you don't want to go to Paris with Mr. 12 Weinstein -- 13 A Correct. 14 Q You thought he was upset at you, right? 15 A I thought he was not happy with that, yes. 16 Q You didn't want to go to Paris for one reason because 17 18 19 20 21 you did not want to be alone with him, correct? A Not because I did not want to be alone, I did not want to go to Paris with him. Q One of the reasons is you didn't know what kind of invitation it was? 22 A Correct. 23 Q You didn't want to be in a position there could have 24 25 been some sort of sexual advance in Paris, right? A I didn't want to go on a trip to Paris with him, and I Page 1667 1 was not sure, I just didn't want to go and stay with him in a 2 hotel and go to a fashion place, no. 3 4 Q Then on July 10th, it is your testimony that he calls you and invites you over to his Soho apartment? 5 A Either him or his assistant. 6 Q Do you remember which one? 7 A I don't, that is what I'm saying, I don't remember 8 9 10 11 12 whether it was him or his assistant. Q I want to talk to you a little about the thought process of going over to the Soho apartment. A Uh huh. THE COURT: Why don't we break there. Ms. Haley, 13 be good enough to step down and wait in the witness room 14 for further instructions from the District Attorney, see 15 you back here at or before 2:15. 16 ( Witness exits courtroom). 17 THE COURT: All right jurors, we will take our 18 lunch break. 19 and instructions during this or any other recess. 20 Remain mindful of all my prior admonitions Keep an open mind, do not discuss this case 21 amongst yourselves or with anyone else, and refrain from 22 any and all research or communication, electronic or 23 otherwise. 24 2:15 thank you. 25 Have a great lunch, see you back here before ( Jury exits courtroom). Page 1668 1 THE COURT: 2 ( Lunch recess taken). 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2:15 thank you. Page 1669 1 (A luncheon recess was taken.) 2 (After the luncheon recess, the following 3 occurred:) 4 5 *** A F T E R N O O N S E S S I O N. 6 (The trial continued.) 7 (Time noted is 2:15 p.m.) 8 9 THE COURT: All right. Let's get the jury and the witness. 10 SERGEANT: 11 COURT OFFICER: 12 (Whereupon, the witness entered the courtroom and 13 14 Yes, sir. Witness entering. was properly seated.) COURT OFFICER: 15 Jury entering. (The jury entered the courtroom and the 16 following occurred:) 17 THE CLERK: 18 19 20 Case on trial continued. are present. Do the parties stipulate that the jury is present and properly seated, the People? 21 MS. ILLUZZI-ORBON: 22 THE COURT: 23 MS. ROTUNNO: 24 THE COURT: 25 All parties Yes. The defense? Yes. All right. hope everybody had a good lunch. Welcome back jurors. I Page 1670 1 2 Mrs. Haleyi, I remind you you are still under oath and the same rules apply. 3 Plea resume your inquiry. 4 M I R I A M 5 called as a witness, being previously sworn, was examined and 6 testified further as follows: 7 CONTINUED DIRECT EXAMINATION 8 BY MR. CHERONIS: 9 Q H A L E Y I, Ms. Haleyi, I want to go back to one thing you 10 testified about Harvey Weinstein coming into your apartment, 11 Liz's apartment and sort of barging in, right? 12 A Yes. 13 Q Okay. 14 15 16 And we have -- was he checking each door to see which one was your's as he did that? A No, he was looking around to see which one was mine but he saw that it was open. 17 Q After he went down the hall, took a left and right? 18 A Yes, it's not that far to be honest. 19 Q And you said you didn't go to Paris. 20 21 At the time you were trying to get your immigration situation settled in the United States, weren't you? 22 A No. 23 Q You didn't meet with immigration attorneys? 24 A I don't recall meeting with immigration attorneys but 25 I may have met with someone. I don't know. Page 1671 1 2 Q If you are trying to get your work visa, could you leave the country, come back and still get it? 3 A I have no idea. 4 Q We left off talking about why you went to the Soho 5 apartment. That's where we left off before the break. 6 And I asked you, isn't it true that the reason that 7 you went to the Soho apartment is because as you had left it 8 with Mr. Weinstein, you thought he was upset because you had 9 rejected the Paris invitation? 10 A No. 11 Q You testified in front of a Grand Jury in this 12 building, we already talked about that, right? 13 A Yes. 14 Q In June of 2018? 15 A Possibly, yes. 16 Q You were asked a series of questions by prosecutors 17 and you gave a series of answers? 18 A Yes. 19 Q Before you went in the Grand Jury, you were prepared 20 to go into the Grand Jury, you went over sort of what your 21 testimony was going to be, correct? 22 A Well, yes. 23 Q Well, you testified that -- well, let me ask you this. 24 25 It's always the same, yes. I am referring to Page 211. Were you asked this question and did you give these answer: Page 1672 1 2 Question, let's talk about July the 10th first. us on July 10th how did you get to his apartment? 3 Answer, so he says I would love -- I would like to see 4 you. 5 or whatever. 6 I will send a driver to pick you up. Please come and see me. 7 I just want to, you know, talk I don't actually remember the exact conversation. So I said okay. Question, why did you agree -- 8 9 MS. HAST: Objection. That's not inconsistent testimony. 10 MR. CHERONIS: 11 THE COURT: 12 MR. CHERONIS: 13 MS. HAST: 14 MR. CHERONIS: 15 THE COURT: 16 Attorneys. 17 I am getting to it, Judge. Can you show it to the DA? Line 10 through 21. Same objection. It's inconsistent, Your Honor. Can I see? (Discussion held at the bench, off the 18 record.) 19 (The discussion off the record concluded, 20 and the following occurred in open court:) 21 THE COURT: 22 question. 23 BY MR. CHERONIS: 24 25 Tell Q All right. Sustained. Next Ms. Haleyi, is the reason that you rejected -- that you went to the Soho apartment on July the 10th is because Page 1673 1 Mr. -- you had rejected Mr. Weinstein's Paris invitation and 2 you thought he didn't like you? 3 MS. HAST: 4 THE COURT: 5 THE WITNESS: 6 no. 7 Q Objection; asked and answered. Overruled. No, that was not the sole reason, Well, do you remember testifying in front of the Grand 8 Jury on June 2018 and were you asked these questions and did 9 you give theses answers. 10 MS. HAST: 11 THE COURT: 12 13 Q Objection, again, Judge. Overruled. Question, why did you agree? Why? What were you thinking about going to see him? 14 Answer, well, I was still in the exact same position 15 as far as like wanting a good relationship with him. 16 like the opportunity and the work that he had sort of said I 17 could have the following year or whatever. 18 And so, I was still in the same position. I would And as we 19 left it, I had rejected his Paris invitation. 20 he kind of didn't like me so I wanted to sort of make the 21 relationship better. 22 I also felt that Did you say those things? 23 A Yes. 24 Q And in that Grand Jury, you didn't mentioned that he 25 had kindly offered to fly you to Los Angeles, did you? Page 1674 1 MS. HAST: 2 THE COURT: 3 4 Q A Q A He didn't like me as Before that though, as we can see from the July 9th I had not seen this email and I didn't recall at that time when he had offered for me to go to LA. 11 12 Yes, that's how I remembered. email, he had kindly offered to fly you to LA? 9 10 Well, you testified there that you thought he didn't much, yes. 7 8 Sustained. like you because you had rejected the Paris invitation, right? 5 6 Objection. Q So you didn't see that email before you testified in front of the Grand Jury? 13 A I don't recall seeing it, no. 14 Q If he kindly offered to fly you to LA, you were not 15 arguing with him, you were not in disagreement with him, were 16 you? 17 A I wasn't in disagreement with him at that time. 18 Q You didn't think he didn't like you, did you? 19 A I felt he didn't like me as much because I had 20 rejected going with him to Paris. 21 never said he didn't like me at all. 22 23 Yes, I don't think -- I I just felt at that point it was my suspicion that he didn't like me as much at that point. 24 Q But he invited you to Los Angeles? 25 A Yes, I don't recall when. Page 1675 1 Q It was obviously, July 9th or before? 2 A I know that now, yes. 3 Q And you decided, however, to go to his Soho apartment 4 on July 10th, correct? 5 A Yes. 6 Q And you said it was in the early evening, do you 7 remember that? 8 A That's how I remember it, yes. 9 Q Four o'clock, five o'clock? 10 A I don't know. 11 Q When you say early evening, what do you mean? 12 A As I remember it, I went there when it was still I don't remember. 13 light. 14 and I remember when I walked back out of the apartment, that it 15 was at least dusk. 16 Q When I was picked up by the driver, it was still light Okay. So five, six o'clock? 17 MS. HAST: Objection. 18 THE COURT: 19 THE WITNESS: Overruled. I don't know what the time -- what 20 time dusk was at that point. 21 Q 22 I would have to look it up. And it was Mr. Weinstein that called you and invited you to come to the Soho apartment, correct? 23 A Him or his assistant, yes. 24 Q And you testified in June of 2018, correct, in front 25 of a Grand Jury? Page 1676 1 2 A Q answer: Let's talk about July 10th, first. Tell us on July 10th, how did you get to his apartment? 9 10 And I am referring to Page 211, lines one You were asked this question and did you give this 7 8 Okay. through nine. 5 6 I am not completely sure about the date. 3 4 I testified in front of the Grand Jury. Answer, so he says, I would love -- I would like to see you. 11 Did you give those answers? 12 A Yes. 13 Q So Mr. Weinstein called you and told you he would like 14 to see you? 15 16 Well, yes, personally or through his assistant, but Q In the Grand Jury, you said, I would love to see you, yes. 17 18 A right? 19 MS. HAST: 20 THE COURT: Objection. Overruled. 21 Q Right? 22 A I don't remember the exact conversation. 23 Q Do you know where Mr. Weinstein was when he called A No. 24 25 you? Page 1677 1 Q Did he tell you where he had been earlier that day? 2 A Not that I recall. 3 Q Okay. 4 Did you remember how it was that you got from your apartment to the Soho apartment? 5 A He sent a driver. 6 Q He sent a driver? 7 A Yes. 8 Q And how long from the time that you spoke with Mr. 9 Weinstein until the driver came to your apartment, if you 10 remember? 11 A I don't remember. 12 Q More than an hour, less than an hour? 13 A I have no idea. 14 Q And the driver came to your apartment? 15 A He did. 16 Q Did he have your phone number? 17 18 19 A When I walked out of the apartment, he was standing there, in the car. Q Okay. 21 A Yes. 23 24 25 Did you see him come? Do you remember? 20 22 He came outside. The car was there. And you got in the vehicle. I am sure the driver greeted me but I don't remember exactly. Q When you got in the vehicle you noticed a New York Post article on the back seat, didn't you? A I remember know. I remember -- yep, yes. Page 1678 1 2 3 4 Q And that New York Post was actually opened to an article about Harvey Weinstein? A No, it wasn't. I know -- no, it wasn't. It was in the back pocket of the seat. 5 Q 6 correct? 7 A Yes. 8 Q And when you spoke to the DA there were prosecutors 9 You spoke to the DA in this case in June of 2018, there, there were people taking notes, correct? 10 A Yes. 11 Q And you told them about some of the things you are 12 telling the jury today? 13 You went over your version of the events, correct? 14 A Yes. 15 Q And when you spoke to the DA in June of 2018, you told 16 them that when you got into the back seat of the vehicle, there 17 was a New York Post article opened up, didn't you? 18 A I don't believe I did. 19 Q Do you remember telling them that when you saw the New 20 York Post article there was a picture of Harvey Weinstein and 21 his wife in that article? 22 A No. 23 Q Do you remember telling the DA that you thought Harvey 24 25 had planted that there to make you feel jealous? A No. No, I said I wondered if he had planted it there. Page 1679 1 Q 2 correct? 3 A 4 5 6 You wondered if he planted the article about him, No, the New York Post there because it was the only thing in the back of that car. Q Let me ask you a question, why would Mr. Weinstein be planting just a New York Post? 7 MS. HAST: 8 THE COURT: 9 10 Q Objection. Sustained. The truth is you told the DA that you thought he planted a picture of him and his wife in London, correct? 11 A That is not correct at all. 12 Q Well, the truth is you found out after that statement 13 Not correct at all. that that article didn't come out until July 11th, correct? 14 A I have been told that there was an article on July 15 11th. I never thought he planted a picture in the New York 16 Post. 17 Q And you never told the DA's Office that on July 10th 18 when you got into that vehicle there was a New York Post 19 article opened up about Harvey Weinstein and Georgina Chapman, 20 you never said that? 21 A No, I said that there was a New York Post in the back 22 of that car and that I read it and that I found something about 23 Harvey Weinstein and Georgina Chapman being in the fashion 24 shows in Paris. 25 wife. She was his girlfriend at the time not the Page 1680 1 Q Okay, that was on July 10th? 2 A I remembered it as July 10th. 3 Q You know that that article didn't come out until July 4 5 11th, you said somebody told you? A I don't know if that's definitely exactly the article. 6 I am not sure. 7 article on July 11th. 8 9 10 11 12 13 Q I know I have been told since that there was a And you were told that after you initially told the DA that you saw the article on July 10th, correct? A Right. But I also took the car the following day to the airport, so I don't know. Q But you told them that you thought he planted it to make you feel jealous, Ms. Haleyi? 14 A Not jealous. I never said that. I never used that 15 word. 16 Q You didn't? 17 A I did not. 18 Q Isn't it true that you initially told the state that 19 story and then you found out later that it couldn't be true 20 because the article didn't come out until a day later? 21 MS. HAST: Objection. 22 THE COURT: 23 THE WITNESS: Overruled. If the timing was wrong then that 24 may have been but my memory of the actual event is what it 25 is. It's absolutely correct. Page 1681 1 Q 2 correct? 3 A Correct. 4 Q Okay. 5 6 7 So when this driver arrived, you get in the vehicle, And what did the driver look? What did the driver look like? A Well, he had -- he was quiet normal build, black hair. He seemed to be Italian American. 8 Q Do you remember anything else about the car? 9 A Yes. 10 Q He had a big VIP sign in it, right? 11 A Yes. 12 Q And maybe a New York Post in the back? 13 A Yes. 14 Q Now, would you agree that it was a relatively short 15 period of time between the time you received this call from Mr. 16 Weinstein and the driver picked you up? 17 A I don't recall the call exactly. 18 Q Do you recall it being early evening? 19 A I am sorry. 20 Q You do recall it being early evening though? 21 A The call or the visit? 22 Q The call. 23 A No, I don't remember a call early evening. 24 Q Okay. 25 A I don't remember the call. Do you remember when you got the call? Page 1682 1 MS. HAST: 2 THE COURT: 3 4 Q Objection. Answer stands. Now, you have a calendar that we have seen in this case, correct? 5 A Correct. 6 Q And the calendar looks like it's before we all had 7 IPhones, you would have to do it the old-fashioned way, right? 8 A Yes. 9 Q You would have to write down the dates and you would 10 have to write down the phone numbers in the calendar, correct? 11 A Yes. 12 Q And the calendar is meant to keep your schedule 13 14 15 together, isn't it? A Well, it can be whatever the person with the calendar feels it can be for them. 16 Q Agreed. 17 A You know, as opposed to in general terms, yes. 18 Q In other words, if you have to be some where and you 19 don't want to forget about it, you write it down in your 20 calendar, yes? 21 A Yes. 22 Q So you don't double book yourself, that's one reason? 23 A I suppose. 24 Q And so you know where you have to go? 25 A Yes, right, or just to remind yourself or to remember. Page 1683 1 Q To remind yourself or to remember. 2 Now, this is your July 10th calendar, right? 3 A Yeah. 4 Q So it's your testimony that Mr. Weinstein called you, 5 sent a driver to pick you up, the driver picked you up and you 6 went to his Soho apartment, right? 7 A I don't remember the call exactly but, yes. 8 Q But it was that day, correct? 9 A I don't know that. 10 Q You don't? 11 A No. 12 Q Okay. 13 page 209. 14 15 Do you remember testifying in June of 2018, Question, and so after that, after he leaves, do you hear from him again? 16 Answer, so after he left that time, I didn't hear from 17 him I don't think for a few days, I guess when he came back 18 from Paris; although, I must have heard from him at some point. 19 I guess sometime after he got back from Paris, yes and then he 20 basically said, you know, he asked me, he really wanted to see 21 me. 22 Soho. 23 24 25 If I would come see him at his loft, his apartment in Did you testify that way? MS. HAST: inconsistent, Judge. Objection. Again, it's not Page 1684 1 2 3 THE COURT: Q Sustained. Do you know when Harvey Weinstein got back from Paris? Have you been told? 4 A No, I did not know. 5 Q Did you -- do you know now -- 6 A No. 7 Q -- that he got at 5:30 on July 10th? 8 A No, not at all. 9 I just knew that by the time I met with him, he was in New York. 10 Q Back from Paris? 11 A He may have been back for days, I don't know. 12 Q You don't remember when you put that on your calendar, 13 do you? 14 MS. HAST: Objection, put what? 15 Q The HW and the P? 16 A No, I don't remember. 17 Q But if Mr. Weinstein, if he got back from Paris on the 18 10th and he called you on the 10th, you would have put that on 19 your calendar on the 10th, correct? 20 MS. HAST: Objection. 21 THE COURT: 22 THE WITNESS: Overruled. I have no idea. It may have been 23 that he called me before he got -- maybe, I assume, he was 24 here. 25 Q I don't know. You don't remember? Page 1685 1 A I don't remember the call. 2 Q And you testified in the Grand Jury though that it was 3 after he got back from Paris, we can agree with that? 4 MS. HAST: 5 THE COURT: 6 7 I don't know. Q Objection. Sustained. Do you know how long it takes to get from Teterboro Airport to Soho? 8 MS. HAST: 9 THE COURT: Objection. I will allow it. 10 Q Do you know? 11 A No. 12 Q The driver picks you up and you go to the Soho 13 apartment, right? 14 A Yes. 15 Q And you told the Members of the Jury one of the things 16 you said on direct examination is you didn't have any reason 17 not to, correct? 18 A Correct. 19 Q Okay. 20 21 22 23 24 25 According to your testimony the first time you were alone with Mr. Weinstein he offered you a massage, right? A He asked me if I would give him one and then he offered me one. Q And you felt bad about that, we heard that from you, you testified about that? A I did, yes. Page 1686 1 Q According to you, a week earlier or so he barges into 2 your apartment and is relentless in asking you to go to Paris, 3 true? 4 A Correct, yes. 5 Q And you don't see him in between Paris and Soho, 6 correct? 7 A Correct. 8 Q And at that point, he just calls you up and says, can 9 you come over to my apartment? 10 A Yes. 11 Q And in between somewhere is the invitation to LA, we 12 can agree to that? 13 A Yes. 14 Q And you decide to go? 15 A Yes. 16 Q Because you didn't see any reason not to, correct? 17 A Not really, no. 18 Q And you testified, I believe, that you had also wanted 19 Yes, exactly, correct. to keep a professional relationship with Mr. Weinstein, right? 20 A Yes, a friendly, professional relationship. 21 Q And how -- to be fair, you also wanted him to give you 22 23 24 25 employment to help you out in your productions, right? A Well, yes, I felt he was a, potentially, good connection to keep for the that purpose, yes. Q He was useful? He was a very big producer in Page 1687 1 2 Hollywood, correct? A Of course. 3 MS. HAST: 4 THE COURT: Objection. Overruled. 5 Q Right? 6 A Yes. 7 Q And you wanted a connection with Mr. Weinstein to help 8 your career, is that fair? 9 A Yes. 10 Q Okay. 11 So you testified that when you go to the Soho apartment, the driver brings you upstairs? 12 A Yes. 13 Q Okay. 14 A Yes. 15 Q And you don't recall what you were wearing? 16 A No. 17 Q Do you -- you don't recall what Mr. Weinstein was 18 wearing? 19 A I seem to recall, vaguely, what he was wearing. 20 Q And, vaguely, what do you recall him wearing? 21 A A light colored shirt and light colored pants or 22 And he leaves right away? perhaps jeans, casual wear. 23 Q Do you know, specifically, ma'am, what he was wearing? 24 A No, just that it was light in color. 25 Q How -- was he well kept, sloppy? Page 1688 1 A Pretty sloppy. 2 Q When he comes in and you come in, he greets you? 3 A Yes. 4 Q Okay. 5 And then at that point, it's your testimony that the two of you sat on the couch? 6 A Yes. 7 Q And were you watching television? 8 A Well, it was on when I walked in so we were half 9 watching it. 10 Q Do you remember what show you were watching? 11 A I don't exactly remember it but, um, for some reason I 12 have an impression that it may have been a comedy news. Like, 13 what's it called, was it, John Edwards -- no, no, no -- or 14 something -- it's -- I don't remember, sorry. 15 Q I don't watch TV. 16 A Okay. 17 Q And you remember, do you recall, specifically, that 18 19 20 21 22 there was a show on or are you -A No, I just had an impression that it was one of those kind of comedy news shows. Q Like a talk show, like a -- And Mr. Weinstein is on one side of the couch and you are on the other? 23 A Correct. 24 Q And it's your testimony that at some point he lunges 25 at you? Page 1689 1 A Yes. 2 Q Now, when you were at the Majestic with Mr. Weinstein 3 and he asked you for a massage, per your testimony, he didn't 4 grab you? 5 A No. 6 Q You walked out, correct? 7 A Correct. 8 Q And at the Paris rejection, at Elizabeth's house, all 9 10 you had to say to Mr. Weinstein was, you have a terrible reputation with women and he stopped and went back, correct? 11 A For some reason. 12 Q Isn't that true? 13 A Yes, for some reason. I am not sure if that was the 14 only thing that made him stop but for some reason when I said, 15 hey, that's when he backed up. 16 Q That's all you said to him and me backed off? 17 A I am not sure that's all I said to him but that's what 18 I remember saying. 19 Q He didn't do anything else in his apartment, did he? 20 A No, I mean, we were having a -- he was very persistent 21 22 23 and we were having conversations, yes. Q So, ma'am, you testified that when he lunges at you on his couch, he starts to try to kiss you? 24 A Yes. 25 Q Okay. And you pushed away? Page 1690 1 A Yes. 2 Q And at some point you stand up and you back up and end 3 up backing up -- he backs you into the bedroom, correct? 4 A Yes. 5 Q And to back you in the bedroom, you have to go back 6 and go in a different direction, correct? 7 A Yes. 8 Q You didn't go to the door? 9 A It was on the way out. 10 Q Okay. 11 And if he is coming towards you and you are going back, you didn't keep backing up, did you? 12 A He also pulled me towards him. 13 Q He pulled you towards him and backed you up? 14 A Yes. 15 Q And when you get into the bedroom, it's your testimony 16 that you fall on the bed? 17 A Yes. 18 Q Okay. 19 A I have no of idea. 20 Q Did it have a -- what part of the bed did you fall on? 21 A Just on the bed. 22 Q Were you on the side of the bed or in the front of the 24 A I don't recall. 25 Q You couldn't see much, could you? 23 What kind of bed was it? bed? It was quite dim in there. Page 1691 1 A I saw some but it was dim lighting. 2 Q And when you fall on the bed, it's your testimony that 3 4 5 Mr. Weinstein gets on top of you? A Grabs you? He is on top of me with his weight and he is holding me down with his -- by my wrists, yes. 6 Q He just lunged at you and started doing that? 7 A No, he lunged at me on the sofa. I got up. 8 He said, no, no, no and pulled me towards him. 9 And I was trying to back off and get away and he is at 10 the same time grabbing me by my arms and walking towards me so 11 that I have to back up. 12 And so this is a little thing that is going back and 13 forth like that and I am trying to walk away from him but he 14 backs me into this bedroom. 15 Q And you fall on the bed once you get into the bedroom? 16 A Correct. 17 Q And you don't know if you were wearing a dress or 18 19 20 shorts you said? A You didn't know what you were wearing? No, but it was New York summer, so I was probably wearing something quite light. 21 Q But you don't remember as you sit here? 22 A No, I don't remember. 23 Q And at that time you said you tried to get up at some 24 25 point and Mr. Weinstein threw you down? A Several times, yes. Page 1692 1 Q Threw you down? 2 A Yes. 3 Q Were you -- 4 A Pushed me down. 5 Q Pushed you down? 6 A I was kicking. 7 I was pushing. I was trying to get away from his grip. 8 9 Were you kicking? Q And it's your testimony that at that point he performed oral sex on you? 10 A He held me down and kept pushing me down towards the 11 bed. Every time I tried to get up, he pushed me down. 12 would hold me down like that whether it was on my chest or my 13 arms or wherever. 14 And he went down and performed oral sex on me and I 15 kept saying, no, don't. 16 want it. 17 period. Please don't do this. I said, no, many, many times. I am -- I don't I told him I was on my 18 Q And he continued according to your testimony? 19 A He continued. 20 Q And it's your testimony that this -- that this 21 Then he incident that you described was very traumatic, right? 22 A It was traumatic, right. 23 Q And you said you left and you thought that the driver 24 25 may have actually been in on it, correct? A When it was happening I was -- when I was evaluating Page 1693 1 -- when I was understanding what was happening and I was 2 evaluating what to do and what was the safest thing for me to 3 do, that's one of the thoughts that I had in my mind, was that 4 I can't even get away from this guy. 5 But if I had to get away and I got all the way to the 6 elevator, if I managed to go downstairs to get out of the 7 building, if I manage to get to the door, would the driver 8 perhaps be in on it and be there ready to scoop me up as soon 9 as I get there. 10 had no chance. And I felt that there was no way to -- I just So -- 11 Q Ma'am, and when you left, did you walk or take a taxi? 12 A I don't remember. 13 I remember just walking out into the street. 14 Q And you then went to your friend, Liz's, apartment? 15 A I don't remember where I went to be honest with you. 16 I presume so. 17 Q The next day you went to California, correct? 18 A Correct. 19 Q And Mr. Weinstein sent a driver for you to take you to 20 the airport, didn't he? 21 A That was in that case already arranged, yes. 22 Q Was it the same driver from the night before? 23 A I don't remember. 24 Q Were you worried about getting into the car with this 25 driver? Page 1694 1 A No. 2 Q And if the flight is at 12:25, the driver was coming 3 up at 10, you are probably up around 8 in the morning, correct, 4 sometime around then? 5 A Thank you. 6 Q Do you remember what time you woke up that morning? 7 A No, I don't. 8 Q And then you fly to California, right? 9 A Correct. 10 Q And when you fly to California, there is a 7:30 Clerk 11 I don't know. premier, right? 12 A Correct. 13 Q And you didn't go to that? 14 A No. 15 Q Okay. 16 A Correct. 17 Q And up there it says you called several friends, right And you stayed in California for two weeks? 18 or it says you were planning to call several friends, I should 19 say? 20 A Correct. There will be people in LA, yes. 21 Q Were they friends of yours? 22 A Yes. 23 Q Did you spend time with them when you were in LA? 24 A I don't remember. 25 Q And under the Delta sign there is a cross off, do you Page 1695 1 know what that is? 2 3 Do you know what was under there before it was crossed off? 4 A No. 5 Q If we can turn to the next page. 6 Now, this is July 13th through the 15th. Do you see 7 that? 8 A Yes, yes. 9 Q Now you said you didn't have any contact with Harvey 10 Weinstein when you were in California? 11 A I said, I didn't recall. 12 Q Well, do you remember what happened -- if you went to 13 the Peninsula when you were in California? 14 A It looks like I did, yes. 15 Q And do you -- do you know Harvey Weinstein to have 16 frequented the Peninsula? 17 A Not particularly, no. 18 Q Do you know what was crossed off before the Peninsula? 19 A No. 20 Q If you look up there it has the name Dan? 21 A Right. 22 Q And it has a phone number, doesn't it? 23 A Yes. 24 Q And that's Dan Guando's phone number, isn't it? 25 A I don't know. I believe if you say so. Page 1696 1 Q And Dan Guando is Harvey Weinstein's assistant, isn't 3 A Yes. 4 Q So when you are in California on the 13th, 14th and 2 5 he? the 15th, you are in contact with Harvey's assistant? 6 A Okay. 7 Q Well, I am asking you. 8 A Potentially. 9 Q If it is in your calendar you had to have written 10 that? 11 A 12 13 14 15 16 17 18 I don't remember the conversations. It doesn't say that there was a phone call. It has a number. Q And you would have gotten that number while you were in California, correct? A That I don't know. I don't recall getting the number so I don't know when I got it. Q We can at least agree it's on July 13th, 14th or 15th or at least on that page, correct? 19 A Not necessarily. 20 Q And you wrote it on the page for July 13th, 14th or 21 15th? 22 A Correct. 23 Q And if we can turn to the next page. 24 25 That's just where I wrote it. And who is Collin Calendar? A He is somebody who was working at HBO. Page 1697 1 2 Q And you met with Collin Calendar while you were in California to pitch something? 3 A No, to ask for work, I think. 4 Q To ask for work? 5 A Potentially, yes. 6 Q That's on July the 17th, correct? 7 A It looks like it, yes. 8 Q And then at the bottom, it says, 10:00 p.m. hospital 9 letter baby. 10 A No, it says Cedar, Cedar Sinai. 11 Q I apologize. 12 But that is when your child -- your friend's child was born, correct? 13 A Yeah, the next day, actually but, yes. 14 Q You were still in California at that time? 15 A Yes. 16 Q And was still on the ticket that Mr. Weinstein had 17 provided for you, correct? 18 A Yes. 19 Q And if we can go to the next date. 20 So, ma'am, we discussed a little bit earlier how 21 sometimes you draw things on your calendar to reflect your 22 mood. 23 24 25 On the 20th, the 21st, the 22nd, you drew some more hearts and some flowers, correct? A Yes. Page 1698 1 Q And you went to the spa? 2 A Yes. 3 Q And what's Julie and Fords? 4 A Julia Byrds. 5 Q Julia Byrds? 6 A That's probably a dinner with Julia Byrds. 7 Q And is it similar -- you testified earlier when I 8 showed you the hearts from March or, excuse me, from June that 9 it was reflecting the mood you were in. 10 Is that similar to what you are doing on this calendar 11 here? 12 A 13 14 It's similar, yes. I doodle when I talk on the phone or whatever. Q When I asked you earlier you said you drew hearts on 15 the calendar because that reflected the mood you were in, 16 correct? 17 A Possibly. 18 Q If we can go to the next date. 19 Now, this is July the 24th. And it says that you are 20 coming back from California at 3:15, LAX to New York City, 21 right? 22 A Correct. 23 Q And when you get back, you have a number of things on 24 your schedule to do like anybody would have when they are 25 coming from home from somewhere or -- Page 1699 1 A Yes. 2 Q Call Collin from HBO, that's the individual that you 3 4 5 met while you were in California, correct? A I am not sure I met with him. If it says so, I may have but I don't recall the actual meeting. 6 Q Do you remember being in California, generally? 7 A I do, yes. 8 Q Okay. 9 10 It says, do HR, send keys, get stuff for -- I don't know what that says -- get chargers for phone, do laundry, get underwear and email Jamal, correct? 11 A Uh-hum. 12 Q Then it says, HW, five p.m.? 13 A Yes, that's on the Wednesday. 14 Q Can we go back to the July 10th, HW for a second. 15 And blow that up. 16 Now, that's how you wrote HW on July 10th, correct? 17 That's your handwriting? 18 A I presume so because it's my calendar, yes. 19 Q When you say, you presume so, it is your calendar, 20 21 22 what does that mean? A I am the only one that wrote in my calendar as far as I know. 23 Q Does that look like your handwriting? 24 A Yes. 25 Q Let's go to the HW now on July 25th? Page 1700 1 A Is it your testimony that those are similar? 2 MS. HAST: 3 THE COURT: 4 THE WITNESS: 5 Q 6 10th? 7 8 9 10 Objection. Overruled. Not particularly. Okay, not particularly. Was that you who wrote that? A I don't know anybody else who would have gone and written in my calendar. Q So, yeah. at some other HWs as we go along. 12 day if we can blow it up, please. 13 Yes, I would say so. And that HW and the other HW and we are going to look 11 14 Did you write HW on July I want to talk about this Now, Ms. Hast asked you questions about how you were feeling around this time. 15 A Yes. 16 Q Okay. Do you remember those questions? And at some point Mr. Weinstein gets in touch 17 with you and you put that in your calendar for a meeting at 18 five o'clock p.m. in Tribeca Grand Hotel, correct? 19 A Yes. 20 Q And then you schedule a dinner after that with your 21 friend Christine. Is that Christine Pressman? 22 A Correct. 23 Q Christine Pressman was a friend of yours that lived in 24 New York? 25 A Correct. Page 1701 1 2 Q A friend of yours that you keep in touch with throughout the summer of 2006? 3 A Correct. 4 Q And the state asked you some questions about what was 5 going through your mind when you got that invitation to go to 6 Harvey Weinstein's hotel. 7 A Um. 8 Q Generally? 9 A Yes. 10 Q Okay. Do you remember those questions? And we are going to get into the specifics of 11 that, but on the 26th of July, you had sex with Harvey 12 Weinstein, correct? 13 A There was sex with Harvey Weinstein, yes. 14 Q And if we can go to the next day, real quick -- 15 A Yes. 16 Q And if we look at the calendar again and I am just 17 going on what you told me. 18 reflect your mood. 19 You said you draw hearts to sort of Is that reflective of your mood on July the 27th, 28th 20 and 29th? 21 A It may have been. 22 Q Now, we can go back to the 26th, please. 23 24 25 Now, you said you went to the Tribeca Grand and Harvey called you, right? A Yes. Page 1702 1 Q Correct? 2 A I don't remember the phone call. 3 Q Do you remember testifying in front of the Grand Jury? 4 Do you remember him at least initiating this? 5 A I am sorry. 6 Q Do you remember him initiating a call or initiating a 7 request to for you to come to the Tribeca Grand? 8 A Certainly, it wasn't me, yes. 9 Q And at that point you had some options, right, as to 10 whether to go or not? 11 A Yes, I did. 12 Q You told the jury that after Harvey Weinstein 13 assaulted you on July the 10th, you had thought about some of 14 those options, correct? 15 A To do with the assault, yes. 16 Q And the options that you discussed and thought about, 17 one of them was to call the police, correct? 18 A Correct. 19 Q Okay. 20 One of them was to out him publicly for what you say he did, correct? 21 A The thought crossed my mind, yes. 22 Q And it is your testimony that the reason you didn't 23 call the police was because you worked on Project Runway for a 24 week and you were worried that you would have problems with 25 your Visa? Page 1703 1 A It was a little bit more than a week. 2 Q Three weeks? 3 A Yes. So whatever it was, yes. In fact, I was told 4 that you could even get barred from entering the country, even 5 on suspicion that you wanted to stay or work in the United 6 States. 7 Q When did you hear that? 8 A I have been told that. 9 told. 10 Q Were you told that before July of 2006? 11 A Yes. 12 Q Okay. 13 A I was very aware, yes, uh-hum. 14 Q Now, we talked about those two options. 15 That's just what I have been Yet you came any away? There was a third option, never talk to Harvey Weinstein again? 16 A Yes. 17 Q Never see Harvey Weinstein again? 18 A Yes. 19 Q Never send Harvey Weinstein a script again? 20 A Yes. 21 Q Never talk to your friends about Harvey Weinstein 22 23 being able to make scripts, right? A 24 25 Makes scripts? MS. HAST: Q Objection. Never deal with Harvey Weinstein in any way, shape or Page 1704 1 form? 2 A Yes. 3 Q So on July the 26th, when you get an invitation by Mr. 4 Weinstein either from his assistant or from him, it is your 5 testimony that you decided you were going to go over there? 6 A 7 remember. 8 Q Who convinced you? 9 A I don't remember the conversation. 10 Q And he didn't force you to have sex at the Tribeca 11 I was convinced to agree to meet him, yes, but I don't Grand, did he? 12 A I didn't physically resist but I felt that -- yeah. 13 Q Did you remember testifying before the Grand Jury that 14 it wasn't forced? 15 A Correct, because I didn't resist. 16 Q Okay. 17 So you get a call to go meet Harvey Weinstein from somebody and you arrive at the hotel, correct? 18 A Yes. 19 Q And it's your testimony that there was a, you know, an 20 assistant or somebody who was there? 21 22 Do you remember an assistant being there? A No, I -- what I testified to is that I don't recall 23 whether there was an assistant or whether the front desk sent 24 me up to a room. 25 Q So is it fair to say you recall walking over there, Page 1705 1 you recall your shoes, you don't recall whether an assistant 2 was there when you got there, correct? 3 A That is a few questions in that question. 4 Q I will sustain that objection. 5 6 7 8 9 You said you went over there and you don't know if an assistant was there to greet you, right? A Correct. I don't recall whether there was an assistant or whether I went to the front desk or what I did. Q Did -- if there wasn't an assistant there, you would 10 have went to the front desk and you would have found out what 11 room Mr. Weinstein was staying in, correct? 12 A Yes. 13 Q And you would have gone up to his room? 14 A Yes, exactly, yes. 15 Q And you told the members of this jury -- 16 A Yes. 17 Q -- that when Mr. Weinstein, when you opened the door, 18 he grabbed you by your arm? 19 20 Do you remember telling them that? A I said that as soon as I went up to the room he -- 21 yeah, he grabbed me by the arm. 22 grabbed me by the arm and led me inside the room and straight 23 towards the bed. Not grab me by the arm. 24 Q Just like that, he grabbed you? 25 A Yes, actually, on that occasion, yes. He Page 1706 1 Q 2 bedroom? And when he grabbed you, he dragged you to the 3 MS. HAST: Objection. 4 THE WITNESS: Not dragged me. He led me. 5 Q 6 bedroom? 7 A I don't recall. 8 Q Now, I think what you told the Members of the Jury was 9 What did you say to him when he led you to the that he had sex with you while you were there? 10 A Correct. 11 Q Ma'am, did you take your clothes off? 12 Did he take your clothes off, do you recall? 13 A I don't recall. 14 Q And you told this jury that Harvey Weinstein said 15 pretty horrible things to you, right? 16 A Yes, correct. 17 Q You used the word, bitch, or you said he did? 18 A Yes. 19 Q Okay. 20 Well, yes. You spoke to the prosecutors in the June of 2018, correct? 21 A Yes. 22 Q And it was one of the first times you spoke to, at 23 least the prosecutors, not your lawyer, but the prosecutors, 24 right? 25 A Yes. Page 1707 1 Q And when you spoke to the prosecutor's in June of 2 2018, they asked you questions, not only about July the 10th 3 but they asked you questions about July the 26th, correct? 4 A Correct. 5 Q And when they asked you questions about July the 26th 6 and what happened with Harvey Weinstein at the hotel, you told 7 them that, I don't remember the situation, I don't remember the 8 meeting, didn't you? 9 A I don't remember saying that. 10 Q You don't remember saying that? 11 A No, I don't. 12 Q You certainly didn't tell the DA's in June of 2018, 13 14 15 that Mr. Weinstein called you those names, did you? A No, I think that is something that I remembered later because I focused in more on that particular -- 16 Q You remembered that later? 17 A Yes. 18 Q So -- so by the time you had spoken to the DA's, 19 ma'am, you had already done a press conference, correct? 20 A Yes. 21 Q You had already appeared on to the Megan Kelly Show, 22 correct? 23 A Yes. 24 Q You had already appeared ton on MSNBC, correct? 25 A Yes. Page 1708 1 Q And it is your testimony that after that when you 2 spoke to the DA's, you still hadn't remembered that Mr. 3 Weinstein called you those names and treated you that way? 4 A I had not been focusing on that incident at that 5 point, so -- and it was a very long time ago. 6 really remembering as much and then because I was focusing more 7 on that later I remembered more. 8 Q 9 of this? So I wasn't So everything was a very long time ago, correct, all 10 A Correct. 11 Q And -- 12 A But some things stick out. 13 Q You didn't focus on the Tribeca situation when you 14 15 16 17 spoke to the DA's in July of 2018? A Correct, correct but I did tell them about it as far as I can recall. Q You also testified in front of the Grand Jury, not 18 just a meeting with the DA's Office, but you testified. And 19 when you testified it was in a room, maybe not as big as this 20 or may be bigger, there were jurors sitting here and you were 21 asked questions about the meeting at Tribeca Grand, correct? 22 A Correct. 23 Q And one of the questions you were asked and you gave a 24 25 series of answers, page 231: Question, so with regards to the incident that you Page 1709 1 described at the Tribeca Grand Hotel, a juror has a question: 2 For one thing, I think you told us earlier that your 3 memory of this incident is -- how would you describe your 4 memory in terms of quality of your memory of that incident? 5 Answer, not very detailed. 6 MS. HAST: 7 THE COURT: 8 9 Objection, again. It's consistent. Sustained. BY MR. CHERONIS: Q Well, you are -- well, when you testified in the Grand 10 Jury in 2018, you didn't mention anything about him calling you 11 those names, did you? 12 A No, I didn't. 13 Q And they asked you about that and you said you didn't 14 have a recollection of it? 15 A They didn't ask me, specifically, about any names, no. 16 Q They asked you about the incident, didn't they? 17 A They did. 18 Q And you didn't offer that? 19 that? 20 A No, I didn't recall at that moment. 21 Q You didn't recall at that moment when you were sitting You didn't say he said 22 in front of the Grand Jury after you were speaking to the DA's 23 Office, after you had spoken to your lawyer, you didn't recall 24 that? 25 MS. HAST: Objection, Judge. Already asked. Page 1710 1 2 3 THE COURT: Q Sustained. Is this because you hadn't focused on it at that point? 4 MS. HAST: 5 THE COURT: 6 THE WITNESS: 7 8 Q Objection. Overruled. Correct. Mr. Weinstein never called you those names, did he, ma'am? 9 A He did. 10 Q Let's go to the next calendar. 11 Can we blow that up, please. 12 Did you go to dinner with Ms. Pressman afterwards? 13 A I don't recall. 14 Q This is the very next insert on your calendar, Ms. 15 Haleyi, am I correct? 16 A Yes. 17 Q We already talked about the hearts being up there. 18 The next day it says, call Dan about tix. 19 Did I read that correctly? 20 A Yes. 21 Q You know that's Dan Guando? 22 A Yes. 23 Q And the tix you were talking about were the tickets 24 that Harvey Weinstein agreed to give you to fly you to London 25 on August 2nd, correct? Page 1711 1 2 A Perhaps. I don't remember the exact conversations or the -- yes, probably. 3 Q 4 correct? 5 A I would have to be refreshed. 6 Q If we can shoot it over one. 7 So you do agree that on August 2nd you flew to London, JFK to London, correct? 8 A Yes. 9 Q And you know that Harvey Weinstein paid for that 10 ticket, don't you? 11 A I know that now, yes. 12 Q Well, you knew it then too, didn't you? 13 A I knew it then but I didn't remember particularly 14 15 16 until I was shown. Q So did you talk to Mr. Weinstein at the Tribeca Grand about him flying you to London -- 17 A I don't remember. 18 Q -- days later? 19 A I don't remember that conversation. 20 Q You didn't talk to him in LA according to you, 21 correct? 22 A I don't recall talking to him in LA. 23 Q And then when you get back you talked to him at the 24 Tribeca? 25 A I talked to him at the Tribeca Hotel. Page 1712 1 2 Q You told this jury you remember the names he called you, correct? 3 A Yes. 4 Q And then on the next day, if we can go back to July 5 31st, it says, call Dan for tix, right? 6 A Okay, yes. 7 Q The tix that we are referring to are the tickets that 8 Mr. Weinstein bought you to go to London, can we agree with 9 that? 10 A Yes. 11 Q And if we can go to the next clip, on August 31st, 12 there is a scratch off there, am I right? 13 A Okay, yes. 14 Q And you know now what's under there, don't you? 15 You have been told? 16 A I don't recall, sorry. 17 Q It says, call Dan to see if I can go. 18 A I see. 19 Q And you agree with me that's what it says under there? 20 A I have been shown something that says that's what it 21 says, yes. 22 Q 23 Okay, yes. It says that because you wrote that, call Dan to see if I can go, correct? 24 A Correct. 25 Q And then you completely crossed that off, didn't you? Page 1713 1 A Yes. 2 Q It's not just a little cross off, that is an 3 obliteration, isn't it? 4 A Yes. 5 Q And the, call Dan to see if I can go, is Dan Guando, 6 correct? 7 A Most likely, yes. 8 Q That's someone who works for Harvey Weinstein? 9 A Yes. 10 Q That was someone you were calling about tickets to go 11 12 13 14 to London with, right? A No -- yes, I was calling him, yes. mean, that's what it says. Q I suppose. I I don't recall the phone calls. We can agree that after the Tribeca, you called Dan 15 Guando for tickets and you then called Dan to see if you could 16 go and on August 2nd you fly to London on a Weinstein ticket, 17 correct? 18 A Correct. 19 Q Do you not remember any of that? 20 A I don't recall the specific conversations. But if it 21 says that I went to London on a Weinstein ticket, then I 22 believe you. 23 Q I didn't write it? 24 A I believe it. 25 Q You went there because he purchased you a ticket a few Page 1714 1 days after you are claiming -- 2 A On miles. 3 Q On miles? 4 A Probably, yes. 5 Q You remember that or are you just saying that? 6 A I believe so. 7 Q So was it in between Mr. Weinstein swearing at you 8 9 10 I believe on miles. when he offered to fly you to London? A He called me a bitch and a whore because he thought it would turn me on while we were having sex. 11 Q Or maybe he didn't say it at all. 12 A No, he did say it. 13 Q And let's go to the next date. 14 MS. HAST: Judge, this isn't in evidence. 15 MR. CHERONIS: 16 Does it really matter? 17 MS. HAST: I can lay a quick function, Judge. It's not in evidence. If you want it 18 to be in evidence on the record, you have to put it on the 19 record. 20 21 MR. CHERONIS: don't want to approach, if I can't. 22 23 24 25 May I approach, Your Honor. Can somebody approach? BY MR. CHERONIS: Q Does that appear to be an accurate insert in your calendar for the first week of August? I Page 1715 1 A Yes. 2 Q Do you have any reason to believe that that's not a 3 true and accurate depiction of the calendar that was turned 4 over to me? 5 A No. 6 7 MR. CHERONIS: published. 8 THE COURT: 9 MS. HAST: 10 11 Your Honor, I ask that this be THE COURT: Any objection? No. That should be Defense O as in olive. BY MR. CHERONIS: 12 Q Now, Paolo picked you up at 6:35 in the morning? 13 A Yes. 14 Q Was that your boyfriend? 15 A No. 16 Q Did you ever date Paolo? 17 A No. 18 Q And then at 10:30 on Thursday you go to the Baglioni 19 Hotel? 20 A Yes. 21 Q You had a place to stay in London, right? 22 A Yes. 23 Q And it wasn't the Baglioni Hotel, was it? 24 MS. HAST: 25 THE COURT: Objection. Overruled. Page 1716 1 THE WITNESS: No. 2 Q Was Mr. Weinstein staying at the Baglioni Hotel? 3 A Not to my knowledge, no. 4 Q Do you remember what you did at the Baglioni Hotel? 5 A Probably had dinner. 6 Q And the next day you go to Cipriani's, correct? 7 A Correct. 8 Q Was Mr. Weinstein there? 9 A I don't recall him being there, no. 10 Q You had called Dan Guando to see if you could go, 11 12 where were you trying to go? A I don't know because I don't remember calling the 13 phone call. 14 thing I know is what I have been told since. 15 16 17 Q All I know is -- or whatever it is -- the only The only thing you know is what you have been told since? A About that. When it says, call Dan, that's the only 18 thing I know is the scribbled over thing that I have been since 19 shown, that that is what I know of that. 20 I don't recall the particular conversation. 21 Q Do you know -- do you remember when you scribbled over 22 that? 23 A No. 24 Q Do you know why you would have scribbled over that? 25 A I scribbled over a lot of things. I don't know. Page 1717 1 Q Like that? 2 A Yes. 3 Q And whether Harvey Weinstein was in London or wasn't, 4 he certainly paid for your trip to go there, correct? 5 A Correct. 6 Q Now, at this point you have told us about what 7 happened on July 10th and about this experience on July 26th 8 before Mr. Weinstein -- before the London trip. 9 10 Did you decide at that point to sever all ties with Mr. Weinstein? 11 A I didn't decide anything, no. 12 Q Well, you certainly didn't severe ties with him, did 14 A No, I didn't. 15 Q In fact, on September the 8th of 2006, you learned 13 you? 16 that Harvey Weinstein is in London and you try to switch your 17 flight in order to meet him and Dan Guando, correct? 18 A No, not necessarily. 19 Q Okay. I am going to show you what I will mark as. 20 THE COURT: 21 MR. CHERONIS: 22 MS. ILLUZZI-ORBON: 23 24 25 P. P. Can you show it to us, please? MR. CHERONIS: Oh, I am sorry. Page 1718 1 BY MR. CHERONIS: 2 Q Is this an email that you sent to Dan Guando? 3 A Yes. 4 Q Dan Guando, as we talked about, is Harvey 5 Weinstein's assistant? 6 A Yes. 7 Q And that's a true and accurate depiction of that 8 9 email? A Yes. 10 11 MR. CHERONIS: Your Honor, I ask that it be published. 12 THE COURT: 13 MS. ILLUZZI-ORBON: 14 MS. HAST: 15 THE COURT: 16 17 Any objection? No objection. No objection. Defense P is received into evidence. BY MR. CHERONIS: Q If you can blow that up. 18 And that's an email that you are sending to Dan. 19 It says, hi Dan. 20 How are you. So I'm back in London and totally bummed to have missed you guys. 21 Did I read that correctly? 22 A Yes. 23 Q And the, you guys, that you are referring to are Dan 24 25 and Harvey Weinstein, correct? A Yes. Page 1719 1 Q And it says, I tried to change my flight till Friday 2 but I couldn't. So if you are coming back any time soon, 3 please let me know. 4 catwalk might start shooting, if I have a spot, all the best 5 Miriam, is that right? Also, it would be great to know when 6 A Yes. 7 Q So that's you sending an email to Harvey's assistant 8 saying that you are bummed to have missed them -- 9 A Yes. 10 Q -- and asking if there might be a catwalk spot 11 available for you at some point? 12 A Yes. 13 Q And you never got a catwalk spot, did you? 14 A No. 15 Q And you actually tried to change your flight in order 16 But it was -- yeah, no. to get there earlier to see Harvey Weinstein? 17 A I am not sure that that's true. 18 Q Is that what it says? 19 A I may have said that but I am not sure that I actually 20 tried to change my flight. 21 Q You may have been fibbing in the email? 22 A Perhaps, I might. 23 Q The man that you may have been changing your flight to I don't recall. 24 see is the same man that you described on July 10th and July 25 26th, correct? Page 1720 1 A Correct. 2 Q You have talked a little bit on direct examination 3 about a meeting with Mr. Weinstein at a place called Claridges, 4 correct? 5 A 6 Yes. I only remember that as Claridges because I saw it in my calendar. 7 Q And do you remember what that meeting was about? 8 A Um, as far as I can recall, when I met him in London I 9 10 took my laptop to show him a project that I was hoping to get some -- I just wanted to pitch a project idea. 11 Q You wanted to pitch a project to Harvey Weinstein? 12 A Pitch a project, get his opinion, yes. 13 Q You wanted to meet with him in a hotel room and pitch 14 a project to him? 15 MS. HAST: 16 THE COURT: 17 THE WITNESS: 18 hotel room. 19 where it ended up. 20 Q 21 Exhibit Q. 22 Objection. Overruled. I didn't want to meet him in a I wanted to pitch a project to him and that's I am going to show you what I will mark as Defense November 6. Ma'am, I am going to ask you, what are the three days 23 on there? 24 A It says, November 6th, 7th and 8th. 25 Q Is that a true and accurate depiction of your Page 1721 1 calendar? 2 A It is. 3 MR. CHERONIS: 4 evidence and published. 5 THE COURT: 6 MS. HAST: 7 THE COURT: 8 evidence. 9 Q 10 And I ask that that be received in Any objection? No objection. Okay, defense. Q is received into And that's a meeting with Harvey Weinstein at 4:00 p.m. at Claridges, correct? 11 A Correct. 12 Q And did you remember -- do you remember that meeting? 13 A I remember meeting him in London and showing him Trash 14 15 16 17 18 19 20 21 22 TV idea on my laptop. Q Would you take my word for it that you didn't send him the Trash TV package until February of 2007? A I was already thinking and writing about Trash TV before that time. Q When you were thinking about it and writing it, you wanted someone to produce it, correct? A Not necessarily. I may have just been showing him the idea to see what he thought about it. 23 Q Like a friend would show a friend something. 24 A No, a person would show somebody who is very 25 experienced in the field something. Page 1722 1 Q And that's what you thought of Mr. Weinstein in 2 November of 2006, he was a person that you could share your 3 work with because he was experienced in the field, correct? 4 Right? 5 A Yes. 7 Q And that HW, you signed that HW, correct? 8 A Yes. 9 Q And if we can go back to the July 10th HW, are those 6 10 I felt he was a successful producer who knew a lot. similar? 11 A Not really. 12 Q Did you write them both? 13 A Like I said, I don't know that anyone else would have 14 written in my calendar. So I would say, yes. 15 Q You talked about Trash TV, correct? 16 A Yes. 17 Q Trash TV was a concept that you had developed along 18 with some friends, right? 19 A Yes. 20 Q Mainly yours? 21 A Yes. 22 Q It was sort of your brain child, something that you 23 wanted to get off the ground? 24 A Yes, it was an idea. 25 Q It was an idea that you wanted to maybe turn into a Page 1723 1 show? 2 A Yes. 3 Q And you put together a treatment for that show, didn't 5 A Somewhat, yes. 6 Q And at that time in February of 2007, Michael White 4 7 Yes, an online show, yes. you? was still alive? 8 A Yes. 9 Q You had met producers on the TV show, Shoot Me in 10 England, right, or Shoot Me 2? 11 A I was a producer on Shoot Me 2, yes. 12 Q At this point you are 29 years old? 13 A Correct. 14 Q And you knew a lot of people in the industry, didn't 16 A Yes. 17 Q And you knew other producers? 18 A Absolutely. 19 Q You knew other directors? 20 A Yes. 21 Q You knew actors? 22 A Yes. 23 Q You knew a lot of people? 24 A Yes. 25 Q And the person that you decide that you are going to 15 you? Page 1724 1 pitch this too -- 2 A Yes. 3 Q -- is Harvey Weinstein? 4 A Yes, and many others also. 5 6 others. Q 7 8 I pitched it to many I met with a lot of people about Trash TV. I am going to show you what I will mark as R. This is R. And then there is another piece to it. I am sorry. 9 Does that look like the email you sent to Dan Guando? 10 A Yes. 11 Q Is it a true and accurate depiction of that email? 12 A Yes. 13 Q And that includes the Trash TV treatment that you sent 14 15 to Mr. Weinstein as well? A Yes. 16 17 MR. CHERONIS: I ask that it be published, Your Honor. 18 THE COURT: 19 MS. HAST: 20 THE COURT: 21 (Document is handed to the Judge.) 22 23 24 25 Objection. Objection. Cheryl can you grab that? (Discussion held at the bench, off the record.) (The discussion off the record concluded, and the following occurred in open court:) Page 1725 1 THE COURT: 2 MR. CHERONIS: 3 already. 4 5 Okay. I think I laid a foundation for it So if we can publish. THE COURT: Defense R is marked as sub one, sub two and sub three. 6 The email from September 8 is one and then the 7 Trash TV treatment and then email from September 18th, I 8 believe. 9 BY MR. CHERONIS: 10 11 12 13 Q Guando. Ms. Haleyi, this is an email that you sent to Dan I am sorry. THE COURT: So jurors, the sergeant just told me that you need a break. 14 (Witness is excused.) 15 THE COURT: All right jurors, please remain 16 mindful of all of my prior admonitions and instructions 17 during this or any other recess. 18 Keep an open mind. Do not form an opinion as to 19 the guilt or innocence of the defendant. 20 this case amongst yourselves or with anyone else. 21 22 23 24 25 Do not discuss See you back here in about, whatever, five or ten minutes, thank you. (Whereupon, the jury exited the courtroom and the following occurred.) (Continued on the following page.) Page 1726 1 THE COURT: 2 Attorneys, be back here in five minutes. 3 (Brief recess taken). 4 THE COURT: Okay, let's get the witness from the 5 witness room and jury entering. 6 COURT OFFICER: 7 ( Jury enters courtroom). 8 THE CLERK: 9 are present. 10 Jury entering. Case on trial continued, all parties Parties stipulate the jury is present and properly seated? 11 MS. ILLUZZI: 12 MR. AIDALA: Yes. 13 THE COURT: The witness will be recalled in a 14 Yes. moment. 15 COURT OFFICER: Witness is entering. 16 ( Witness enters courtroom). 17 THE COURT: Welcome back, you are still under 18 oath. Same rules apply. 19 in, you may resume your questioning. 20 MR. CHERONIS: 21 CROSS EXAMINATION CONTINUED 22 BY MR. CHERONIS: 23 Q Once the witness looks settled Thank you, your Honor. Ma'am, so we are clear with something, before we talk 24 about -- you are not claiming Mr. Weinstein forced you to have 25 sex at the Tribecca Grand, are you? Page 1727 1 A No. 2 Q And we talked a little, before we get into Trash TV, 3 you said somebody told you about the discrepancy between the 4 July 10th Post article and July 11th, who told you that? 5 A The District Attorney. 6 Q The District Attorney? 7 A Yes. 8 Q When did they tell you that? 9 A They were trying to locate the article that I had 10 11 12 referred to. Q Okay, the article that you referred to was an article about Harvey and Georgina in Paris, correct? 13 A Correct. 14 Q And that article -- 15 A Not necessarily an article, but a mention. 16 Q A mention of them. And you told the D.A that is what 17 was in the back of the driver's seat on July 10th of 2006, 18 correct? 19 A Correct, that is what I remembered, yes. 20 Q Then what happened, the District Attorney told you it 21 couldn't have been July 10th because that article did not come 22 out until July 11th. 23 A Not correct. 24 Q What did they tell you? 25 A They told me they located an article on July 11th, but Page 1728 1 that did not mean there didn't exist anything July 10th. 2 3 Q And you want to take a look at the article, have you seen it before? 4 MS. HAST: 5 6 A Objection. I have seen an article, I'm not a hundred percent sure of what you are going to show me will be the article or not. 7 Q Would you like to look at it? 8 MS. HAST: 9 THE COURT: 10 Q Objection. Sustained. Now, we were talking about Trash TV. I want to show an 11 e-mail you sent to Dan Guando. This is hey Dan, this is you 12 writing, haven't spoken to you in a while, hope you are well. 13 Please, could you forward these attachments to Harvey. 14 It is a letter and sort of treatment for this project I want to 15 do. 16 17 I'm not forwarding someone else's stuff, it is my own thing, so please, please, could you get him to read it. 18 I want to stop there. What you are saying to Mr. 19 Guando, you are not sending a script from somebody else, you 20 want Harvey to know the script is coming from you? 21 A I wanted Dan to know that. 22 Q He was going to send it to Harvey? 23 A Yes. 24 Q Were you friends with Dan? 25 A No, he's Harvey's assistant, but I wanted him to know Page 1729 1 it was from me because I had in the past forwarded other 2 people's scripts, so he would definitely deliver it to Harvey. 3 4 Q Because if it came from you, you thought Harvey would be more likely to read it, right? 5 A Probably, yes. 6 Q Then it says I'd really appreciate it, files are too 7 big to e-mail, mood clips, and any who, would be great if you 8 could let me know you have received this. 9 right? All the best, Miriam, 10 A Correct. 11 Q Included with that is the Trash TV package? 12 A Correct. 13 Q Go to the next. 14 Highlight the top portion of that. This is just without going through all of this? 15 A Yes. 16 Q Moving yet another step closer to everyone having their 17 15 minutes of fame, Trash TV entertainment on the net anyone has 18 a chance to be a part of? 19 A Yes. 20 Q Sort of like a skit comedy show? 21 A Correct, yes. 22 Q You pitched to Mr. Weinstein certain things about Trash 23 TV where individuals, famous individuals might be caught in some 24 trouble, right? 25 A No, not caught in trouble, no, but more perhaps pranks Page 1730 1 2 and things like that. Q Most content on Trash TV will be low to no budget 3 productions and improvise, go, open this up. These are some of 4 the documentaries and interviews and events, celebrity 5 interviews and things like that, correct? 6 A Yes. 7 Q That is what you hoped to pitch to Mr. Weinstein or at 8 9 10 least get some advice from him, right? A Yes. I may have already mentioned it at that point to him, I don't know. 11 Q This is February of 2007? 12 A Correct. 13 Q Then you meet with Harvey Weinstein, don't you? 14 A I don't recall. I just recall meeting with Harvey 15 Weinstein at some point in London with my laptop to show him 16 some video of Trash TV. 17 18 Q When you met with him at the hotel in London, were you alone? 19 A There were assistants going in and out, yes. 20 Q Did you know his assistants were going to be there when 21 you went there? 22 A It was a busy workday, yeah. 23 Q You had no fear of going to Mr. Weinstein's hotel? 24 A No, at that point no, I didn't. 25 Q At that point some six months after July of 2006? Page 1731 1 A Correct. 2 Q Let's see the next e-mail. Then you forward to Dan 3 Guando your letter to Harvey Weinstein thanking him for the help 4 that he gave you, correct? 5 A Sorry, I have not read this, may I read it? 6 Q I can read it along with you. Dear Harvey, thank you 7 so much for your kind offer to help and for John's call. 8 very informative and he's very sweet and helpful. 9 that correctly? It was Did I read 10 A Correct. 11 Q John was an individual that after you met with Harvey 12 Weinstein he put you in touch with John? 13 A I'm not sure I met him for him to put me in touch with 14 John. He may just have given the contact to me by telephone or 15 e-mail. 16 Q You may have met with him or got it? 17 A I don't remember meeting with, I don't remember that 18 specific meeting where I got John's information. 19 been in a meeting or may have been through a phone call. 20 21 Q It may have I have no quarrel with that, you could have met him or on the phone? 22 A Correct. 23 Q Then it says I mulled over all the things he said and 24 carefully examined the website he suggested as well as bought 25 the book he thought I should read. Page 1732 1 Without reading all of this, you can read it, if you go 2 down you are just telling him what you are trying to do for 3 Trash TV, is that a fair statement? 4 A Yes. 5 Q At the bottom it says we are hopefully meeting in the 6 next few weeks to discuss collaboration. 7 researching and working on it. 8 appreciated. In the meantime, keep Your support is very much 9 A I was referring to meeting with Felipe Caland. 10 Q Not referring to Harvey? 11 A No. 12 Q What you say to Mr. Weinstein on February 19, 2007 is 13 you shall keep researching and his support is very much 14 appreciated, right? 15 A Yes. 16 Q You sign the e-mail lots of love, Miriam? 17 A Yes. 18 Q You meant that when you said it to Harvey, lots of 19 love? 20 A 21 Yes, it is a very common way to sign off in Britain especially. 22 Q To the man you just described about July 26th and July 23 10th? 24 A Correct. 25 Q Lots of love? Page 1733 1 A Correct. 2 Q Did he help you at all with Trash TV other than what we 3 just discussed? 4 A No, not that I recall. 5 Q Then in 2007 you were given some tickets by Mr. 6 Weinstein at the Cannes Film Festival for the movie Sicko, you 7 remember that? 8 9 A I remember getting some tickets at the Cannes Film Festival, I do not remember to what movie. 10 Q It was from Harvey, right? 11 A Yes. 12 Q You actually reached out to Mr. Weinstein and his 13 company to ask if you can get tickets for the movie, didn't you? 14 A 15 possible. 16 Q 17 18 19 20 21 Possibly, I don't remember doing that, but it is very And that is because you knew Harvey Weinstein could get ticket at the Cannes Film Festival, right? A He probably had some movies the a the Cannes Film Festival, yes. Q You decided to reach out to him to ask for the those tickets, right? 22 A Yes. 23 Q Did you see him at all in Cannes in 2007? 24 A I don't remember seeing him, no. 25 Q Do you remember leaving a message for him and his Page 1734 1 2 3 company telling him you were in town? A I remember leaving a message that I didn't make it to the movie. I do not remember the conversation before that. 4 Q Do you remember Harvey asking if you were in London? 5 A I don't recall. 6 Q I'm going to have somebody show you a document. 7 A Okay. 8 9 10 ( Handed to witness). Q Does that appear to be an e-mail sent from somebody from Mr. Weinstein's office to you? 11 A Yes. 12 Q Without getting into everything in the e-mail, 13 essentially Mr. Weinstein wants to know if you are still in 14 London? 15 A Correct. 16 17 MS. HAST: Q Has that been marked? And you tell Mr. Weinstein's assistant you'll be in 18 London for a few days then you are starting a job in Miami, 19 correct? 20 A Well yes. 21 Q So, if I can get that back. 22 23 MR. CHERONIS: I ask this be admitted into evidence, but I'll not ask it be published at this point. 24 THE COURT: 25 MS. HAST: Any objection? No. Page 1735 1 THE COURT: 2 Defendant's S is received into evidence. 3 Q In that situation, Mr. Weinstein wants to know if you 4 are in London and you say yes, I'm here for a couple of days, 5 correct? 6 A Can I see it again, does it say yes? 7 Q Yes, I'm in London for a couple of days but I'm moving 8 to Miami on Friday? 9 A Yes. 10 Q You don't know if you saw Mr. Weinstein at that time or 12 A I don't recall seeing him. 13 Q Then we talked at the beginning of the cross 11 not? 14 examination about running into Mr. Weinstein in 2008 at the 15 Cannes Film Festival. 16 17 You had phone calls with him and you send him that e-mail about the Mercer Hotel, right? 18 A Repeat. 19 Q It was a lot. We started out the questions that Mr. 20 Weinstein ran, you ran into him at 2008 at the Cannes Film 21 Festival, right? 22 A Yes. 23 Q And you send him that reminiscing e-mail about the 24 25 Mercer Hotel? A Yes. Page 1736 1 Q He responded you are a genus, right, you remember 2 that? 3 A Well, I have seen it, yes. 4 Q Now, back in 2009, you had not seen Mr. Weinstein in at 5 least a year, right, or in February of 2009 you had not seen him 6 since Cannes, June of 2008, right? 7 A Correct. 8 Q And do you recall reaching out to Mr. Weinstein on 9 February 25th of 2009 and asking him if he had a job or a runner 10 position? 11 A 12 I remember having seen, yes, I have seen the e-mail since. 13 Q Let me show it to you. 14 A Thank you, I cannot remember exactly the date unless I 15 see it. 16 MR. CHERONIS: It is T. 17 A Yes. 18 Q Is that a true and accurate depiction of an e-mail you 19 20 sent to Harvey Weinstein? A Yes. 21 MR. CHERONIS: 22 THE COURT: 23 MS. ILLUZZI: 24 MR. CHERONIS: 25 THE COURT: I ask it be received into evidence. Any objection? Can we see it. I ask this be published. Any objection to its admission? Page 1737 1 MS. HAST: 2 THE COURT: 3 4 Q No objection. Received into evidence. This is maybe one of the last communications you have with Mr. Weinstein via e-mail? 5 A Yes. 6 Q Dear Harvey, on May 25th of 2009, I have not seen you 7 in so long, how are you. 8 9 Listen, I'm saving up to become a Kundalini Yoga teacher. I just wanted to announce myself available for work if 10 you happen to by any chance have anything shooting in London. 11 Did I read it correctly? 12 A Correct. 13 Q I'll be a runner whatever, I really appreciate any 14 lead. 15 A Correct. 16 Q Either way I hope you are super well. 17 My cat needs feeding. Peace and love, Miriam? 18 A Correct. 19 Q So, in 2009 when you sat down at your computer or typed 20 it on your phone, again, you had options to not send that e-mail 21 to Mr. Weinstein, correct? 22 A Absolutely. 23 Q And you had options on how to sign that e-mail, 24 correct? 25 A Correct. Page 1738 1 2 Q That is what you would consider a friendly e-mail asking for a job if possible? 3 A Correct. 4 Q And at that point, in 2009, Mr. Weinstein didn't have 5 any hold over you, you did not live in the same country, did 6 you? 7 A No. 8 Q You had no connection to him whatsoever? 9 A No. 10 Q Right? 11 A No. 12 Q That is the e-mail you sent him? 13 A Yes. 14 Q And did he respond to that e-mail? 15 A No. 16 Q Did you get a job as a runner? 17 A I probably got a job as something else, but not with 18 19 Mr. Weinstein. Q And over the years, after July of 2006, you would send 20 scripts to Mr. Weinstein, both scripts you worked on like Trash 21 TV, maybe scripts is not the right word, but your friends as 22 well? 23 A I sent some scripts, yes. 24 Q The reason you would send scripts to Mr. Weinstein from 25 friends is because your friends knew that you knew Harvey Page 1739 1 Weinstein? 2 A Yes. 3 Q Because you told them that you had a relationship with 4 Mr. Weinstein, correct? 5 A Yes, they were aware of I knew him, yes. 6 Q I believe you said not anybody could just send a script 7 to Mr. Weinstein? 8 A I never said that. 9 Q Okay, how many scripts over the years of your friends 10 did you send to Mr. Weinstein? 11 A I don't think many, maybe a couple. 12 Q Did you introduce him to any other individuals, actors, 13 producers, things like that? 14 A Sorry, if I introduced Harvey Weinstein? 15 Q Yes. 16 A Not that I remember, no. 17 Q Then from 2009 after you send this last e-mail, you 18 don't really see Harvey Weinstein till today? 19 A Correct. 20 Q And in 2017, the State asks you whether you had read 21 any articles about Mr. Weinstein and you said you had? 22 A Correct. 23 Q Memories resurfaced at that point, correct? 24 A Yes, correct. 25 Q It was at that point that you had some options, right? Page 1740 1 A Yes. 2 Q Could have called the police? 3 A Yes. 4 Q Okay, you hired a lawyer? 5 A Yes. 6 Q And at first, did you say you wanted to remain 7 anonymous? 8 A I think that is lawyer -- I think that is confidential. 9 Q No, not to your lawyer, but did you want to remain 10 anonymous? 11 A Initially I did. 12 Q You didn't want to tell anybody publicly about what you 13 14 15 are alleging in this case, right? A I didn't want to be public initially no, but I did want to lend my support. 16 Q Then you hired an attorney? 17 A I retained an attorney, yes. 18 Q Did you pay this attorney? 19 A No. 20 Q That attorney is Ms. Allred sitting in court now? 21 A Correct. 22 Q And without getting into what you discussed with Ms. 23 Allred, you met with her, right? 24 A Yes. 25 Q Did she fly to London or did you fly to the United Page 1741 1 States? 2 A I eventually flew to the United States. 3 Q You met with her? 4 A I did. 5 Q And very, very soon after that, you were no longer 6 anonymous, right? 7 A Correct. 8 Q You held a press conference? 9 A Yes. 10 Q And a press conference where it was very well attended 11 by the press, wasn't it? 12 A Yes. 13 Q And at that press conference before the microphones 14 came on, flashes were going everywhere, weren't they? 15 A There were some photographers, yes. 16 Q Some, there were a lot, weren't there? 17 A There were. 18 Q Ms. Allred was sitting next to you? 19 A Yes. 20 Q And prior to, prior to going to that press conference, 21 you put together a prepared statement? 22 A Correct. 23 Q You put together a prepared statement about your summer 24 25 in 2006 with Mr. Weinstein? A Not completely correct. Page 1742 1 2 Q Well, we will get to that. You put together a summary of your summer of 2006 with Mr. Weinstein? 3 A No, not correct. 4 Q You talked about some of the allegations, didn't you? 5 A I did. 6 Q Did you write that or your lawyer wrote that? 7 A I wrote that. 8 Q And when you wrote that, you knew that is what you were 9 going to read at the press conference, right? 10 A Yes. 11 Q And you read it at the press conference, didn't you? 12 A I read it, yes. 13 MR. CHERONIS: I seek to publish that. 14 MS. HAST: 15 ( Conversation held off the record). Objection. 16 Q You attended a press conference? 17 A I did. 18 Q You created a statement at that press conference? 19 A I wrote a statement, yes. 20 Q And after that press conference was over, your lawyer, 21 Gloria Allred, said she wanted more than an apology from Mr. 22 Weinstein, didn't you? 23 MS. HAST: 24 THE COURT: 25 Q Right? Objection. Overruled. Page 1743 1 A She may have. 2 Q And you know she's an attorney who makes her living as 3 a plaintiff's attorney, correct, filing lawsuits? 4 A Yes. 5 Q And she -- you didn't have to pay her for her to be 6 your lawyer, did you? 7 A No. 8 Q And you know that now because Mr. Weinstein has been 9 10 charged, the statute of limitations has been extended and you can sue him, you know that? 11 A I was not aware of venue. 12 Q You didn't talk with your lawyer about that? 13 A I have not. 14 Q When you went on your press conference, you knew the 15 entire world was going to be seeing that, didn't you? 16 17 MS. HAST: A I did. 18 19 20 THE COURT: Q Objection. Answer stands. You knew that what you were going to say was going to affect Mr. Weinstein? 21 MS. HAST: 22 THE COURT: Objection. Overruled. 23 A Yes. 24 Q And what you did was you talked about the incident at 25 the Majestic, right? Page 1744 1 A Correct. 2 Q You talked about the Paris rejection, right? 3 A Correct. 4 Q And you talked about July 10th? 5 A Correct. 6 Q That is all you talked about, right? 7 A Yes. 8 Q And you didn't tell the world at that press conference 9 10 in October of 2017 that two weeks later you were at the Tribecca Grand with Harvey Weinstein? 11 A I did not. 12 Q You did not tell the world that he flew you to London, 13 two days after that, did you? 14 A No I didn't. 15 Q You didn't tell the world you pitched Trash TV to 16 Harvey Weinstein, did you? 17 A May I just say -- 18 Q You didn't tell the world that, did you? 19 A No. 20 Q You didn't tell the world that you met with him to 21 pitch him other shows? 22 A No. 23 Q You didn't tell the world you ran into him at Cannes 24 25 and sent him a nice e-mail? A No. Page 1745 1 2 Q You didn't tell the world you tried to get a job from him in 2009? 3 A No I didn't. 4 Q What you told the world was what your lawyer referred 5 to as her truth, correct? 6 7 8 9 10 11 12 A Correct, and it was not her truth, and it is the truth, Q That is for somebody else to decide ma'am. yes. At the end of the day you did not tell the world in October of 2017 the rest of the story, did you? A It was not relevant to the message that I was there to share. 13 Q Well, let's talk about that message. 14 A Yeah. 15 Q What you did not want to share, were you worried about 16 sharing the fact you had this relationship with Mr. Weinstein, 17 were you worried about the fact you had accepted tickets from 18 him, were you worried about telling the world that? 19 20 A I was not, but it was not really relevant to the message I was there to share. 21 Q Well, it would have been the whole story, right? 22 A It would have been a two hour statement. 23 Q Probably not. 24 A Well, it would have been very long. 25 MS. HAST: Objection. Page 1746 1 2 THE COURT: Q Sustained. The truth is in October of 2017 the reason you did not 3 tell the world the rest of the story is because you knew they 4 would have looked at you skeptically? 5 MS. HAST: 6 THE COURT: Objection. Overruled. 7 Q Right? 8 A That is not true. 9 Q Okay, the truth of the matter is you had a consensual 10 relationship with Mr. Weinstein? 11 A Not a sexual consensual, no. 12 Q The truth is you had a friendship with Mr. Weinstein as 13 evidenced by all those e-mails, as evidenced how you reached out 14 to him? 15 16 A I considered him a professional and social acquaintance. 17 Q In 2015, 2014? 18 A I had not seen him for a very long time. 19 not sure. 20 Q He was still an acquaintance of yours? 21 A I have not seen him or talked to him for a very long 22 time. 23 Q Then in October of 2017? 24 A Sorry. 25 Q You had not seen him in years, it was not in vogue to In 2014, I'm Page 1747 1 be friends with Harvey Weinstein anymore, was it, in October of 2 2017? 3 A No. 4 Q No. You could not send him scripts anymore, could you? 5 MS. HAST: 6 THE COURT: 7 8 A Objection. Overruled. I was not sending scripts because I was not working in that industry anymore. 9 Q 2007 you did, 2009? 10 A Yes exactly, but not in 2017 or I don't know how 2014 11 12 13 was relevant. Q And it is your testimony you have no intentions of suing Harvey Weinstein? 14 A I have no plans. 15 Q No plans? 16 A Correct. 17 Q Is it a possibility? 18 A Well, there is always the possibility, but I have no 19 20 plans at this time. Q So, when the District Attorney asked you if you had any 21 plans to sue Harvey Weinstein, you said no, but you say now it 22 is a possibility? 23 A 24 25 I'm saying I don't have any plans at this time. MS. HAST: Q Objection. But it is a possibility? Page 1748 1 A Anything is a possibility. 2 Q Including the fact you may sue Harvey Weinstein, 3 correct? 4 A 5 Weinstein. 6 Q Never thought about it? 7 A At this time. 8 Q Have you talked to your lawyer about that? 9 A Not much to be honest with you. 10 Q But some? I have not considered or planned to sue Harvey 11 MS. HAST: 12 THE COURT: 13 A MR. CHERONIS: THE COURT: 17 REDIRECT EXAMINATION 18 BY MS. HAST: 20 Q 23 24 25 No further Any redirect? I'm just going to start at the end of cross examination some of the questions about your press conference. 21 22 It is confidential. questions. 16 19 Overruled. Yeah, it is confidential, sorry. 14 15 Objection. Why did you decide to tell, give a press conference about the July 10, 2006 incident? A I just wanted to add my voice in support and share my experience with the hopes of helping anyone else who was -MR. CHERONIS: Objection. Page 1749 1 THE COURT: Overruled. 2 Q And what experience were you sharing? 3 A The one where I felt was relevant, which was I was 4 5 assaulted by him at his Tribecca Soho loft. Q Did you consider the second incident, did you consider 6 yourself having been assaulted by Harvey Weinstein on that 7 incident? 8 A 9 didn't physically resist. 10 assault. 11 assault. 12 Q 13 I didn't know that that was an assault, because I So I didn't recognize that as an Hence, I focused on the one which I knew was an The defense counsel asked you some questions about Michael White on cross examination, you remember that? 14 A Yes. 15 Q He sort of insinuated you were living with Michael 16 White, you remember that? 17 A No sorry, he insinuated it? 18 Q Yes. 19 A He insinuated that. 20 21 22 23 24 25 MR. CHERONIS: Q I made no insinuation at all. Can you explain to the jury what your relationship was with Michael White? A Michael White was a very, very great friend of mine. He was like a mentor, father figure. He was like family to me. Sorry, sorry. He was a great friend and Page 1750 1 2 3 yeah, we had a close relationship. Q Did you have a sexual or romantic relationship with Michael White? 4 A No, we had a close platonic relationship. 5 Q You talked a little bit on cross examination about 6 wanting Harvey Weinstein to like you as a person. 7 describe why that was? 8 9 A Can you just Well, I had been introduced to him by somebody that I trusted and cared for very much who was very encouraging about 10 the relation to Harvey, because he felt that he could help me 11 and because he was so ill he felt he could not really, you know, 12 help me as much. 13 Q So he was very encouraging of that connection. There was a bunch of questions on cross examination 14 about names and phone numbers that you had written in your date 15 book, do you remember that? 16 A Yes. 17 Q And did you always write down names and numbers 18 corresponding to the day that you got that number or you were 19 going to call that person? 20 A Not necessarily, no. 21 Q Describe a little how you used that date book to record 22 23 things you wanted to remember? A I sometimes would doodle on random pages as well as 24 definite dates as well. So I would sometimes write meetings and 25 sometimes I would put a phone number in some random area. Page 1751 1 Q 2 regularly? 3 A Yes. 4 Q And were you crossing things out in your calendar 5 And did you cross out things in your calendar during the time you were using that insert back in 2006? 6 A Yes. 7 Q Did you cross out anything recently? 8 A No. 9 Q Did you ever cross out anything to hide what was 10 written? 11 A No. 12 Q Did you give that date book to the District Attorney's 13 Office? 14 A I did. 15 Q Again, did you cross out anything in that book? 16 17 MR. CHERONIS: Q Asked and answered. Prior to giving it to the D. A's Office? 18 THE COURT: Overruled. 19 A No. 20 Q Defense counsel brought up some of the hearts you saw 21 on your calendar, you remember that? 22 A Yes. 23 Q You talked about the fact you doodled sometimes when 24 25 you were on the phone and had the date book? A Yes. Page 1752 1 2 Q Was a heart one of the common doodles you are sort of going to doodle? 3 A Yes. 4 Q Did any of those hearts refer to Harvey Weinstein in 5 any way? 6 A Certainly not. 7 Q Do you remember defense counsel showing you a phone 8 record to refresh your recollection on cross examination? 9 A A phone record from what time, sorry? 10 Q From 2008 in May of 2018 when you were at the Cannes 11 Film Festival? 12 A Yes. 13 Q Do you remember defense just directed your attention to 14 that front page, do you remember that? 15 A Yes. 16 Q He showed you a phone call that had your phone number 17 as an incoming call to that number, do you remember that? 18 A Correct. 19 Q Do you actually see that highlighted there on the first 20 page? 21 A Yes. 22 Q Look at the second page of that document. 23 A Yes. 24 Q Does that have some additional calls that happened a 25 few days prior to the call the defense directed your attention Page 1753 1 to? 2 A Yes. 3 Q Do you see some additional highlighted calls that are 4 outgoing calls? 5 A Yes. 6 Q Are those outgoing calls highlighted there, are those 7 in fact from Harvey Weinstein to your phone number? 8 A They have, yes, they are, yes. 9 Q When you were doing Project Runway for the two or three 10 weeks, did you see Harvey Weinstein during that period of time? 11 A No, not at all. 12 Q You discussed a little bit on cross examination about 13 what caused you to come to the door of your apartment when 14 Harvey Weinstein had called or buzzed outside; do you remember 15 that? 16 A Yes. 17 Q And you had said something about that he asked to see 18 you face-to-face, do you remember that? 19 A Yes. 20 Q Can you just describe for the jury sort of what was 21 going on in those conversations while you were in the apartment 22 and he was standing outside? 23 MR. CHERONIS: 24 THE COURT: 25 A Objection, scope. Overruled. He was just insisting to come in and to talk to me. Page 1754 1 2 3 Q Were you able to get rid of him when you told him you did not want him to come in? A No, he was not leaving, and so that is when I decided I 4 do not want him to come into the apartment, so I'll go meet him 5 at the very front door. 6 7 Q You remember defense counsel on cross examination asking you some things about your trip to L. A, remember that? 8 A Yes. 9 Q If you had decided to extend your trip in L. A because 10 you wanted to see the baby born, would you have called an 11 assistant to change that flight to a later time? 12 A Possibly, I may also have already asked for it to be 13 booked later because I wanted to be in L. A really for my 14 friend. 15 Q When you arrived in L. A, had the baby been born yet? 16 A No. 17 Q Was there a planned date for when the baby was going to 18 be born? 19 A Yes, there was. 20 Q And did you, was that date sort of close in time to 21 when you actually ended up going to L. A for the premier? 22 MR. CHERONIS: 23 redirect. 24 25 Objection to leading, this is THE COURT: A Overruled. I believe it was, yes, or shortly after yes, maybe a Page 1755 1 week or so. 2 3 Q stuff. Defense asked you about a notation to buy friend baby Do you remember that in your calendar? 4 A Yes. 5 Q Would you have bought your friend some baby gifts even 6 if you did not get to go to L. A to see her? 7 A Yes. 8 Q Defense counsel asked you some questions about your 9 10 recollection of an article in the New York Post, you remember those? 11 A Yes. 12 Q Is it possible that you had seen that New York Post 13 article on July 11th when you were in the car going to the 14 airport? 15 A There was a possibility, yes. 16 Q You didn't go to L. A with Harvey Weinstein, is that 17 correct? 18 A Correct, I did not. 19 Q You flew on a commercial flight? 20 MR. CHERONIS: 21 THE COURT: Objection to leading, your Honor. Overruled. 22 A Correct. 23 Q Was Harvey Weinstein on that commercial flight with A He was not. 24 25 you? Page 1756 1 2 Q In fact, you remember being asked some questions about -- do you remember being asked some questions on cross 3 examination about the notation to Dan and the notation for the 4 Peninsular Hotel? 5 A Yes. 6 Q Did you see Harvey Weinstein during those dates? 7 A No. 8 Q Did you know in fact Harvey Weinstein was on a flight 9 10 from Westchester to London on July 14th? A I didn't. 11 MR. CHERONIS: 12 THE COURT: 13 14 Q Objection, speculation foundation. Question and answer stands. I'm just going to go to the August 3rd and fourth calendar days. 15 Do you remember being shown that date. Do you remember 16 defense counsel asking you some questions about your visits to a 17 hotel on the third then Cipriani's on the fourth? 18 A Yes. 19 Q Remember him asking you about whether or not you were 20 going to meet Harvey Weinstein there, right? 21 MR. CHERONIS: 22 so objection. 23 24 25 I don't think that was a question, THE COURT: Q Rephrase it. Did you know that Harvey Weinstein was not even actually in London on August 3rd and fourth? Page 1757 1 MR. CHERONIS: 2 THE COURT: 3 A 4 see him. 5 Q Objection. Overruled. I didn't know whether he was or he was not, I didn't Defense counsel asked you a question about the fact you 6 did not get a spot on the Project Cat Walk in London, do you 7 remember that? 8 A Yes. 9 Q Did you actually try to get any sort of work with the 10 11 12 13 Project Cat Walk? A I didn't pursue it much, no. I was open to it, but I did not pursue it much. Q On cross examination defense counsel asked you about 14 seeing Harvey Weinstein again in London in a hotel, remember 15 some of those questions? 16 A Yes. 17 Q Why didn't you have any fear about seeing Harvey 18 19 Weinstein again at the hotel in London? A I felt that after the time at the Tribecca where he had 20 basically taken what he wanted in that area that I was not 21 interested in, he was not pursuing me in that manner anymore, so 22 I thought, I felt fairly safe after that. 23 Q I'm going to show you what was entered into evidence as 24 Defense Exhibit S. Is that an e-mail you actually forwarded to 25 the District Attorney's Office that you found? Page 1758 1 A Yes. 2 Q That is an e-mail you brought to the District Attorney 3 attention regarding communications you had with Harvey Weinstein 4 following the attack; is that right? 5 A Yes, this is what I found in my e-mails, yes. 6 Q On cross examination defense counsel asked you about 7 October of 2017, remember that? 8 A Yes. 9 Q He kind of characterized your -- 10 THE COURT: 11 MR. CHERONIS: 12 13 Q Sustained. Thank you. Did you, the memories of the assault, were those memories that resurfaced in October of 2017? 14 A They resurfaced, yes. 15 Q Are those things that you had remembered still going on 16 since 2006? 17 A Yes. 18 Q Did you still remember and think about that in 2007? 19 MR. CHERONIS: 20 THE COURT: Objection to leading. Overruled. 21 A 22 time. 23 for many, many, many, years, yes. 24 25 Q I was not actively thinking about those things at that I had buried them very deeply and put them out of my mind Why did you reach out to Gloria when you wanted to speak to an attorney? Page 1759 1 2 A Because once after a lot of thought, I decided that I would, I wanted to share my experience in support of others. 3 MR. CHERONIS: 4 THE COURT: 5 A Overruled. I still had the concern about the fact -- 6 MR. CHERONIS: 7 THE COURT: 8 9 A Objection. Objection. Overruled. That part of the, part of the experience with Harvey Weinstein was that I had, part of that was that I had been 10 working on Project Runway on my visa basically more or less, 11 even though it was minimal or two or three weeks helping out. 12 was still concerned about that. I 13 Q But why did you choose Gloria specifically? 14 A Well, I spoke to a few friends and they said, you know, 15 whatever -- 16 MR. CHERONIS: 17 THE COURT: 18 19 20 Q Objection to hearsay. Sustained. Tell us why you personally, what led you to Gloria rather than another attorney? A Well, I was in Britain and a British lawyer would not 21 have known the law in America. 22 American lawyer and I did not know anyone. 23 So I wanted to reach out to an But I saw in the papers that Gloria Allred was already 24 involved or representing somebody already to do with Harvey 25 Weinstein. Page 1760 1 MR. CHERONIS: 2 THE COURT: 3 4 5 Q Objection. Overruled. Why did you keep in contact with the defendant following the two incidents in July of 2006? A In that world that I was in at that time, kind of 6 working, had not been working in production for Michael White 7 and gone on to another production company and so forth, Harvey 8 Weinstein was in that world regardless, right. 9 very important figure in that world. And so he was a And because I felt trapped 10 and not really able to do anything about it as in going to the 11 police or going public with it I believe not ending well for me, 12 I decided to just almost pretend it didn't happen and just put 13 it aside and just carry on as usual and put on a brave face and 14 just carry on. 15 16 17 Q Did somebody else write your calendar or was it just you, was that your personal calendar? A That is my personal calendar. So yeah, I cannot 18 imagine -- there is one part where Michael White has written an 19 address which I noticed, uh huh. 20 Q Were you ever using Harvey Weinstein? 21 A Using in what way, sorry, no. 22 MS. HAST: 23 THE COURT: 24 MR. CHERONIS: 25 RECROSS EXAMINATION No further questions. Anything? Yes. Page 1761 1 2 BY MR. CHERONIS: Q Ma'am, Ms. Hast asked you on redirect examination 3 whether or not it was possible the article that you were 4 referring to in the New York Post could have been the next day 5 when you flew to California, do you remember the questions? 6 A Yes. 7 Q Just so we are clear, on June 14th of 2018 you sat down 8 with prosecutors in this building, correct? 9 A I don't remember the exact date, but yes. 10 Q And you described to them the events you told the jury, 11 didn't you? 12 A Yes. 13 Q And you told them that when Mr. Weinstein's driver came 14 to pick you up. 15 A Yes. 16 Q And take you to the Soho apartment, there was a New 17 York Post in the backseat open to a picture of Harvey Weinstein 18 and Georgina at fashion shows he invited you to, that you 19 remember thinking maybe he planted it for me to see. 20 have -- She must 21 A May I see it please. 22 Q Will it refresh your recollection? 23 A I would like to see it because I do not recall those 24 25 exact words, I want to see it please. Q Would this refresh your recollection possibly? Page 1762 1 A Possibly. 2 ( Handed to witness). 3 Q If you can read it to yourself. 4 A Sorry. 5 Q The rules are you've got to read it to yourself and we 6 can talk about it. 7 8 A Can I just ask, sorry, if I may, can I just ask where this is from? 9 Q The District Attorney gave it to me, I didn't write 11 A These are notes? 12 Q They are absolutely notes from the District Attorney, I 10 13 it. didn't write them. 14 A Okay, this is not correct. 15 Q Okay, it is not correct? 16 A Yeah. 17 Q It is correct or not correct? 18 A It's not correct. 19 Q The District Attorney must have got it wrong and they 20 wrote it down that way? 21 A Correct. 22 Q The District Attorney told you at some point it could 23 not be July 10th, it had to be July 11th because they got the 24 Post, right? 25 MS. HAST: Objection. Page 1763 1 2 THE COURT: Q You can answer that question. The District Attorney told you at some point after 3 reviewing those notes, that it could not have been July 10th 4 because the article did not come out until July 11th, correct? 5 A I did not say that, no. 6 Q Did somebody tell you that? 7 A No, that is not what they said. They said they found 8 an article on July 11th, but there may also be something 9 somewhere on July the 10th. 10 Q Same article the day before? 11 12 MS. HAST: A I don't know it is the same article. 13 14 THE COURT: Q Objection. Overruled, the answer stands. You told the members of the jury on redirect 15 examination that the reason you kept in touch with Mr. Weinstein 16 was because he was in the same industry with you and he was 17 powerful? 18 A Partly, yes. 19 Q In 2009 he had no power over you when you asked him for 20 the job, did he? 21 MS. HAST: 22 THE COURT: 23 24 25 A Objection. Overruled. Yes, no, I asked for jobs from many people that had no power over me. Q When you sent him the e-mails, he did not have any Page 1764 1 power over you, did he? 2 A No. 3 Q And the reason you sent him those friendly e-mails is 4 because you were actually friends with Harvey Weinstein, weren't 5 you? 6 A It was because I wanted a job. 7 Q To the man who you just described what he did to you on 8 9 10 11 July 10th and 26th? A Yes, I asked for jobs from many people, including Harvey Weinstein. Q Now, one of the things Ms. Hast asked you on redirect 12 examination was about phone calls. 13 to trick you. 14 right? 15 A I certainly was not trying Mr. Weinstein called you and you called him back, I believe, I mean I called him according to those 16 records once and he called me three times according to those 17 records. 18 Q You told the members of the jury also on redirect when 19 Ms. Hast was asking you questions about why it is you felt 20 comfortable going to see Harvey Weinstein at a hotel in London 21 after July 10th and July 26th, do you remember those questions? 22 A Yes. 23 Q And according to you, on July 10th you were sexually 24 assaulted by Harvey Weinstein, then on July 26th there was some 25 sort of sex that was not forced, but you were not interested in? Page 1765 1 A Correct. 2 Q And the reason you felt comfortable going to the hotel 3 after that with Harvey Weinstein is because you thought he had 4 taken what he wanted? 5 A Correct. 6 Q Isn't the reason you felt comfortable dealing with 7 Harvey Weinstein and walking up to Harvey Weinstein and sending 8 Harvey Weinstein e-mails is because he never sexually assaulted 9 you? 10 A No. 11 MR. CHERONIS: 12 MS. HAST: 13 RE-REDIRECT EXAMINATION 14 BY MS. HAST: 15 16 Q No further questions. Just one. You just read some notes from a D.A during a meeting with you and you said some of it you felt was inaccurate? 17 A Correct. 18 Q Can you further tell the jury what part of that you 19 thought was inaccurate? 20 MR. CHERONIS: 21 THE COURT: 22 A Overruled. I don't recall ever saying there was an open newspaper 23 in the back of the car. 24 there was a picture. 25 Objection. I'm also not a hundred percent sure I had the impression there was a picture, but I'm not a Page 1766 1 2 hundred percent sure, it definitely was not open to the page. Q You do recall your memory being you saw an article and 3 it may include a picture back on July 10, 2006 when you were in 4 the car? 5 A Sorry. 6 Q You do recall saying to the District Attorney that you 7 had seen an article in the car on what you thought was July 8 10th? 9 A Yes, I mentioned something like that, yes. 10 MS. HAST: 11 THE COURT: 12 13 Nothing. Thank you very much for your testimony, you may step down, you are excused. A Thank you. 14 ( Witness exits courtroom). 15 THE COURT: 16 17 today. All right, jurors, that is it for See you tomorrow 9:30 a.m. Please remain mindful of all my prior admonitions 18 and instructions: 19 form an opinion as to the guilt or innocence of the 20 defendant. 21 During this or any other recess, do not Keep an open mind. Do not discuss this case among 22 yourselves or with anyone else, and certainly avoid any and 23 all media, electronic or otherwise, about anything 24 whatsoever to do with the case. 25 afternoon and evening, see you tomorrow 9:30. Thank you, have a good Page 1767 1 And remember, we will be breaking at the very 2 latest at three p.m tomorrow and depending who the 3 witnesses are and what order they are in, it might be 4 sooner than that, I have no idea. 5 ( Jury exits courtroom). 6 THE COURT: 7 8 Thank you. So, what are the issues we need to discuss attorneys? MS. ILLUZZI: A few things your Honor. First 9 thing is that when we were at the bench before and we were 10 discussing whether or not the People would be able to call 11 Liz Entin and we said to the defense well, she testified in 12 the grand jury, which she did in August of 2019, and Ms. 13 Rotunno and I think Mr. Cheronis said we didn't get those. 14 We went back and we looked in our records and 15 according to our internal records, I could show it to you, 16 it appears as though hers and a man named Hector Castillo 17 who also testified in the August grand jury, their 18 testimony was burned on CD's and it appears to us as though 19 it was sent, but when I went back to look at our 20 certificate of compliance, it was not specifically listed 21 as compliance. 22 So although we believed we had sent them, it is 23 possible that we didn't, or that they were not contained on 24 the C D we thought they were. 25 happened with Liz Entin's C D -- I'll explain why. What Page 1768 1 2 THE COURT: Do I need to know why, because the remedy that was requested is granted, function of time. 3 MS. ILLUZZI: We do our best to make sure they get 4 everything, and they would be the first people to say as 5 soon as I get something I'm more or less tossing it their 6 way. 7 8 MR. CHERONIS: I would not put words in anybody's MS. ILLUZZI: I'm saying that we do our very, very mouth. 9 10 best. 11 have a complaint though and I'm going to make my complaint 12 because we feel something was unfair, and that is this: 13 But yet, being in that sort of odd position, we do That on Saturday, we received some discovery from 14 the defense regarding Paul Feldscher, and that discovery 15 came in the form of what appears to be half of a text 16 message conversation, meaning that we have Paul Feldscher's 17 portion of a text message conversation that he, we can only 18 imagine had with the defendant, Mr. Weinstein. 19 And it is extremely difficult looking at this 20 conversation to know exactly what it is that Mr. Feldscher 21 is responding to and what questions are being asked to him 22 during this conversation, because the defense has refused 23 to give us Mr. Weinstein's portion of the conversation. 24 25 If they are going to call Mr. Feldscher regarding anything that is contained in this conversation, then we Page 1769 1 need the entire conversation, Judge. 2 It does not make sense without the other half of 3 the conversation knowing what questions were asked and what 4 he was responding to, so we are asking the Court to order 5 them to give us the other half of the conversation if they 6 want to call Mr. Feldscher. 7 THE COURT: Can I just say because I've been 8 waiting to say this over and over, I said it before. 9 Nobody cares, the Court has cautioned the defense about 10 their discovery obligations, and you don't have to go along 11 with it. 12 an absence of discovery, I'm going to say I kept telling 13 you this and you kept not caring. 14 15 So, if that is the case, then that is the case. If it is not the case, please continue to ignore me. 16 17 But when you want to call somebody, if there is MS. SAMSON: Your Honor, we have not ignored you and we made disclosures to the District Attorney. 18 THE COURT: 19 MS. SAMSON: But we -- 20 THE COURT: When did the trial start, January 22 MS. SAMSON: Yes. 23 THE COURT: When did you file your mandatory 21 24 25 When did this trial start? 6th? compliance? MS. SAMSON: Last week. Page 1770 1 THE COURT: After the date the trial started. 2 MS. SAMSON: But I believe the District Attorney 3 4 5 filed their's after the date the trial started. MS. ILLUZZI: We have been giving them discovery for a year and a half. 6 MS. SAMSON: The certificate -- 7 THE COURT: Their's was January second. 8 MS. SAMSON: They have not -- 9 THE COURT: What you will give them is not the 10 11 same as to what they are entitled to. MS. SAMSON: Yes, and regarding the statement of 12 witnesses, we have given them the discovery that is 13 relevant to witnesses that we intend to call, yes. 14 THE COURT: Ms. Fabi Samson, my position, I want 15 to make it clear again, if you come up short and then you 16 want to call somebody, I will say you cannot do it, okay. 17 MS. SAMSON: Your Honor -- 18 THE COURT: I don't know what you have. 19 MS. SAMSON: Regarding -- 20 THE COURT: Ms. Fabi Samson, I don't know what 21 you have or what their discovery is or who you plan on 22 calling, but you are now for at least the third time on the 23 record recautioned. 24 25 MR. CHERONIS: Just for the record, after the trial started, we received 2000 pages from the State. Page 1771 1 After the trial started we get two grand jurys. 2 Ms. Illuzzi wants to talk about reactions, how 3 many times have I asked for unredacted materials in this 4 case, a number of them, and it is interesting to hear the 5 argument in that vein. 6 We will talk to Ms. Illuzzi, we will fullfil our 7 obligations and discuss it. 8 from their own witnesses in this case, we will discuss that 9 with them, we are not hiding anything. 10 MS. ILLUZZI: They had Paul Feldscher's name I'm sorry, first, so the record is 11 clear, I informed all the Court and counsel that we were 12 subject to the new discovery laws, getting materials from 13 the civil division of the AG's Office and we handed to them 14 everything that the civil division of the AG's Office hands 15 us with regard to any of the witnesses that are relevant to 16 this trial. 17 So, by the way Judge, you should also know it was 18 all repeat of probably what they already had, and certainly 19 nothing new whatsoever. 20 that. 21 So just in terms of clarifying Secondly Judge, what my complaint specifically is, 22 this piece of discovery is meaningless without the other 23 half of the conversation. 24 asking from them is the other half of the conversation far 25 in advance of calling Mr. Feldscher, because what they have It just is -- so, what we are Page 1772 1 given us, half the conversation, is like us giving them 2 half of the e-mail where they are only hearing what the 3 complainant said and not what the defendant said. 4 THE COURT: 5 they understand, okay, so -- 6 All right, Ms. Illuzzi, I'm confident MS. ROTUNNO: The record needs to be clear 7 Mr. Feldscher was disclosed to Ms. Illuzzi by Mr. Brafman 8 when he was involved in the case, and Ms. Illuzzi had the 9 option to speak to him and she did not want to because the 10 11 seeking of justice from that table does not exist. They are not here to find the truth, they are here 12 to put forward what they want. 13 Paul Feldscher a year all. 14 MS. ILLUZZI: She could have talked to Wow, that is an allegation Judge 15 that I got to say I don't think I ever heard in 30 16 something years I've been a D.A. 17 MS. SAMSON: Can I make one comment regarding Ms. 18 Illuzzi's request. The statute is very clear the 19 statements of a witness needs to be disclosed except for 20 the defendant's statements. 21 We redacted the defendant's statements. 22 believe the statements of the witness Paul Feldscher are 23 unintelligible without defendant's statement. 24 25 I do not If the Judge determines otherwise and orders us to turn over the statements, we will have to do so. But the Page 1773 1 statute does not require us to turn over the defendant's 2 statements, it is very clear, it specifically excludes the 3 defendant's statements from discoverable material. 4 5 THE COURT: All right, can you step up and tell me who is being called tomorrow. 6 ( Conversation held off the record). 7 THE COURT: 8 ( Trial adjourned to January 28, 2020). 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 All right see you 9:30, thank you. Page 1839 SUPREME COURT NEW YORK COUNTY TRIAL TERM PART 99 ------------------------------------x THE PEOPLE OF THE STATE OF NEW YORK : INDICTMENT # : 2335-18 : 2673-19 : AGAINST : CHARGE : Pred Sex Asslt HARVEY WEINSTEIN : : : Defendant : -------------------------------------x Trial 100 Centre Street New York, New York 10013 January 29, 2020 B E F O R E: HONORABLE: JAMES BURKE, JUSTICE OF THE SUPREME COURT APPEARANCES: (Same as previously noted) ---------------------------------------------------------------------THE CLERK: Case on trial continued. THE COURT: Your appearances please. MS. ILLUZZI: MS. HAST: Joan Illuzzi. Meghan Hast. MR. AIDALA: Good morning, your Honor, Arthur Aidala. MS. ROTUNNO: Good morning, Donna Rotunno. Page 1840 1 2 MR. CHERONIS: Cheronis. 3 MS. SAMSON: 4 THE COURT: 5 MS. HAST: 6 Good morning, your Honor, Damon Diana Fabi Samson. Any matters preliminarily? Yes Judge. I'll hand up a copy to the Court as well. 7 I printed out a page front the Farmers Almanac 8 regarding sunrise and sunset in New York for Monday, July 9 10, 2006. 10 I gave a copy to defense and I'm going to ask you 11 take judicial notice of that, and we enter that page as 12 People's Exhibit 99. 13 THE COURT: Anything on that, that should not be 14 on that, Mr. Aidala? 15 MR. AIDALA: No, your Honor. 16 THE COURT: So, that is fine. 17 MR. AIDALA: If I understand, the first witness is 18 Dawn Dunning. 19 THE COURT: 20 MR. AIDALA: Okay. It is in the realm of possibility 21 during cross examination I would need to show her an 22 interview that she did on CNN with Don Lemon. 23 the prosecutor -- I spoke to 24 THE COURT: I cannot hear you. 25 MR. AIDALA: It is rare someone tells me that. I Page 1841 1 spoke to the prosecutor about the admissibility of that. 2 believe there is no objection. 3 MS. HAST: 4 MR. AIDALA: 5 MS. HAST: 6 9 No. To the authenticity of the document. Yes, correct. To be clear, not the relevance. 7 8 I MR. AIDALA: I do not plan to bring anyone from THE COURT: Give me a preview what you think the CNN. 10 questions will be and her answers will be that will trigger 11 this being relevant in your perception? 12 MR. AIDALA: 13 THE COURT: 14 MR. AIDALA: Can I approach? No. She gives a seven minute interview, 15 and if she contradicts anything that she says here in that 16 interview, I would bring it out as a prior inconsistent 17 statement. 18 19 20 THE COURT: Fine, like what, obviously you are anticipating something. MR. AIDALA: I mean, Judge, can I wait to hear her 21 direct examination, then if I can approach at that point 22 before my cross. 23 24 25 THE COURT: We will do it in a different way. What did she say on the interview? MR. AIDALA: My guess is she -- Page 1842 1 THE COURT: Let's say I say all right, in order 2 to consider this, I need to watch the interview, which I do 3 not want to do. 4 minute interview says. 5 MR. CHERONIS: 6 9 I have a draft if you want to see it. 7 8 Tell me in one minute what the seven THE COURT: Okay. Any other matters, either side? MS. ROTUNNO: With regard to Ms. Wulff who I 10 believe is going to be one of the Government's other 11 witnesses today. 12 We received a letter in August from the Government 13 stating that they, upon further conversation with Ms. 14 Wulff, learned that what she originally said happened in 15 2004 actually happened in 2005. 16 We have no documentation stating when they 17 actually learned that information. 18 written on that interview or that conversation. 19 just asking for that information to be given. 20 THE COURT: 21 MS. ILLUZZI: There was no paper So I'm Okay People, anything? Give us a second. In going back 22 through what was going on at work and in her life, she 23 thought about it and realized it happened in 2005, not 24 2004, so it is really just that simple. 25 THE COURT: I think the question is more. Page 1843 1 MS. ILLUZZI: 2 THE COURT: 3 MS. ILLUZZI: Whatever we wrote down we gave them. 4 MS. ROTUNNO: I have no date and time she made 5 Did we write that down? And where it is. that change. 6 Here is the issue with that, Judge. The issue is 7 she claims it happened on Crosby Street, then they learned 8 Mr. Weinstein did not own on Crosby Street in 2004. 9 All of a sudden it became 2005. When they made an 10 application to this Court at the Molineux hearing, they 11 told your Honor 2004, then we received a letter eight 12 months later after the Molineaux hearing saying no, we now 13 realize it was 2005. 14 that. 15 MS. ILLUZZI: I'm asking what day she realized So judge, if Ms. Rotunno is 16 suggesting that we in some way altered the witness's 17 recollection in order for it to comport with other evidence 18 that we had, she should make that complaint against us at 19 the Appellate Division, because that is just not the case. 20 I do not how to answer that. 21 THE COURT: 22 MS. ROTUNNO: 23 THE COURT: 24 MS. ILLUZZI: 25 THE COURT: We didn't. She's not really saying that. I'm not -That may be a conclusion. It sounds like it. She's saying. So she telephoned Page 1844 1 you? 2 MS. ILLUZZI: We had a series of conversations 3 with her where she comes into the office and in talking to 4 her multiple times, at some point she realized based upon 5 what time she started working at Cipriani and based upon 6 who she was talking to in Cipriani, she realized it was 7 actually 2005, not 2004. 8 9 It is a humanbeing talking about things that happened 14 years ago. 10 MS. ROTUNNO: How is this not discoverable if she 11 had conversations with people about what she's going to 12 testify here? 13 14 I have no names, conversations, none of those dates. 15 I have two interviews they wrote down with her, 16 one on October 16, October 16th of 2017 and one on 17 September 21st of 2018. 18 19 If there were multiple conversations, I think that should be disclosed to us. 20 THE COURT: 21 MS. ILLUZZI: 22 THE COURT: 23 the jury. 24 arrives. 25 Otherwise I have nothing else. Anything on that? No. People, call your witness, we have We will get the jury when the last juror So as to the People's motion for discovery of the Page 1845 1 partially redacted Paul Feldscher text messages, their 2 request is denied unless the defense intends to use that 3 item as an exhibit. 4 And if they do intend to use it as an exhibit, 5 they are ordered to turn it over immediately or face 6 preclusion. 7 MS. ILLUZZI: 8 THE COURT: 9 Your Honor, I assume -Hold on, let me ask the question. Ms. Fabi Samson, are you going to use that as an exhibit? 10 MS. SAMSON: 11 decision about that. 12 discuss it we will make that decision and act accordingly. 13 THE COURT: 14 MS. ILLUZZI: Your Honor, I don't think we made a If you will allow us the time to You have until 9:30 tomorrow morning. Judge, should Mr. Feldscher be 15 called as a witness here -- 16 THE COURT: 17 MS. ILLUZZI: Yes. It seems completely fair that the 18 People would be able to ask him about those text messages 19 and ask him well, what did the defendant say to you that 20 then you responded the word Annabella. 21 And what did the defendant say to you that you 22 then responded here is how I know she's not telling you the 23 truth, and all of the other stuff, right. 24 25 So I don't know the witness could be allowed not to answer those questions irrespective of whether or not Page 1846 1 they are the defendant's words, right? 2 So eventually we are going to have to ask that 3 witness to bring his phone and to bring the unredacted text 4 because we are going to be asking him those questions. 5 THE COURT: That may be the case, but that is not 6 the application immediately. 7 also. So address that tomorrow 9:30 Jury is entering. 8 COURT OFFICER: 9 ( Jury enters courtroom). 10 THE CLERK: 11 are present. 12 properly seated? Jury entering. Case on trial continued. All parties Both sides stipulate the jury is present and 13 MS. ILLUZZI: 14 MR. AIDALA: So stipulated. 15 THE COURT: Welcome back jurors, thank you for 16 17 18 19 your promptness. Yes. Call your next witness. MS. HAST: Before I call the next witness, I do have two exhibits I would like to admit. The first one is marked People's 99. I request 20 the Court take judicial notice of it; the Farmers Almanac 21 for the sunrise and sunset for New York, New York on Monday 22 July 10, 2006. 23 THE COURT: Any objection? 24 MR. AIDALA: No, your Honor. 25 THE COURT: People's 99 is received into evidence Page 1847 1 by judicial notice. 2 3 MS. HAST: jury. 4 THE COURT: 5 MS. HAST: 6 7 I would like to public that for the Go ahead. That has the sunrise 5:34 a.m and the sunset at 8:28 p.m. Then I have an additional stipulation. This is 8 People's Exhibit One hundred for identification. 9 is signed by all the parties dated January 28, 2020. 10 Again, it would like to admit that into evidence. 11 THE COURT: Okay, so stipulated? 12 MR. AIDALA: Yes. 13 THE COURT: Okay, People's One Hundred is 14 15 I received into evidence by stipulation. MS. HAST: The stipulation reads as follows: The 16 following is hereby agreed and stipulated by and between 17 the People of the State of New York represented by ADA Joan 18 Illuzzi, and defendant Harvey Weinstein, represented by 19 defense counsel Arthur Aidala and Donna Rotunno. 20 21 22 Defendant Weinstein's office phone number with the Weinstein Company was 212-941-3818. Defendant's personal cellular phone number was the 23 number redacted, it just has the 917, that is the same 24 number referenced in People's 64 and People's 78. 25 Defendant Weinstein controlled the following two Page 1848 1 work e-mails with the Weinstein Company: 2 Weinstein Co dot com, and HW 375 at Weinstein Co dot com. 3 HW dot office at Defendant Weinstein's personal e-mail address 4 which is HW Westport at Gmail dot com. Defendant 5 Weinstein's New York office with the Weinstein Company was 6 located at 375 Greenwich Street, third floor, New York, New 7 York. 8 the Weinstein Company was located at 91 hundred Wilshire 9 Boulevard, Beverly Hills, California. And defendant Weinstein's Los Angeles address with 10 The People will call Dawn Dunning. 11 ( Witness enters courtroom and is sworn). 12 COURT OFFICER: 13 14 full name, spelling your last name. A 15 16 17 In a loud clear voice, give your Dawn Dunning, D. U. N. N. I. N. G. COURT OFFICER: A County of residence? New York, Kings. THE COURT: Good morning. Please listen 18 carefully to the questions from the ADA and answer her 19 questions to the best of your ability. 20 Please answer them loudly, clearly, and slowly. 21 Please give full and complete responses to all her 22 questions, but try not to volunteer any information beyond 23 her specific questioned area. 24 25 On cross examination it is very likely Mr. Aidala will ask you questions also. Should he choose to do so, Page 1849 1 please give to him the same courtesy you're about to give 2 to the District Attorney. 3 If you are comfortable responding to either 4 attorney's questions directly to the jury, you may do 5 that. 6 questions at any given time. Otherwise, just respond to whomever is asking you 7 If you are asked to read or view any exhibit or 8 any items already in evidence, you may do that upon request 9 from either attorney without further permission from the 10 11 court, understood? A Yes. 12 THE COURT: 13 Try to keep your voice up and speak directly into the microphone, please inquire. 14 MS. HAST: 15 DIRECT EXAMINATION 16 BY MS. HAST: Thank you. 17 Q Good morning. 18 A Good morning. 19 Q I'm going to ask you also because the acoustics in here 20 are terrible, talk into the mic and keep your voice up so 21 everybody can hear you. 22 A Okay. 23 Q Where are you currently living? 24 A I go back and forth between California and New York. 25 Q Are you working? Page 1850 1 A Yes. 2 Q What do you do? 3 A Um, I do creative services for brands. I do a lot of 4 costume design and production design, creative direction. 5 work mostly directly with brands or agencies. 6 Q Where were you born and raised? 7 A Parmer, Ohio. 8 Q Who did you live with growing up? 9 A My mom, dad, and younger brother. 10 Q How far did you get in school? 11 A I went to college. 12 Q Where did you attend college? 13 A I went to NYU and Parsons School of Design. 14 Q What did you study there? 15 A NYU I went to for dance, then Parsons I went for 16 fashion. 17 acting program after that. Then I did attend the Lee Strasberg, did a two year 18 Q What were your hobbies and interests growing up? 19 A I was a dancer from the time I was three. 20 I So I did mostly ballet, and that was a huge part of my life. 21 I was also really into skateboarding and a little bit 22 of sports. 23 Q Did there come a time that you moved to New York City? 24 A Yeah, I graduated high school early when I was 16, and 25 I went to NYU for a dance program. Page 1851 1 Q How long did you end up staying in New York City? 2 A 25 years. 3 Q What are some of the things you did professionally 4 5 6 during your time there? A of musical theater. 7 8 Well, I was a dancer growing up, but I also did a lot I was always acting, and you know, performing wherever I could. 9 I did a lot of community theater in Ohio. When I moved to New York, I went to NYU for dance and 10 it was really hard, and I decided I wanted to focus more on 11 acting, and my parents were no, you have to get a real degree in 12 something. 13 and acting the whole time. I went to school for fashion, but I was auditioning 14 Q Did you have a happy childhood growing up? 15 A Yeah, I actually I had a great childhood. 16 Q How old are you now? 17 A 40. 18 Q Did there come a time that you met somebody named 19 20 21 Harvey Weinstein? A Yes, I was working, waitressing in a nightclub and that is where I met him. 22 Q Approximately when was that? 23 A I believe it was 2004. 24 Q Do you see Harvey Weinstein in the courtroom here 25 today? Page 1852 1 A Yes, I do. 2 Q Can you point to him and identify an article of 3 4 clothing he's wearing. A He's right here. 5 6 MR. AIDALA: A Identifying the defendant. A blue shirt. 7 THE COURT: Very well. 8 Q Did you know anything about him prior to meeting him? 9 A I was very familiar with his work, and I was a big fan 10 11 12 of his films. Q So yes, I was familiar with him. I'm going to show you what has previously been marked as People's 10 for identification. 13 ( Handed to witness). 14 Q Do you recognize People's 10 for identification? 15 A Yes. 16 Q What do you recognize that to be? 17 A It was my acting head shot. 18 Q Does that photograph of you fairly and accurately 19 20 21 22 depict what you looked like in 2004? A Yes. MS. HAST: I would like to move into evidence People's Exhibit 10. 23 THE COURT: Any objection? 24 MR. AIDALA: Objection as to relevance and 25 bolstering. Page 1853 1 THE COURT: 10 is received into evidence. 2 MS. HAST: I'll publish that for the jury. 3 Q How tall are you? 4 A Five nine and a half. 5 Q How much approximately did you weigh back in 2004? 6 A Maybe 115, 120. 7 Q I'm going to show you what has already been marked in 8 evidence as People's Exhibit 82. 9 depicted in People's 82? Do you recognize the person 10 A Yes. 11 Q Who is that? 12 A Harvey Weinstein. 13 Q Does that fairly and accurately depict what Harvey 14 Weinstein looked like when you met him in 2004? 15 A Yes. 16 Q Now, you had said you met the defendant at a place you 17 were working? 18 A Yes. 19 Q What was that place called? 20 A PM, it was a club in the meat packing district, and 21 22 there was a new thing at the time called bottle service. So, you could make a lot of money working a couple of 23 nights a week serving very wealthy people or celebrities that 24 would go to the places. 25 bottles of alcohol. They would buy a table and whole Page 1854 1 Q What was your job there? 2 A I was a waitress, I would bring them their drinks and 3 4 5 sell them their bottles. Q I'm going to show you what I marked as People's Exhibit 11 and 94 for identification. 6 ( Handed to witness). 7 Q Do you recognize People's Exhibit 11 and 94? 8 A Yes. 9 Q What are they? 10 A It is pictures of PM. 11 Q Do those pictures fairly and accurately depict what PM 12 13 looked like back when you were working there in 2004? A Yes, they do. 14 MS. HAST: I would like to move into evidence 15 People's 11 and 94. 16 THE COURT: Any objection? 17 MR. AIDALA: I would like to voir dire, your 19 THE COURT: Go ahead. 20 MR. AIDALA: Good morning. 18 Honor. 21 22 these photographs? A No. 23 MR. AIDALA: 24 25 Do you know who took were taken? A No. Do you know when those photographs Page 1855 1 MR. AIDALA: 2 3 this location? A Maybe 2005. 4 5 A MR. AIDALA: 15 years ago? MR. AIDALA: Is this location still in existence? Yes. 6 7 When was the last time you were at A I don't think so. 8 MR. AIDALA: 9 And how long had you worked there for? 10 THE COURT: 11 MR. AIDALA: 12 Voir dire for the photographs. Well, your Honor, I'm asking her about her memory of 15 years ago. 13 THE COURT: 14 Next question. You can ask her about that on cross. 15 MR. AIDALA: Is the colors depicted in here, you 16 can see the pictures again. 17 and chairs the same colors that existed 15 years ago? 18 19 A MR. AIDALA: A 22 23 24 25 Let me see, I don't think those green chairs were there. 20 21 Is everything here, the tables Uh huh. THE COURT: A Do you see the big plants on the bar? If you can say yes or no. Oh yes, I see the plants. MR. AIDALA: years ago? Are those the same plants there 15 Page 1856 1 A I'm not sure. 2 MR. AIDALA: Thank you, I am going to object. 3 THE COURT: 11 and 94 are received into evidence, 4 5 6 7 8 next question. Q I'm going to publish People's Exhibit 11. Please describe what the jury is seeing in that photograph? A That is like the main floor. It was -- there was also an upper level, so this, it overlooked this main floor. 9 Q People's Exhibit 94, describe the view there. 10 A It is the same main floor. 11 12 13 14 Each side was lined with booths and there were tables in the middle. Q Can you describe for the jury the interaction you had with Harvey Weinstein while you were working at PM? A Well, I actually really hated working there, so I would 15 kind of hide in this back corner from my tables, and he happened 16 to have his booth was the back corner booth, and we started 17 talking. 18 I did not know what he was or who he was. I was 19 familiar with Harvey Weinstein but I didn't know what he looked 20 like, and so we started talking, and then one of the owners came 21 over and said you know, that is Harvey Weinstein, be nice to him 22 basically. 23 Q I'm going to put up People's Exhibit 11 again. Does 24 using that exhibit, can you describe where that area is that you 25 were describing? Page 1857 1 A It is actually not in the photo. So it was on the 2 other side, there was more booths. 3 might be different, I'm trying to think in terms of the layout. 4 This might have been like a remodel from when I worked 5 6 7 Actually this white part there, but his booth was not in the photo. Q Is it sort of just off the photo to the right or to the bottom? 8 A On the, it was on the right back side. 9 Q So, just off the right back corner of this photo? 10 A Yes. 11 Q Did you begin seeing the defendant more often after 12 13 that first conversation? A Yeah, I told him I was an actress and he said he could 14 help me, and I gave him my number. And I didn't expect to hear 15 from him because he's Harvey Weinstein. 16 from his assistant pretty shortly after that. And then I got a call 17 Q What was the substance of that call? 18 A I believe the first time I met him we had a lunch 19 meeting. 20 Q 21 meeting? 22 A Can you describe what you remember about that lunch We met at, I forget the name, but Robert De Niro's 23 restaurant in Tribecca that was close to his office. 24 people were there. 25 A lot of His assistant at the time was there. I remember him on the phone a lot yelling at people and Page 1858 1 we talked about some project he was working on, and he said he 2 had some project that would be great for me and he would get me 3 a screen test at Miramax. 4 5 Q You said you met at a restaurant near his office, whose office are you referring to? 6 A Harvey's office. 7 Q Did he mention any specifics in that meeting about what 8 9 he thought you would be good for? A I remember one of the films he specifically talked 10 about was call Derailed, and then he talked about the screen 11 test quite a bit. 12 Q Did you know what a screen test was at that time? 13 A Yes. 14 Q Describe for the jury what that is? 15 A It is just reading on film in front of a camera so they 16 can see how you read for movies. 17 Q Had you done screen tests before that? 18 A Similar things to screen tests, but not a screen test 19 specifically. 20 21 22 23 I did like taped auditions and stuff like that. Q Did you have additional meetings or interactions with the defendant after that luncheon? A 24 months. 25 Miramax. Yes, we had several meetings over the course of several And then I did also have an actual screen test at Page 1859 1 Q Was defendant there for the screen test? 2 A He was not there. 3 was Katie. 4 in the room at the time. It was a woman, I believe her name She was the one who did the screen test, he was not 5 Q Do you recall where you went to do that? 6 A To Miramax, to the office in Tribecca. 7 Q Did Harvey Weinstein invite you to any premiers or 8 9 social events? A He did. He brought my fiance at the time and I to 10 Whoopi Goldberg's birthday party. 11 a Broadway show he produced, it was The Producers. 12 really nice seats for that. 13 He got us tickets to, it was He brought us to a different movie premier, but I do 14 not remember which one it was. 15 times that my fiance met with him as well. 16 17 18 He got us Q But there was I believe three And during these initial meetings that you described, did the defendant act inappropriate towards you in any way? A I mean he would make comments about my looks or my 19 body, but it was not anything, you know, it was not any worse 20 than anything I dealt with working in nightclubs or anywhere 21 else. 22 Q 23 I never felt it was unsafe for me. Did you have any interest in Harvey Weinstein romantically? 24 A No. 25 Q Did you have any interest in Harvey Weinstein sexually? Page 1860 1 A No. 2 Q Did you act interested in him sexually or romantically 3 4 in any way? A No. 5 MR. AIDALA: Objection. 6 THE COURT: Overruled. 7 8 Q You had said that your fiance went with you to a couple of events at that time, what was his name? 9 A Lincoln Davies. 10 Q What was your living situation like during that time in 11 2004? 12 A 13 Lincoln. 14 Q 15 16 17 I was living in an apartment in Alphabet City with Do you recall what timeframe in 2004 it was when you were having these meetings with Harvey Weinstein? A I believe it was cold outside, so like early spring maybe. 18 Q Did you end up marrying Lincoln Davies? 19 A No I did not. 20 Q When did your relationship with Lincoln Davies end? 21 A We were together from when I was 21 to 31, so I do not 22 23 24 25 remember the year exactly, but -Q When was the last time you saw Lincoln Davies prior to today? A Um, maybe 10 years ago, maybe seven years ago. Page 1861 1 Q Directing your attention to the early spring of 2004, 2 did there come a time the defendant asked you to meet him at a 3 set in Soho? 4 A Yes, he was working on a project that they were filming 5 outside, and they had set up a room in a hotel as a production 6 office, and he, you know, his assistant called me and invited me 7 to come by and meet some people. 8 Q Did you agree to come by and meet some people? 9 A Yes. 10 Q Do you recall where you went? 11 A I know, I remember it being a boutique hotel in Soho. 12 I do not remember which one it was, but I remember it being one 13 of the first like newer kinds of cool boutique hotels that 14 opened in the area. 15 Q Describe what happened when you arrived at the hotel? 16 A Um, it was, the hotel was set up like a suite. So one 17 side of the room was an office, there were people there, and the 18 other, there were doors and there was a bedroom in the room as 19 well. 20 Q 21 22 23 24 25 When you arrived at the hotel, describe where you went and how you got there? A His assistant met me and led me to the room. I met some people that he was working with. Q If you can describe when you first enter the room, describe what you saw, what did it look like? Page 1862 1 A There were people in there working, there were radios, 2 I remember, someone, you know, people on computers, like a 3 laptop. 4 5 Q A It was like a suite, where one room was like a living area, the other room was a bedroom. 8 9 What about the room itself, what type of room was it that you first entered into? 6 7 It seemed very busy and like kind of chaotic. Q Describe what happened when you got into that suite area of the room? 10 A I was talking with Harvey, and he kind of led me into 11 the other room, and I sat next to him on the bed, and I was 12 wearing a skirt that day and he put his hand up my skirt. 13 14 Q living space area? 15 16 And what made you go into the separate room from the A I just didn't really think about it, we were talking and just kind of ended up there. 17 I mean there were people in the other room, so I did 18 not think, I don't know, I just didn't really think anything of 19 it. 20 Q What were you talking about? 21 A I don't remember. 22 Q Do you remember the substance of what you were 23 discussing? 24 A What do you mean? 25 Q Do you remember the topic of conversation, the general Page 1863 1 topic of conversation? 2 A No. 3 Q Was the discussion sexual in any way? 4 A No. 5 Q Just describe when you got into the bedroom, how you 6 7 8 9 10 11 12 came to be sitting on the bed? A He sat down first, and I sat down next to him. The door was, we were facing the door. Q Do you recall if the door was open or closed at the point you sat down on the bed? A It was closed, but I do not think it was all the way closed. 13 Q Do you recall how the door came to be that way? 14 A I didn't notice. 15 Q Did the topic of conversation change in any way when 16 you went into the room and sat next to him on the bed? 17 MR. AIDALA: 18 does not recall the substance of the conversation. 19 20 21 THE COURT: Q Sustained. Did you have any discussions that were sexual in nature when you got into the bedroom? 22 MR. AIDALA: 23 Objection, your Honor, she said she does not recall the substance of the conversation. 24 25 Objection, your Honor, she said she THE COURT: Q Sustained and asked and answered. Did the tone of the conversation change in any way from Page 1864 1 the conversation from what you were discussing out in the suite 2 to when you got into the bedroom? 3 MR. AIDALA: Same objection. 4 THE COURT: Overruled. 5 A 6 7 8 9 10 I can answer? THE COURT: A Yes. No, there was no like red flags or alerts or anything that would make me expect this to happen. Q If you could again, describe exactly what happened as you were sitting next to him on the bed? 11 A He put his hand up my skirt. 12 Q Then what happened? 13 A I was, I mean it was like a few seconds, but I just 14 kind of froze for a minute, and then stood up. 15 He, you know, told me not to make a bill deal about it, 16 he apologized that it would not happen again. 17 back out into the other room. 18 19 Q Then we walked I know this is difficult, but when he put his hand up your skirt, did his hand or fingers touch any part of your body? 20 MR. AIDALA: Objection to leading. 21 THE COURT: Sustained. 22 23 24 25 Q When his hand, when he put his hand up your skirt, what if anything did he do? A His hand went under my underwear, he was trying to put it in -- trying to put it in my -- Page 1865 1 MR. AIDALA: 2 to do. 3 Objection to as to what he was trying She does not know his state of mind. THE COURT: Overruled, continue? 4 A He was trying to put it in my vagina. 5 Q Again, what did you do at that point? 6 A I stood up, I was like, I was like shocked. 7 not expecting that to happen. 8 9 10 I just was He just started talking really fast, he was like it is not a big deal, don't make a big deal about this. He said it would not happen again. 11 Q Did his finger actually go into your vagina? 12 MR. AIDALA: 13 THE COURT: Objection, leading, your Honor. Overruled. 14 A It like slightly, not all the way. 15 Q Did you say anything when you jumped up? 16 A I don't remember saying anything specifically. 17 Q Can you describe his demeanor at the point you jumped A He was talking a lot very fast, you know. 18 19 up? I don't know 20 if he did not expect what my reaction was going to be. 21 just like continuously talking like it's not a big deal, don't 22 make a big deal about this, it's not going to happen again; you 23 know, that kind of thing. 24 25 Q He was Did he ask you to engage in anything sexual prior to him putting his hand up your skirt? Page 1866 1 A No. 2 MR. AIDALA: 3 THE COURT: Objection, your Honor. Overruled. 4 A No. 5 Q Did you have any physical contact with the defendant 6 7 8 9 10 prior to him putting his hand up your skirt? A Maybe like a hug or, you know, like in a greeting type of way, like nothing like that, nothing sexual. Q Did you indicate in any way that you were interested in a sexual interaction with the defendant at that point? 11 MR. AIDALA: 12 THE COURT: Objection, your Honor. Overruled. 13 A No. 14 Q What did you do after you jumped up and you had the 15 16 conversation you described, what happened next? A We went into the other room, I was just trying to like 17 rationalize it in my head, you know. Just you know, kind of 18 gave him the benefit of the doubt that it wouldn't happen again. 19 I did not yell at him, I didn't scream or anything, I just went 20 back into the other room. 21 Q How long did you stay in that other room? 22 A Pretty, I left very shortly after that. 23 Q Did you tell anyone what had happened? 24 A No. 25 Q Why not? Page 1867 1 2 3 4 5 6 A Um, I was embarrassed, I wanted to pretend like it didn't happen. Q I just I didn't want to be a victim. And up until that point, how did you view your relationship with Harvey Weinstein? A I was trying to get work from him, so it was like a work relationship. 7 I mean everyone I knew, you know, knew that I was going 8 to meetings with him, that I had done the screen test. 9 really big deal for me. It was a 10 Q Did you see the defendant again? 11 A Yes. 12 Q Approximately when in relation to when you saw him at 13 that hotel? 14 A It may have been a few weeks or months. 15 Q How did that meeting come about? 16 A His assistant said that he wanted to meet with me 17 regarding these three, some films that we had been talking 18 about, some contracts; and she said he was ready to sign them, 19 and that I could, she asked me to come to a hotel to meet him, 20 the Intercontinental, it was because he was a big smoker at the 21 time and they had a cigar bar there where you can smoke inside. 22 She said he wanted to have the meeting there. 23 Q Do you recall the name of the assistant? 24 A Bonnie. 25 Q Was that the same assistant you described being at the Page 1868 1 2 3 4 5 initial meeting with you? A Yeah, she was the only assistant that I really interacted with. Q So, was that the same assistant that met you at the hotel as well? 6 A Yes. 7 Q What was your relationship like with the assistant 8 9 Bonnie? A I mean I thought she was cool. We had a lot of things 10 in common. 11 into fashion. 12 We weren't friends by any means, but like we had a rapport. 13 14 Q She had, you know, a great fashion sense and she was I had gone to school for that so we got along. Did you agree to meet the defendant at the hotel with the cigar bar? 15 A Yes. 16 Q Do you recall what hotel that was or where it was 17 located? 18 A 19 It was the Intercontinental near Park Avenue and it was a dinner meeting. 20 Q Why did you agree to meet the defendant at that hotel? 21 A Um, like I said, she said he wanted, it was a 22 restaurant, it was not even the hotel, it was the hotel 23 restaurant, and she said he had, they had a cigar bar and he 24 could smoke in there, that is why he wanted to meet at that 25 restaurant specifically. Page 1869 1 2 Q Was one of the scripts or movies you were discussing The Derailed you had talk about earlier in your testimony? 3 A Yes. 4 Q Did you go to that hotel for the meeting? 5 A Yes. 6 Q Do you recall around what time it was? 7 A It was evening, but it was not that late. 8 Q Describe -- 9 A Dinner time. 10 Q Describe what happened when you first arrived at the 11 12 hotel? A I got to the hotel, and his assistant was there 13 waiting, and he was not down there, she was by herself. And she 14 said he had gotten a suite upstairs because he had, I don't 15 remember if it was a conference call or some business that he 16 had to attend to, so he took a room. 17 Q And what happened once you got there? 18 A So, she said lets just go up to the room instead of 19 waiting for him. 20 Q Did you go up to the room? 21 A Yes. 22 Q Did you go up to the room alone or with anyone? 23 A She brought me up there. 24 Q That was, the she is Bonnie? 25 A Yes. Page 1870 1 Q What happened when you got up to the room with Bonnie? 2 A He opened the door and he, he was wearing an open white 3 hotel bathrobe, and it was, when you walk in, there was a coffee 4 table and a couch, a couple of chairs, then on the other side 5 was the bedroom. 6 Q I'm going to stop you there. When you said he had on 7 an open robe, did you see what if anything was underneath the 8 robe? 9 A I mean I saw his stomach. 10 Q Did he have on any clothes underneath the robe? 11 A No, not that I -- I'm pretty sure he did not, I did not 12 see any clothes, I saw his skin. 13 Q What if anything did he say at that point? 14 A He opened the door, I walked in, and on the coffee 15 table I noticed three stacks of paper. 16 And for some reason the tone, I don't know, something 17 just seemed like different from when I had spent time with him 18 in the past. 19 like there was just a different tone. 20 21 Like he was more serious and not, I don't know, I was kind of casual, hey, how is it going, he was not really that talkative at first. 22 Q What happens next? 23 A So, he kind of just cut to the chase and said here's 24 contracts for my next three films. I'll sign them today if you 25 have a threesome with me and my assistant. Page 1871 1 Q Where is the defendant at that point? 2 A He was to my right. 3 Q And you had described sort of like a coffee table, 4 5 6 where was he in relation to that? A He was on my right, the coffee table was in front of me and the door was behind me. 7 Q Where was Bonnie at that point? 8 A She was off to the left, she may have been behind me. 9 Q What happened next? 10 A I mean, when he said that, I laughed, I thought he was 11 kidding, and he had kind of a crass sense of humor. 12 But when I started laughing, he got really angry and 13 started screaming at me. He said you'll never make it in this 14 business, this is how this industry works, this is how, and he 15 named three actresses, got to where they are. 16 Q Do you recall the actresses he named? 17 A It was Charlize Theron, Salma Hayek, and I believe Uma 18 Thurman. 19 I was scared and I didn't know what he was going to do. 20 I just like ran, turned and ran for the door, and literally ran 21 down the hall to the elevator. 22 Q 23 yelling? 24 A 25 I remember the first two for sure. And at that point So like How close were you to him at the point that he started I mean I was close enough that he could have like grabbed me, you know. He could have like lunged for me. I Page 1872 1 2 3 4 5 6 7 8 9 don't know, it was like maybe a few feet. Q How loud, can you describe how loud he was at that point? A He was screaming and he was like a big guy, he was like towering over me and I was like really scared. Q Did you take notice of what Bonnie was doing or how she reacted at that point? A I just remember at one point I did look at her and she was like blank, like just a blank expression. 10 Q What is the next thing that happens? 11 A I ran out on to Park Avenue and like got in the first 12 13 14 15 cab I saw and went home. Q Just from, if you could take us from when you run out the door of the hotel room, to what you do? A I ran down the hall to the elevator. It was like a 16 long hallway, and I believe there was like, I turned a left 17 corner and the elevator was there. 18 Q Did the defendant follow you? 19 A No. 20 Q And after you took the cab home, what is the next thing 21 22 that you did? A I told Lincoln what had happened, and then like you 23 know, slowly over the next like couple of months I had to tell 24 like everyone I knew because everytime I saw someone it was like 25 oh, what's going on. Page 1873 1 MR. AIDALA: Objection. 2 THE COURT: Sustained. 3 Q Did you call the police? 4 A No. 5 Q Why not? 6 A I mean I didn't know what he did was illegal or a 7 crime. 8 Q Were you ever contacted by the defendant again? 9 A There was one more time shortly after, it might have 10 been like a couple of days or a day that Bonnie reached out to 11 me and said that he was on a plane and could she patch me 12 through, and I hung up. 13 14 15 Q How, if at all, did that interaction affect your goal of becoming an actress? A I stopped acting after that. I mean I still did like 16 art projects with friends or like small little things, but I 17 stopped going on auditions, and like I stopped just really 18 pursuing it in the same way that I was. 19 Q Directing your attention to October of 2017. Without 20 giving us any of the details, did you read an article about the 21 defendant? 22 A I did. I read a small article when I was, it was when 23 I was traveling from New York to Austin for work, and I was on a 24 plane reading the newspaper. 25 Q How, if at all, did the article affect you? Page 1874 1 A I started crying on the plane because -- 2 MR. AIDALA: 3 4 Q 7 Without going into why, after having that reaction, what if anything did you do? 5 6 Objection, your Honor. A I e-mailed the woman Jodi Kantor who had wrote the article just like to thank her, because I thought I was the only -- 8 MR. AIDALA: Objection, your Honor. 9 THE COURT: Sustained. 10 Q By the way, do you know Miriam Haley? 11 A No. 12 Q Do you know Annabella Sciorra? 13 A No. 14 Q Do you know Jessica Mann? 15 A No. 16 Q Do you know Tarale Wulff? 17 MR. AIDALA: 18 THE COURT: Objection, your Honor, relevance. Overruled. 19 A No. 20 Q Do you know Lauren Young? 21 A No. 22 Q Have you ever met any of those women? 23 MR. AIDALA: 24 THE COURT: 25 A No. Objection. Overruled. Page 1875 1 2 3 Q Did there come a time that you decided to tell what happened to you publicly? A After I e-mailed Jodi to thank her. 4 MR. AIDALA: 5 THE COURT: 6 7 Q Objection, your Honor. Sustained. If you could just answer yes or no, did there come a time that you -- 8 A Yes. 9 Q Decided to tell what happened to you publicly? 10 A Yes. 11 Q Why? 12 A Well, I didn't want, at first I asked if I could be 13 anonymous, and they told me no. So I thought about it for a 14 couple of days and most people told me not to do it. 15 MR. AIDALA: Objection, your Honor. 16 THE COURT: Sustained. 17 Q Without telling us what other people told you, you said 18 you initially wanted to be anonymous, did you eventually decide 19 to -- 20 A Yes. 21 Q Come forward without being anonymous? 22 A Yes. 23 Q And just why? 24 A Because -- 25 MR. AIDALA: Objection, your Honor. Page 1876 1 2 3 4 THE COURT: Q Sustained. I'm sorry, one more person. Do you know somebody named Lauren Young? A No. 5 MR. AIDALA: Objection, asked and answered. 6 THE COURT: Overruled. 7 Q Had you met Lauren Young before? 8 A No. 9 Q Did you eventually meet with the District Attorney's 10 Office? 11 A Yes. 12 Q How did that come about? 13 A They e-mailed me and asked me if they could ask me some 14 questions. 15 Q Are you getting anything from this? 16 A No, if anything, I'm losing, I'm, you know, spending 17 money, spending time away from my kids. 18 MR. AIDALA: 19 THE COURT: 20 21 A and hardest thing, I would not wish this upon anyone. MR. AIDALA: 23 THE COURT: 25 Overruled. This is like hardest thing I've ever done, the worst 22 24 Objection, your Honor. Q Objection, your Honor. Overruled. When you first sat down with the people of the District Attorney's Office, did you talk about the incident you described Page 1877 1 in the Soho hotel? 2 A No. 3 Q Had you talked about that publicly? 4 A No, I had never told anyone. 5 Q Did you eventually tell people at the District 6 Attorney's Office? 7 A Yes. 8 Q Can you just describe why? 9 MR. AIDALA: 10 11 THE COURT: A Objection, your Honor. Overruled. Because I thought that I should tell them everything 12 because it was the truth, and I just had not told anyone in my 13 own life because it was something I just wanted to forget and 14 move on from. 15 Q Did you ever see the defendant again? 16 A No. 17 Q Did you ever speak to the defendant again? 18 A No. 19 Q Did you ever see Bonnie again? 20 A No. 21 Q Did you ever speak to Bonnie again other than the call 22 you described when she called you a few days later? 23 A No. 24 Q Can you just describe for the jury why you didn't talk 25 about that first incident at the same time you talked about the Page 1878 1 second one? 2 MR. AIDALA: Objection, asked and answered. 3 THE COURT: Sustained? THE COURT: Hold on, next question. 4 A 5 6 7 Q Um -- You had stated that when you came to the hotel room door, you saw the defendant's stomach? 8 A Uh huh. 9 Q Can you just describe any part of his body that you 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 recall having seen? A Um, it was like he had, he was very overweight, and he had a large stomach that was hanging down. ( Continued on next page). Page 1879 1 (Continued from the previous page.) 2 (Time noted 10:37 a.m.) 3 MS. HAST: 4 THE COURT: 5 MR. AIDALA: 6 CROSS-EXAMINATION 7 BY MR. AIDALA: No further questions. Any cross-examination? Yes, please, Your Honor. 8 Q Good morning, Ms. Dunning. 9 A Good morning. 10 Q My name is Arthur Aidala and I am a lawyer for Mr. 11 Weinstein. It's nice to meet you. 12 A Nice to meet you too. 13 Q We have never met each other before, correct? 14 A Correct. 15 Q This is the first time, except for the couple of 16 questions I asked you earlier, this is the first time we have 17 ever spoken, correct? 18 A Yes. 19 Q That's not the situation with you and the Assistant 20 District Attorney you just spoke with, correct? 21 A Yes. 22 Q You have spoken to her before, correct? 23 A Yes. 24 Q You actually spoke to her this morning? 25 her this morning? Did you see Page 1880 1 A Briefly, yes. 2 Q Before you saw her briefly this morning, when was the 3 last time you saw anyone from the District Attorney's Office 4 before today? 5 A A couple of months ago, before the holidays. 6 Q And so, I am just going to ask you some questions. If 7 there is anything I ask you that you don't understand, just say 8 I don't understand. 9 you questions. 10 I will try to do a better job of asking I am going to ask you a lot of yes and no questions, 11 okay? 12 A Okay. 13 Q If I ask you a question that you can't answer yes or 14 no, say, you know what, I can't answer that question yes or no, 15 okay? 16 A Yup. 17 Q I am going to ask you a non yes or no question to 18 start off with. 19 Can you tell the Ladies and Gentlemen what does the 20 woman, Bonnie, who you spoke about as being cool, what does 21 she -- what did she look like 16 years ago? 22 23 A She was Chinese. She had long bangs, long dark hair. She dressed very fashionably. 24 Q How tall and how would you describe her size? 25 A She was shorter than I am. She was thin. Page 1881 1 Q And, approximately, how old was she? 2 A I believe she was about my age, so like early to 3 4 5 mid-20s. Q And she was the assistant that you, I believe you, just testified you interacted with the most, correct? 6 A Yeah, the only one I interacted with. 7 Q You mentioned someone named Kate earlier, right? 8 A She wasn't an assistant that I know of. 9 10 She just did the screen test. Q So let's just talk about what happened in the 11 InterContinental Hotel that you just spoke about maybe three 12 minutes ago, okay? 13 A Okay. 14 Q And you met Bonnie downstairs, correct? 15 A Yes. 16 Q And you always felt safe around Bonnie, correct? 17 A Yeah. 18 Q And you didn't have any problem going upstairs to the 19 room with Bonnie to meet Harvey Weinstein, correct, at that 20 point? 21 A Correct. 22 Q And just so we are clear, that's about a few weeks 23 after the earlier incident had taken place, correct? 24 A Yeah. 25 Q And you went up to the room and when Mr. Weinstein Page 1882 1 opened the door, you were -- excuse me, he was wearing a 2 bathrobe, correct? 3 A Yeah. 4 Q You testified that when you saw him at the first hotel 5 that there may have been a hug when you guys greeted each other 6 or do you remember saying that at the first hotel? 7 A No, I wasn't saying that, specifically, about the 8 hotel. 9 up until that point. 10 11 12 I was saying that was the physical contact we had had It was like a hug or a hello, goodbye type of thing. Q When you saw him at the first hotel, the Soho Hotel, was there that type of greeting? 13 A I believe so. 14 Q Now, when you saw him at the second hotel, the 15 InterContinental Hotel, was there also that type of a greeting? 16 A No. 17 Q And when you got inside of that hotel room he sat next 18 to you, correct? 19 A In the -- in which one? 20 Q In the second one. 21 A No. 22 Q In the InterContinental when Bonnie took you upstairs. 23 A There was no sitting. 24 Q No? 25 A There was -- Page 1883 1 Q You just stood? 2 A Yes. 3 Q And I believe you testified he was a few feet away 4 from you, correct? 5 A Yes, he was on my right. 6 Q And he propositioned you, correct? 7 A Yes. 8 Q And you laughed, right? 9 A Yes. 10 Q And you thought he was kidding, correct? 11 A I did. 12 Q And then you left? 13 And I just -- 14 MS. HAST: Objection. 15 Q I need you to say yes or no. 16 A Yes. 17 THE COURT: 18 MS. HAST: 19 THE COURT: Sustained. Objection, Judge, that's not -Sustained. 20 Q You eventually left that room, correct? 21 A Yes. 22 Q It was very shortly after that proposition, correct? 23 A Yes, correct. 24 Q And no one tried to stop you, correct? 25 A Um, no. Page 1884 1 Q Physically? 2 A No, not physically, no. 3 Q So Mr. Weinstein never put a hand on you, correct? 4 A Correct. 5 Q And Bonnie never put a hand on you, correct? 6 A Correct. 7 Q Mr. Weinstein never stood up and blocked the door, did 8 9 10 11 12 13 he, physically with his body and prevent you from leaving? A No, because he was on the side of me and I was closer to the door. Q So he -- it would have been hard. And during that proposition that you laughed about, Bonnie was in the room with you, correct? A Uh-hum. 14 THE COURT: 15 THE WITNESS: 16 17 Q If you can just say yes or no. Yes, yes. I am sorry. And the door wasn't being locked when you went to leave, correct? 18 A No. 19 Q You were able to walk right out? 20 A Yes. 21 Q And Bonnie never chased after you, did she? 22 A No. 23 Q Mr. Weinstein never chased after you, correct? 24 A Not that I know of but I did not look behind me, so. 25 Q You never heard anyone in the hallway? Page 1885 1 A I heard him screening still as I was leaving. 2 Q So he is in his bathrobe in the hallway screening at A I am not saying he was in the hallway. 3 4 you? 5 heard him screaming as I was leaving. 6 was because I didn't look behind me. 7 Q I am saying I I don't know where he When you went in the elevator and got downstairs, 8 nobody stopped you from security or anything like that, 9 correct? 10 A No, no. 11 Q So you were able when you decided for you to leave, 12 you were able to leave without any interruption or 13 interference, is that correct? 14 A Yes, that's correct. 15 Q Okay. 16 17 18 And the next day you got a phone call from Bonnie saying that Harvey wanted to speak to you, correct? A I don't know if it was the next day but it was shortly after. 19 Q And you didn't want to speak with him, correct? 20 A Yes. 21 Q You refused to take his call, correct? 22 A Correct. 23 Q And after that no one ever harassed you by 24 25 continuously calling you, correct? A Correct. Page 1886 1 Q Nobody continuously emailed you, correct? 2 A Correct. 3 Q Nobody reached out to you in any way, coming to your 4 house with messages or a box of candy or anything like that? 5 A Correct. 6 Q So to this day you don't know and will never know what 7 Mr. Weinstein wanted to talk to you about on the phone that 8 day, correct? 9 A Correct. 10 Q So after a proposition was made to you that you 11 thought he was kidding initially and you laughed at -- 12 MS. HAST: 13 THE COURT: 14 15 Q laughed at, you never spoke to Harvey Weinstein again, correct? MS. HAST: 17 THE COURT: 19 Overruled. -- that you thought he was kidding about it and you 16 18 Objection. Q Objection. Sustained. You never spoke to him after the day you entered the InterContinental Hotel? 20 A Correct. 21 Q So let's now go back from that day to eight months 22 23 24 25 prior when you actually met Mr. Weinstein. Do you remember that meeting in the bar that you described? MS. HAST: Objection. Page 1887 1 THE WITNESS: 2 THE COURT: 3 6 Overruled. Just listen very carefully to the questions. 4 5 Yes. THE WITNESS: Q Yes. So when you first met Mr. Weinstein, obviously, you and he were total strangers, correct? 7 A Correct. 8 Q And you spoke to him about what you were pursuing in 9 terms of your career goals, correct? 10 A Yes. 11 Q And he said, let me try to help you, right? 12 A Yes. 13 Q And that was the beginning of an eight month 14 approximate, eight month professional friendship, right? 15 A I am not sure if that's the correct timing, but, yeah. 16 Q Well, you had said it was eight months at other times, 17 correct? 18 A I am not sure if it was exactly eight months. 19 Q Okay. 20 A Maybe. 21 Q It could have been more than that? 22 A No. 23 Q We will get back to that. 24 25 Approximately, does that sound about right? Maybe less than that. Now, within a relatively short period of time after meeting Mr. Weinstein you went to the Miramax offices, correct? Page 1888 1 A Correct. 2 Q And you went to NYU for dance, correct? 3 A Uh-hum. 4 Q And then you went to Parson's School of Design, 5 correct? 6 A Yes, and Strasbourg. 7 Q And Strasbourg, all of those, all three of those, are 8 very prestigious institutions, correct? 9 A Yeah. 10 Q And up until that point in your life you had never 11 been in a movie studio, correct, before that, correct? 12 A A movie studio? 13 Q I am sorry. 14 A No, I had been. 15 Q Been or -- 16 A Or casting offices for -- not in a -- I have never 17 18 19 Movie offices. been in like a Miramax type of production office like that, no. Q And you know from your studying the arts, I mean, Miramax was big but it's not the biggest, correct? 20 A They were the biggest at the time. 21 Q Well, they are not as big as Sony or Columbia or 22 23 24 25 Paramount, right? A He was making the hottest films, the best films. It was, you know, he was running Hollywood at that point. Q So it was pretty cool that you were getting to go to Page 1889 1 Miramax, right? 2 A Yes. 3 Q Yeah, actually you are right. 4 5 In 2003, they had just won the Oscar for Chicago, right? 6 MS. HAST: 7 THE COURT: 8 9 Q hottest studios in -MS. HAST: 11 THE COURT: 13 Sustained. So you are correct when you say it was one of the 10 12 Objection. Q Objection. Sustained. So, now, you are -- Mr. Weinstein now has gotten you into the Miramax offices in Tribeca, correct? 14 A Yes. 15 Q And he set you up for your very first screen test, 16 right? 17 A Yes. 18 Q You had never had a screen test, before had you? 19 A No. 20 Q Not at this level? 21 A Yeah. 22 Q And besides the screen test, you also did some 23 readings there? 24 A Well, I was reading during the screen test. 25 Q And you didn't go to Miramax once, you went a couple Page 1890 1 of times, right? 2 A No, I went once. 3 Q You only went to the offices once? 4 A Yes. 5 Q You only met with Katie once? 6 A Yes. 7 Q And -- but you would have several meetings with Mr. 8 Weinstein and his assistant, Bonnie, right? 9 A Yes. 10 Q And that did give you tremendous insight into the 11 movie industry and the acting industry, correct? 12 MS. HAST: 13 THE COURT: 14 15 Q Objection. Sustained. Did that experience enhance your ability to assess what it takes to be an actress or actor? 16 MS. HAST: 17 THE WITNESS: 18 THE COURT: 19 stand. 20 BY MR. AIDALA: 21 Q Objection. No. Overruled. The question and answer Besides the professional opportunity that Mr. 22 Weinstein afforded you, there were also a lot of social and 23 friendship aspects to your relationship, right? 24 A Yes. 25 Q As a matter of fact, I know you mentioned you went to Page 1891 1 lunch at Robert De Niro's Restaurant with Mr. Weinstein, 2 correct? 3 A Correct. 4 Q But you and Lincoln, your fiance, also went to dinner 5 with Mr. Weinstein and his lovely wife Georgina, right? 6 A Yes. 7 Q And I am sure that had to be a nice venue, correct? 8 MS. HAST: 9 THE COURT: 10 11 Q Objection. Sustained as to form. Well, you went to dinner with Mr. Weinstein and his wife, correct, you and your fiance, right? 12 A Yeah, they weren't married at the time. 13 Q So his fiance and your fiance, is that fair to say? 14 MS. HAST: 15 THE COURT: 16 THE WITNESS: 17 Q Okay. Objection. Overruled. Yes. And so, the four of you had dinner and then you 18 mentioned on direct examination you went to Whoopi Goldberg's 19 birthday party? 20 A Yes. 21 Q Now, you went with Lincoln? 22 A Yes. 23 Q And did you accompany Mr. Weinstein and Georgina? 24 A No, we just met them there. 25 Q I am sorry. But they were there as well, right? Page 1892 1 A Yes, yes. 2 Q And Mr. Weinstein was the reason why you had access, 3 you and Lincoln, to that party, correct? 4 A Yes, correct. 5 Q And that was one of the hottest parties in Hollywood 6 because Whoopi Goldberg had just hosted the Oscars the year 7 before, correct? 8 MS. HAST: 9 THE COURT: 10 Objection. Overruled. THE WITNESS: It was not in Hollywood. 11 said it was the hottest party in Hollywood. 12 Q 13 14 I am sorry. I apologize. But Whoopi Goldberg was very popular at that time, is it fair to say? 15 MS. HAST: 16 THE COURT: 17 THE WITNESS: 18 19 20 Objection. Overruled. I guess so. BY MR. AIDALA: Q Is it fair to say you would not have been able -- anyone couldn't walk in there without an invitation? 21 A It was an invitation only type of event. 22 Q And Mr. Weinstein got you and your fiance the 23 You just invitation to go to that party, right? 24 A Right. 25 Q Okay. And you also mentioned during that period of Page 1893 1 time as a present you were able to go see the Broadway show 2 that's, until this day, holds the record for winning the most 3 Tony's, The Producer, correct? 4 MS. HAST: 5 THE COURT: Objection. Sustained. 6 Q Did you go see the Broadway show, The Producers? 7 A Yes. 8 Q And that was, again, it was another hot ticket item, 9 correct? 10 MS. HAST: Objection. 11 THE COURT: 12 THE WITNESS: Overruled. I mean, I wouldn't have gone 13 otherwise. 14 Q And do you remember you had really good seats, right? 15 A Uh-hum. 16 THE COURT: 17 THE WITNESS: 18 Q If you would say yes or no. Yes. And so, in addition to these specific events that you 19 remember from 16 years ago, I know you have mentioned in the 20 past that you went to other lunches and meetings with Mr. 21 Weinstein and Bonnie to discuss your career, right? 22 MS. HAST: 23 THE COURT: 24 Ask a specific question, please. 25 Q Objection. Sustained. Besides the specific events we just spoke about, there Page 1894 1 are other lunches that you went to with Mr. Weinstein and his 2 assistant, correct? 3 A Correct. 4 Q Okay. And in all of these different events, when you 5 were with Mr. Weinstein he never acted inappropriately to you 6 correct? 7 A I mean, he made comments but it was nothing physical. 8 Q And after all of that time that we just spoke about 9 that you spent together, the day after the -- or a day or two 10 after the InterContinental proposition you refused to take his 11 phone call? 12 MS. HAST: 13 THE COURT: 14 15 Q the laughable proposition -MS. HAST: 17 THE COURT: 19 Sustained as to form. The day or two after the incident you just described, 16 18 Objection. Q Objection. Sustained as to form. You didn't talk to Harvey Weinstein after you left the InterContinental Hotel, correct? 20 A Correct. 21 Q Even though you guys had attended many social events 22 together, correct? 23 A Correct. 24 Q So that was 2004, you believe, right? 25 A Yes. It was 2004 but it may have lead it in 2005. Page 1895 1 2 3 4 Q So maybe you met him in the spring of 2004 and those eight months led into 2005. A Or vice versa. I met him in the end of 2004 and into the spring of 2005. 5 Q So you are not really sure exactly of the time period? 6 A I am not a hundred percent, no. 7 Q So let's fast forward to 2017 that you had just spoken 8 to the prosecutors about, okay. 9 A Okay. 10 Q At some point in 2017, you decided to go public with 11 what happened at the InterContinental Hotel, correct? 12 A Correct. 13 Q You decided that you were going to tell everyone about 14 the proposition that Mr. Weinstein made that you initially 15 thought he was kidding about and you laughed at, correct? 16 MS. HAST: 17 THE COURT: 18 19 20 21 22 23 Q Objection. Sustained. And you said you wanted to be anonymous but they wouldn't let you be anonymous, is that your testimony? A Yeah, when I first spoke with Jodi Cantor I said I didn't want my name used. Q And what about when you went on television, did you ask anybody to black out your face or image? 24 A No. 25 Q Okay. And you spoke to the New York Times, correct? Page 1896 1 A Jodi Cantor, yes. 2 Q And you spoke to CNN? 3 A Yes. 4 Q And you spoke to an anchor, a correspondent from NBC 5 Nightly News, correct? 6 THE COURT: Yes or no. 7 Q You spoke to Stephanie Ruhle from MSNBC, correct? 8 A Yes. 9 Q You spoke to Sky News, right? 10 A I am not sure. 11 Q And well, do you remember being interviewed and they Sky News is in Europe. 12 took some video of you actually working on fixing a dress and 13 working on costumes? 14 A Oh, yes. 15 Q And that was from Sky News, right? 16 A Yes, I guess so. 17 Q And you spoke to the Daily Mail, I think, most 18 19 Yes. recently, correct? A No, that was at -- I was at an event in LA and someone 20 had asked me some questions like six months ago and then it -- 21 they just came out with it recently. 22 Q And it was -- but it was about this case? 23 A Yes, yes. 24 Q And besides speaking to the media, there then came a 25 time when you spoke to the people from the District Attorney's Page 1897 1 Office of New York County, right? 2 A Correct. 3 Q And you reached out to a prosecutor here, correct? 4 A No. 5 Q You didn't send an email to Maxine Rosenthal? 6 A Someone had contacted me first. 7 Q But no one from the District Attorney's Office? 8 A Yes. 9 Q Someone in the DA's Office contacted you first? 10 A Yes. 11 Q And you spoke to Maxine Rosenthal, correct? 12 A Correct. 13 Q You spoke to -- did you ever -- that the Assistant 14 District Attorney Maxine Rosenthal, correct? 15 A Correct. 16 Q And did you ever speak to -- excuse me. 17 Withdrawn. You spoke to ADA Kevin Wilson, correct? 18 A Yes. 19 Q Yes, and ADA Brendon Tracey, correct? 20 A I am not sure. 21 Q Either by phone or in person, do you remember speaking 22 to an Assistant District Attorney by the name of Brendon 23 Tracey? 24 A I don't remember him. I remember Kevin. 25 Q I would like to show you something to refresh your Page 1898 1 recollection. 2 Can you just look at what's Defense Exhibit U and if 3 you look at the bottom square you can read the very bottom, you 4 can read that there is a date there as well and it talks about 5 who spoke to who? 6 A Okay. 7 Q Does that refresh your recollection whether you spoke 8 9 to ADA Brandon Tracey on a date in 2018? A I mean, it doesn't refresh my memory but I may have 10 spoken to him, I guess. I just don't remember between him and 11 Kevin because I spoke with both of them. 12 Q You remember speaking to ADA Maxine Rosenthal, right? 13 A Yes. 14 Q And you remember -- do you remember speaking to an ADA 15 name Rachel Hochhauser? 16 A No. 17 Q And so, in 2017, you spoke to all of these media 18 outlets and you spoke to several Assistant District Attorneys 19 from New York County, correct? 20 A Correct. 21 Q And when you spoke to the District Attorneys from New 22 York County, were there ever any law enforcement people with 23 them detectives or investigators from their office with them? 24 A I am not sure. 25 Q Were there any other like paralegals or non lawyers Page 1899 1 who worked for the District Attorney's Office there? 2 A I don't know. 3 Q And so, you spoke to all of these people in 2017, 4 2018. 5 6 7 8 Regarding the media, who set up those appearances for you like on CNN with Don Lemon and MSNBC? A After the New York Times story came out, I was like -- I was hounded by the -- like people just -- 9 Q So people were calling you, correct? 10 A Yes, e-mailing and calling me. 11 Q So and then you had to make some decisions as to which 12 places to go and tell your story, right? 13 A Yeah. 14 Q Okay. 15 And one of the places you decided to go was CNN, right? 16 A Yes. 17 Q And you told -- and you did an interview with Don 18 Lemon, right? 19 A Yes. 20 Q And before you went on television with Don Lemon, you 21 spoke to one of his assistants about what you were going to 22 speak about, correct? 23 A Correct. 24 Q And the day that you got to the studio, you thought 25 long and hard or before the day you got to the studio, you Page 1900 1 thought long and hard about what you were going to talk about, 2 correct? 3 A Not really. 4 Q You knew the subject matter you were going to speak 5 about, correct? 6 A I didn't have to think about it. 7 Q Up until that point in 2017, you had never been on TV 8 It is the truth. before, had you? 9 A I had done some commercials and stuff like that. 10 Q You had never been interviewed personally, correct? 11 A No. 12 Q And you never been in the New York Times before being 13 interviewed personally, correct? 14 A No. 15 Q And during that eight month professional friendship 16 that you had with Mr. Weinstein, that never yielded any movie 17 parts for you, correct? 18 A Correct. 19 Q And it never yielded any fame to you to the degree 20 that you know have, that notoriety, correct? 21 MS. HAST: 22 THE COURT: 23 24 25 Objection. Sustained. Don't answer. Next question. BY MR. AIDALA: Q So before that date you had never been on any local Page 1901 1 television, correct, interviewing? 2 A Yes. 3 Q You had been interviewed? 4 A Yes. 5 MS. HAST: Judge, can you let her answer the question, please. 8 9 MR. AIDALA: She said she was on TV and had been a model. 10 THE WITNESS: I won a modeling contest when I was 11 young and my -- the local paper from where I grew up, 12 interviewed me. 13 Q Okay. And when you went on television with Don Lemon 14 on CNN in prime time, that interview went pretty smoothly, 15 correct? 16 MS. HAST: 17 THE COURT: 18 19 It was a local thing. 6 7 I won a modeling contest when I was younger. Q I will rephrase. Objection. Sustained. Did Mr. Lemon give you an opportunity to speak? 20 A Yeah. 21 Q He didn't interrupt you, correct? 22 A Um, no. 23 Q He asked you some follow-up questions, correct? 24 A Yes. 25 Q And you told him about the episode that took place in Page 1902 1 the InterContinental Hotel, correct, the proposition that took 2 place where you initially thought Mr. Weinstein was kidding, 3 right? 4 MS. HAST: 5 THE COURT: 6 7 Q Objection. Sustained. Hold on. Don't answer. When you were interviewed by Don Lemon, you told him about how you met Harvey Weinstein, correct? 8 A Yes. 9 Q Yes? 10 A Yes. 11 Q And you told him about how you went and met Harvey 12 Weinstein at the InterContinental Hotel, correct? 13 A Yes. 14 Q And you told him the proposition that Mr. Weinstein 15 made to you, correct? 16 A Correct. 17 Q And you told him that you thought Mr. Weinstein was 18 19 20 21 22 kidding, correct? A Um, I don't remember. I never watched the interviews so I am assuming I would have mentioned that. Q And Mr. Don Lemon, his prime time show, gave you about, would you say it was like a five minute interview? 23 A Maybe less. 24 Q About that? 25 A Sure. Page 1903 1 2 Q And no one told you what you could and could not discuss, correct? 3 A Correct. 4 Q And you, the only thing that you discussed in that 5 prime time interview was the proposition in the 6 InterContinental Hotel where nobody touched you in any way, 7 shape, or form, correct? 8 A Yes. 9 Q And you then went on NBC and MSNBC, correct? 10 A Those were before. 11 Q They were before Don Lemon? 12 A Yes. 13 Q So it's fair to say that NBC Nightly News is a 14 national network newscast, correct? 15 A Yes. 16 Q And MSNBC is a cable news network, correct? 17 A Yes. 18 Q And CNN is a cable news network, correct? 19 A Yes. 20 MS. HAST: 21 THE COURT: 22 Q Objection. Overruled, but -- So you went to those -- 23 THE COURT: 24 I think the last one was, is CNN a cable news 25 network? I think you asked a question, no. Page 1904 1 Is that the question? 2 MR. AIDALA: 3 THE COURT: 4 THE WITNESS: 5 Q 6 network. MS. HAST: 8 THE COURT: 9 MR. AIDALA: 11 Q Do you know the answer to that? Yes, I guess so. You know what, I think CNN stands for cable news 7 10 Yes, Your Honor. Objection. Please don't. Sorry, Judge. I apologize. And in the NBC and MSNBC interviews, you got emotional when you spoke about the InterContinental proposition, right? 12 A Uh-hum, yes. 13 Q And you also spoke to Sky News, right? 14 MS. HAST: 15 THE COURT: 16 17 Q Objection. Sustained. And when you gave your -- when you gave your interview to Sky News that's an international news network, right? 18 MS. HAST: 19 THE COURT: Objection. Do you know if Sky News is an 20 international news organization? 21 THE WITNESS: 22 THE COURT: 23 24 25 No, I don't know. Next question, please. BY MR. AIDALA: Q And, basically, you were consistent in all of those interviews, right? Page 1905 1 MS. HAST: 2 THE COURT: 3 Q Objection. Sustained. You told all of these, every one of those professional 4 journalists who interviewed you asked you about your 5 experiences with Harvey Weinstein, correct? 6 A Yes. 7 Q And in every one of those interviews you gave them 8 some background about your relationship with Harvey Weinstein, 9 correct? 10 A I don't remember but I know I did in some of them. 11 Q And in every one of those interviews you told them 12 about the proposition at the InterContinental Hotel, correct? 13 A Yes. 14 Q Okay. 15 A I am not sure. 16 Q You don't know if it was the end of 2017? And that was all in 2017, correct? 17 MS. HAST: 18 THE WITNESS: 19 Q 20 21 I don't know the dates. I will move on, Your Honor. But you do remember meeting with prosecutors in the District Attorney's Office after -- 22 23 Okay. Objection. MS. HAST: Q Objection. -- after you had the media tour that you went on? 24 THE COURT: 25 THE WITNESS: I will allow it. It wasn't a media tour. Page 1906 1 2 Q Well, you went on seven -- six or seven different outlets? 3 MS. HAST: 4 THE COURT: 5 6 Q met with the prosecutors? A Yes. 8 Q Okay. 9 And the first prosecutor was Maxine Rosenthal? MS. HAST: 10 and answered, Judge. 11 THE COURT: Q MS. HAST: 14 THE COURT: Q THE COURT: MR. AIDALA: Objection. Sustained. Do you have a question for the I want to know if she remembers where -- 20 THE COURT: 21 please ask it. 22 Q 23 Sustained. witness? 18 19 Objection; already asked Do you remember where you met with him? 16 17 Objection. Do you remember the first prosecutor you met with? 13 15 Sustained. After you met with all of the media outlets you then 7 12 Objection. Not me. If you have a question, Where did the first meeting with the prosecutors take place? 24 A At the DA's Office. 25 Q I am asking you. Page 1907 1 MS. HAST: 2 THE COURT: Objection. Sustained. 3 Q Was it at the DA's Office? 4 A You know what, the first time I believe I met them was 5 6 7 in LA at a hotel. Q So people from the New York County District Attorney's Office flew to California to meet with you? 8 MS. HAST: 9 THE COURT: 10 11 Q District Attorneys, correct? MS. HAST: 13 THE COURT: 15 Sustained. Do you know the -- you met with New York County 12 14 Objection. Q Objection. Overruled. You met with New York County Assistant District Attorneys, correct? 16 A Yes. 17 Q And you know that they work in New York County, 18 correct? 19 MS. HAST: 20 THE COURT: 21 THE WITNESS: 22 THE COURT: 23 The question and answer are stricken. 24 25 question. Objection. Sustained. I do. Hold on. Hold on. Next Page 1908 1 2 3 BY MR. AIDALA: Q Is it fair to say that people from the New York County District Attorney's Office went to California to interview you? 4 MS. HAST: 5 THE COURT: Objection. Sustained. You can ask the -- you 6 can ask the question if she met with the New York County 7 District Attorney's Office in California if you would like 8 to. 9 10 11 BY MR. AIDALA: Q Okay. Did you with meet with people from the New York County District Attorney's Office in California? 12 A I did, but they weren't there to meet with just me. 13 Q But that's where they met with you, correct? 14 A Yes. 15 Q And you said it was in a hotel? 16 A In a hotel. 17 Q And do you remember how much time you spent with them? 18 A Maybe an hour. 19 Q And during the course of that hour, obviously, they 20 told you, initially, that they wanted you to tell them the 21 truth about everything you know about Harvey Weinstein, 22 correct? 23 MS. HAST: Objection. 24 THE COURT: 25 THE WITNESS: Overruled. Um, no. They asked me about my Page 1909 1 interaction with him and I -- 2 Q 3 the truth? 4 A They didn't say that specifically but -- 5 Q But they did want to know about your interaction with 6 But they also told you that they wanted you to tell Harvey Weinstein, right? 7 A Yes. 8 Q And at that first meeting, was it only one Assistant 9 District Attorney or two or three? 10 A There were four people in the room. 11 Q There were four people in the room and they were all 12 from the New York County District Attorney's Office? 13 A Yes. 14 Q And did you meet with them here again in New York 15 City? 16 A 17 18 I did but I don't think it was the same group of people. Q 19 The first time you went to -- withdrawn. The first time you met with the District Attorney's 20 Office and it was in California, the prosecutors seated at this 21 table, Ms. Illuzzi and Ms. Hast, were not in California? 22 A No. 23 Q So it was a first group of prosecutors, correct? 24 A Yes. 25 Q And since then, you have met about -- met with new Page 1910 1 prosecutors, correct, different prosecutors, correct? 2 A Yes. 3 Q And tell the Ladies and Gentlemen of the Jury how many 4 times you would say you have met with Ms. Illuzzi and/or Ms. 5 Hast, either one? 6 A Maybe four or five. 7 Q Okay. 8 A Yes. 9 Q And in all of these -- withdrawn. 10 And that was during 2018 and 2019? All of those meetings took place in their offices? 11 A With them specifically? 12 Q Yes. 13 A Yes. 14 Q And in their office, is that located right here in 15 16 17 18 19 this building? A Um, there was another building, maybe across the street that I had met with them also. Q And when you would meet with them, it is fair to say that your meetings were about an hour? 20 A Sure, yes. 21 Q If I am wrong, just correct me. 22 A Sometimes maybe longer. 23 Q Okay. 24 25 And they would ask you a series of questions about this case, correct? A Yes. Page 1911 1 2 Q Okay. And, so from the autumn of 2017, until December of 2019, so almost two years -- I am sorry. 3 I apologize. From the autumn of 2017, when you first spoke to the 4 New York Times, until July the 18th of 2019, you see the 5 timeframe? 6 7 Do you understand the timeframe I am talking to you about? 8 MS. HAST: 9 THE COURT: 10 11 Q Objection. Sustained. Would you agree with me that from October of 2017 to July of 2019, is just shy of two years? 12 A Yes. 13 Q You would agree with that statement? 14 And in that time period, you spoke to the New York 15 Times, CNN, MSNBC, NBC Nightly News, Sky News, and five or six 16 Assistant District Attorneys, is that fair to say? 17 MS. HAST: 18 THE COURT: Objection. Overruled. 19 Q Is that fair to say? 20 A Something like that, yeah. 21 Q Okay. And, in fact, on Thursday, July the 18th, 2019, 22 you were in either this building or the one across the street 23 and you met with Ms. Illuzzi, correct? 24 A Yes. 25 Q And you met with Ms. Hast? Page 1912 1 A Yes. 2 Q And you met with another paralegal who works for the 3 office? 4 A I don't remember that. 5 Q And you left their office, approximately, 2:30 in the 6 afternoon, sometime in the afternoon? 7 A I don't remember what time it was. 8 Q And at about two hours later you picked up the phone 9 and you called Ms. Illuzzi, do you remember that? 10 A I do. 11 Q And for the first time after all of those media 12 interviews and all of the interviews with the prosecutor's 13 office that you spoke about, for the first time you said to Ms. 14 Illuzzi on the telephone, I had some other information that I 15 wanted to tell you? 16 A Yes. 17 Q Do you remember that? 18 A Yes. 19 Q Okay. 20 21 22 23 24 25 Do you remember where you went after you left the District Attorney's Office on July 18, 2019? A I went to get a coffee and then I went back to my hotel. Q And did you -- do you remember anyone you spoke to specifically during that period of time? A No. Page 1913 1 Q 2 3 Okay. I am just making sure I am clear. From when you left the DA's Office to when you called Ms. Illuzzi back, do you remember if you spoke to anyone? 4 A No. 5 Q And you don't remember or you didn't speak to anyone? 6 A I don't remember speaking to anyone. 7 Q And at that point for the first time after you had 8 told millions of people worldwide about what happened in the 9 InterContinental, for the first time after meeting with the 10 prosecutors many times, over several hours, you talk about what 11 happened at the Soho Hotel, correct? 12 A Yeah, I um -- 13 Q Okay. 14 15 I just asked if that is the first time. Does it refresh your recollection if I tell you that maybe the hotel was maybe called The Mercer Hotel? 16 A Possibly. 17 Q And now, I would just like to speak to you about, we 18 can call it the Soho Hotel, if you don't remember the exact 19 name. 20 So the Soho Hotel, you just described on direct 21 examination that the scene that you walked in to when you 22 walked into that hotel suite was, I think you said chaos or 23 chaotic? 24 A Yes. 25 Q In fact, it was a production staging area for a movie, Page 1914 1 correct? 2 A Yes. 3 Q And you don't remember what movie it was, do you? 4 A I don't remember. 5 Q But you described there being a lot of people on 6 laptop computers, right? 7 A Yeah. 8 Q And people on walkie talkies, correct? 9 A Yeah I believe they had like a tent outside. 10 Q And was there food in that room for the staff or 11 people? 12 A Yes. 13 Q And there is at least a dozen people in the suite 14 working? 15 A Not that many. 16 Q Ten? 17 A Maybe more like five. Q Well, I mean five people in a suite is that how -- is 18 19 20 out. that your description of being chaotic? 21 MS. HAST: 22 THE COURT: 23 THE WITNESS: 24 THE COURT: 25 There is people coming in and Q Objection. Sustained. It could. Don't answer that question. Do you think it was maybe a little bit more than five? Page 1915 1 MS. HAST: 2 THE COURT: 3 Q MS. HAST: 5 THE COURT: 7 Q Sustained. scene, didn't you? MS. HAST: 9 THE COURT: 11 Objection. You described it in direct examination as a chaotic 8 10 Sustained. It was chaotic though, right? 4 6 Objection. Q Objection. Sustained. There was a movie production going on in the suite of the hotel room, correct? 12 MS. HAST: 13 THE COURT: Objection. Overruled. Hold on. 14 carefully to the questions. 15 or no or I do not understand the question. Listen Answer them as requested, yes 16 And if Mr. Aidala wants you to expand on a 17 specific answer, he will certainly ask you to do so. 18 19 20 Okay. BY MR. AIDALA: Q So there was a movie production being staged in that suite, correct? 21 A Yes. 22 Q Okay. 23 A Yes. 24 Q And Bonnie was the one that actually brought you up to 25 And Bonnie was there, right? the room, correct? Page 1916 1 A Yes. 2 Q And that's where you say in that -- in the bedroom 3 that you said you wound up in with Mr. Weinstein, that's part 4 of that whole hotel -- that same hotel room suite, correct? 5 A Correct. 6 Q And in the eight months prior, in all of your 7 interactions with Mr. Weinstein, he had never put a hand on you 8 inappropriately, correct? 9 A Correct. 10 Q And now for the first time in a hotel suite that has a 11 chaotic scene where a movie is being staged out of, it is your 12 testimony that this is the first time he touches you 13 inappropriately, correct? 14 MS. HAST: 15 THE COURT: 16 17 Q Objection. Sustained. So after you left the hotel, the Soho Hotel, you didn't go home and tell Lincoln about that, right? 18 A No. 19 Q And a couple of weeks later you get a call from Bonnie 20 to go and meet with Mr. Weinstein again, correct? 21 A Yes. 22 Q And you meet in a hotel, right? 23 A It was a restaurant. 24 Q Inside of a hotel? 25 A Yes. Page 1917 1 2 Q And when you get there Mr. Weinstein is not there and she says he is tied up, let's go upstairs, correct? 3 A Yes. 4 Q And when you were going up to Mr. Weinstein's hotel 5 room on that particular day at the InterContinental Hotel, you 6 did not expect there to be a chaotic scene in his hotel suite 7 that day, did you? 8 MS. HAST: 9 THE COURT: 10 Objection. THE WITNESS: 12 THE COURT: THE WITNESS: 15 THE COURT: up. 19 Just yes or no or you cannot answer No. And the microphone stopped picking If you can pull up your chair. 17 18 Um -- that question with a yes or no. 14 16 Did you expect a chaotic scene at the hotel on that day? 11 13 Overruled. Thank you. BY MR. AIDALA: Q When you went to the Soho Hotel, Bonnie told you that 20 you were going there because they were staging a movie out of 21 the Soho Hotel, correct? 22 A Yes. 23 Q And when Bonnie told you to come to the 24 InterContinental, she did not tell you to come up here because 25 we are staging a movie, correct? Page 1918 1 A It was a dinner. 2 Q She just said can you come up here to meet with Mr. 3 Weinstein, right? 4 A For a dinner meeting, yes. 5 Q And you then went from the restaurant, you went to the 6 hotel room, right? 7 A Yes. 8 Q And now this, as you described it, the experience in 9 the Soho Hotel was a horrendous experience, correct? 10 A Yes. 11 Q So this alleged horrendous experience takes place in a 12 hotel room that was a chaotic scene in the suite but now you 13 are going into a hotel room alone with Mr. Weinstein and his 14 assistant, is that correct? 15 MS. HAST: 16 THE COURT: 17 Q 18 Weinstein? 19 20 THE COURT: 22 THE COURT: 25 Don't answer the question until I rule on this. MS. HAST: 24 Do not answer that question. You are about to go to a hotel room with Mr. 21 23 Objection. Q Objection. Sustained. Did you go to a hotel room with Mr. Weinstein and Bonnie alone in the InterContinental Hotel? MS. HAST: Objection; asked and answered, Judge. Page 1919 1 THE COURT: 2 THE WITNESS: You may answer that question. I went with Bonnie up to his room 3 where it was like a makeshift office she said. 4 Q 5 And that was just a few weeks after the Soho Hotel encounter, correct? 6 MS. HAST: 7 THE COURT: Objection; asked and answered. Sustained. 8 Q And Mr. Weinstein opened the hotel room door, right? 9 A Yes. 10 Q And he was just wearing an open robe, right? 11 A Yes. 12 Q And you are in the hallway in the hotel, correct? 13 A Uh-hum. 14 THE COURT: 15 THE WITNESS: 16 Q Yes or no. Yes. And when you were in the hallway, had you chosen to 17 just keep on walking, there was nothing blocking you from 18 continuing walking down the hallway, correct? 19 MS. HAST: 20 THE COURT: 21 Q Objection. Sustained. Were there any physical impediments in the hallway 22 from you leaving the front door of the hotel room that Mr. 23 Weinstein had just opened the door to? 24 MS. HAST: 25 THE COURT: Objection. Sustained as to clarity. Page 1920 1 Are you asking if she could have simply turned 2 around and walked away? 3 MR. AIDALA: 4 THE COURT: 5 Yes, Judge. Could you have just turned around and walked away? 6 THE WITNESS: 7 THE COURT: 8 Yes. Next question. BY MR. AIDALA: 9 Q And you went inside the hotel room, right? 10 A Yes. 11 Q And you testified that you didn't know -- withdrawn. 12 13 Mr. Weinstein's robe was closed up until the waist area, correct? 14 MS. HAST: 15 THE COURT: Objection. Sustained. 16 Q Mr. Weinstein wasn't standing there naked, was he? 17 A His robe was open. 18 Q But it was -- his robe was wide open? 19 A No. 20 Q Okay. 21 You couldn't see below his bellybutton, could you? 22 MS. HAST: 23 THE COURT: Objection. 24 sustained as to could. 25 Q Did you? Overruled. Well, you know what, Page 1921 1 A I saw folds of skin, fat hanging down. 2 Q You didn't see anything below that, did you? 3 A No. 4 Q So, in fact, a closed robe. 5 MS. HAST: 7 THE COURT: 9 You don't know what he was wearing underneath the robe, correct? 6 8 I didn't -- Q Objection. Sustained. You were not able to see what he was wearing underneath the robe, correct? 10 MS. HAST: 11 THE COURT: 12 MR. AIDALA: Objection. Sustained. I would like to know the cause of 13 that, for sustaining the objection so I can rephrase the 14 question. 15 16 17 18 THE COURT: Next question, please. BY MR. AIDALA: Q You were not able to see what Mr. Weinstein was wearing inside of his closed robe, were you? 19 MS. HAST: 20 THE COURT: 21 MR. AIDALA: 22 Q Objection. Sustained. Can I have a moment, Your Honor. You told Don Lemon that when you got to that door of 23 that hotel, you thought it was weird that he was there with a 24 robe on but not so weird that you had to run away, correct? 25 MS. HAST: Objection. Page 1922 1 THE COURT: 2 Did you tell that to Don Lemon? 3 THE WITNESS: 4 getting a massage. 5 Q 6 Yeah, I thought he was possibly So you thought it was weird -- withdrawn. That's not what you told Don Lemon though, correct? 7 MS. HAST: 8 THE COURT: 9 10 Overruled. Q Objection. Sustained. You thought it was weird but not so weird that you had to leave, correct? 11 THE COURT: 12 Q THE COURT: Q Rephrase that. You told Don Lemon -- 13 14 Hold on. Is it true. Is it true, thank you, Your Honor, is it true that you 15 told Don Lemon that you thought it was weird that he answered 16 the door in a robe but not so weird that you had to leave? 17 A I never said those words. 18 MR. AIDALA: 19 THE COURT: 20 Can I have a moment, Your Honor? Sure. BY MR. AIDALA: 21 Q Isn't it true that you told Don Lemon, I showed up at 22 the restaurant and it was just her. 23 room. 24 it. 25 and I thought that was weird but, again, I was still, you know, I went up with her. She then led me up to a I didn't think anything strange of And then he opened the door to the room in an open robe Page 1923 1 she was there with me. 2 am out of here. 3 4 I wasn't like, whoa, this is weird. Isn't that what you told Don Lemon in the CNN interview? 5 MS. HAST: 6 THE COURT: 7 THE WITNESS: 8 THE COURT: 9 THE WITNESS: 10 Q Objection. I will allow it. I thought it was odd that he was -Yes or no, is that what you told him? I guess so, yes. tied but, you know, open at the top. 12 his stomach? 13 MS. HAST: 14 THE COURT: 15 THE WITNESS: 16 THE COURT: 20 I could see his chest and Objection. Overruled. I will allow it. It was tied. The question is -- the question is, is that what you said to Don Lemon? 18 19 Yeah, yes. And it isn't it true that you told Don Lemon, it was 11 17 I THE WITNESS: I don't remember exactly. BY MR. AIDALA: Q So you told Don Lemon that it was weird but not that 21 weird but you never told Don Lemon that two weeks before you 22 had a horrible experience with Mr. Weinstein in the Soho Hotel, 23 right? 24 MS. HAST: 25 THE COURT: Objection. You can ask those questions again, Page 1924 1 but one after another. 2 Q 3 4 You told Don -- withdrawn. You never told Don Lemon about the experience in the Soho Hotel, correct? 5 A I never told anyone. 6 Q And you did tell Don Lemon that when Mr. Weinstein 7 made the proposition you thought he was joking because he had a 8 raunchy sense of humor, correct? 9 A Yes. 10 Q And but according to your testimony here in court, you 11 knew a lot more about Mr. Weinstein than just that he had a 12 raunchy sense of humor? 13 MS. HAST: 14 THE COURT: 15 16 Q Sustained. According to your testimony here, you said that he had been inappropriate with you two weeks before, correct? 17 MS. HAST: 18 THE COURT: 19 Objection. Q Objection. Sustained. In terms of your final interactions with Mr. 20 Weinstein, the last time you said you spoke to him was that day 21 at the InterContinental Hotel, right? 22 A Correct. 23 Q So, after, according to you, there was a horrendous 24 violation of your body at the Soho House, or Soho Hotel, you 25 were then willing to meet with him another time, correct? Page 1925 1 MS. HAST: 2 THE COURT: 3 4 Q Objection. Sustained as to form. You met with Mr. Weinstein after the horrendous events at the Soho House, correct? 5 MS. HAST: 6 THE COURT: 7 Do you want to ask that again? 8 Do so in piecemeal form without the adjectives. 9 MR. AIDALA: 10 11 12 Q Objection, asked and answered. Yes, and characterization. Oh, okay. After the events at the Soho House you agreed to meet with Mr. Weinstein again, correct? A Correct. I took his word. 13 THE COURT: 14 answer that with a yes or no. 15 Q 16 But after the kidding, the laughable, non touching proposition -- 17 18 Just answer yes, no or I cannot THE COURT: Sustained. Don't answer that question. 19 MR. AIDALA: 20 THE COURT: 21 Q 22 apologize. Can I have a moment, Your Honor? Sure. After the -- oh, I am sorry, Ms. Dunning. 23 THE COURT: 24 Q Are you okay? 25 A Yeah. Next question. I Page 1926 1 Q You told us on direct that after the events at the 2 InterContinental Hotel that you, basically, kind of changed 3 career paths, correct? 4 A Yes. 5 Q And, you wound up being in a band, right? 6 A Yes. 7 Q At some point? 8 A Yes, yes. 9 Q And the name of that band was The Bambi Killers? 10 A Yes. 11 Q Like Bambi, with all the Disney World characters -- 12 MS. HAST: 13 THE COURT: 14 Just -- just go with the yes or no or I can't 15 18 THE WITNESS: Q correct? MS. HAST: 20 THE COURT: 22 Q Objection. Sustained. You told us here you stopped working in the industry, right? 23 MS. HAST: 24 THE COURT: 25 Yes. And you actually wound up making some music videos, 19 21 I will allow it. answer the question. 16 17 Objection. Q Objection. I will allow it. But you continued to work in the industry, right? Page 1927 1 A It was a punk band. 2 Q But you made some videos with it, correct? It wasn't a movie role. 3 MS. HAST: 4 THE COURT: 5 That's a yes or no or I cannot answer that 6 9 10 11 I will allow it. question. 7 8 Objection. THE WITNESS: no. BY MR. AIDALA: Q Do you know if there are any videos from the Bambi Killers online right now? 12 MS. HAST: 13 THE COURT: 14 THE WITNESS: 15 I cannot answer that with a yes or Q Objection. Overruled. I am sure there are, yes. And in those videos of -- by the Bambi Killers, you 16 guys are actually portraying like killing animals with 17 chainsaws, right? 18 MS. HAST: 19 THE COURT: 20 question. 21 Q 22 23 Sustained. Do not answer the Are some of those video kind of gory? THE COURT: Q Objection. Sustained. Are they bloody? 24 MS. HAST: 25 THE COURT: Objection. Sustained. Wait for me to rule on Page 1928 1 the objection, please. 2 Q And, um, you said you weren't a hundred percent sure 3 of whether this timeframe that you met Mr. Weinstein was in the 4 spring of 2014 -- 2004 going into 2005, or the fall of 2004, 5 you weren't exactly sure but it was in somewhere in between 6 2004 and 2005, correct? 7 A Yes. 8 Q And isn't it true that one of the last things you told 9 10 Don Lemon was, I stopped going to auditions. really trying to pursue acting at that point? 11 12 I stopped really, MS. HAST: Objection. It's not inconsistent, Judge. 13 THE COURT: 14 Is that one of the last things that you told Don 15 Lemon, to your recollection? 16 17 18 Well, I will allow it. THE WITNESS: Q Okay. I don't remember. You did testify to that here in court today, right? 19 MS. HAST: 20 THE COURT: Objection. Sustained. 21 Q In 2005, you made a movie, right? 22 A I don't know. 23 Q Okay. 24 25 I am not sure. You weren't in a film called, Aunt Rosie where you played Julia? A That was my friend's art film. It was not anything Page 1929 1 2 3 professional. Q Okay. And in 2006, you were in a movie called Alias, the Roughest Cut? 4 A It was also a friend's film. 5 Q In 2008, you were in a film called, Clown, where you 6 7 8 9 10 played the wife? A That was an art film also. I don't think you have the year correct. Q Okay. And in 2008, you were in a film called 1001 Salvations and you played the role of an angel? 11 A That was not 2008. 12 Q When was that? 13 A It was much earlier. 14 I did him a favor. I don't remember the year exactly it wasn't 2008. 15 Q You made movies in 2009 as well, right? 16 A I don't think so. 17 Q Were you in a movie called Fashion Kills? 18 A No, I did costumes for that film. 19 Q And did you -- were you in a documentary called Blood 20 Work? 21 A Yeah, it was an art documentary. 22 Q Before you had met Mr. Weinstein, were you in any 23 24 25 films or any movies that would be published on the internet? A Yes, it was all the same kind of films for friends or independent things, yes. Page 1930 1 2 Q And they would be listed on a website like IMPD or something like that? 3 MS. HAST: 4 THE COURT: 5 THE WITNESS: 6 Q 7 correct? MS. HAST: 9 THE COURT: 10 Q So. 13 MS. HAST: 14 THE COURT: MS. HAST: 17 THE COURT: Q 19 20 If you know? Objection. Sustained. Don't answer. Objection. Sustained. Don't answer. Did you write things on Twitter? THE COURT: Q I don't know. Did you have a Twitter account? 16 18 Possibly. And the band, Bambi Killers, you guys had a Twitter account, right? Q If you know. Objection. THE WITNESS: 12 15 Overruled. But all of these aren't listed on the internet, 8 11 Objection. Sustained. Don't answer. People never forget the truth, they just get better at 21 lying, you put that on Twitter, right? 22 MS. HAST: Objection. 23 THE COURT: Hold on. 24 Did you put that on Twitter? 25 THE WITNESS: Let me think about that. I did not. Page 1931 1 Q That was on The Bambi Killers Twitter feed? 2 MS. HAST: 3 THE COURT: 4 MR. AIDALA: 5 Objection. Sustained. Can I have one moment, Your Honor? BY MR. AIDALA: 6 Q I just have like five more questions, okay. 7 A Okay. 8 Q Um, the event at the Soho Hotel was very upsetting to 9 10 you, correct? A Yes. 11 MS. HAST: 12 THE COURT: 13 Q Objection. Sustained. But when you went to the hotel at the InterContinental 14 and Mr. Weinstein opened the door in a bathrobe, you didn't 15 think that was so weird that you had to get out of there, 16 correct? 17 MS. HAST: 18 THE COURT: 19 Q Objection. Sustained. From 2005 or 2004 until July the 18th of 2019, you 20 didn't tell anyone about what happened in the Soho Hotel, 21 correct? 22 MS. HAST: 23 THE COURT: 24 25 Q Objection. Sustained. You spoke to millions of people via the media about everything you knew about Harvey Weinstein and you never told Page 1932 1 them about what happened in the Soho Hotel, correct? 2 MS. HAST: 3 THE COURT: 4 answer again. 5 Q 6 Sustained. Don't answer. Don't Sustained. Do you know that the only way you can sue Harvey Weinstein is if he is charged with a crime against you? 7 MS. HAST: 8 THE COURT: 9 Objection. Q Objection. Sustained. Did you meet with a lawyer about this case? 10 MS. HAST: 11 THE COURT: 12 THE WITNESS: Objection. Overruled. Yes. 13 Q Who was that lawyer? 14 A Deborah Katz. 15 Q And is she a California lawyer or a New York lawyer? 16 A Neither. 17 Q And did you talk to her generally about this case? 18 MS. HAST: 19 THE COURT: 20 Did you speak to her generally about this case? 21 THE WITNESS: 22 question. 23 Q Okay. Objection. Overruled. I don't really understand the You didn't -- what I am asking is if you spoke 24 to a lawyer, I am not asking if you spoke to a lawyer about 25 anything else, any subject matter we discussed here today? Page 1933 1 THE COURT: Next question. That's not a 2 question. 3 Q Did you speak to her about Harvey Weinstein? 4 A Yes. 5 Q And did you talk to her about bringing a lawsuit? 6 A No. 7 Q Did she talk to you about bringing a lawsuit? 8 A No. 9 Q Is she a criminal lawyer? 10 A I don't know. 11 Q Is she a civil lawyer? 12 A Yes, I think so. 13 Q So she's the kind of lawyer who sues people for money, 14 correct? 15 A I don't think so. 16 Q Did the lawyer who you met with talk about you getting 17 money from a settlement? 18 A No. 19 Q Was it after the meeting with the lawyer where you 20 then called Ms. Illuzzi back for the first time on July 18, 21 2019 and told her about the incident that took place in Soho? 22 23 24 25 A So, I -- I only recently started meeting with this lawyer. Q Okay. MR. AIDALA: Thank you very much, Ms. Dunning. I Page 1934 1 appreciate your time. 2 3 THE COURT: People do you have any redirect? 4 MS. HAST: 5 THE COURT: 6 We are going to take a break but Yes, I do. Jurors I see you are eager for a break. 7 So Ms. Dunning if you would be good enough to 8 step down for a moment and then we will recall you in a few 9 minutes. 10 (Witness is excused.) 11 THE COURT: All right, Jurors. 12 Please remain mindful of all of my prior 13 admonitions and instructions during this or any other 14 recess. 15 See you back here in a few minutes. 16 COURT OFFICER: 17 (jurors are excused. 18 THE COURT: 19 20 21 22 23 24 25 Jurors follow me, please. Okay, if anybody needs to use the facility, do so, be back here in five minutes. (Continued on the following page.) Page 1935 1 COURT OFFICER: 2 THE COURT: 3 Come to order. All right, let's get the witness back on the stand and get the jury also. 4 COURT OFFICER: 5 ( Jury enters courtroom). 6 THE CLERK: 7 Jury entering. Case on trial continued, all parties are present. 8 THE COURT: 9 COURT OFFICER: 10 THE COURT: And the witness is returning. Yes, Judge. All right welcome back. I remind you 11 that you are still under oath, the same rules apply. 12 you settle in, People, any redirect? 13 MS. HAST: 14 REDIRECT EXAMINATION 15 BY MR. HAST: 16 Q Once Yes Judge. Ms. Dunning, do you remember all those questions on 17 cross examination about your interviews with the media and your 18 conversations with the District Attorney's Office? 19 A Yes. 20 Q Do you remember those questions about the fact that you 21 had not described that first incident in the Soho Hotel during 22 that period of time? 23 A Yes. 24 Q Can you tell this jury the reason or reasons why? 25 A Um, I mean, I never told anyone, not like my best Page 1936 1 friends, anyone, and you know, the incidents that I had talked 2 about that was hard enough telling my dad and, you know, people 3 about that, and -- 4 MR. AIDALA: Objection, your Honor. 5 THE COURT: Overruled. 6 7 8 9 10 A I just didn't want to be a victim and I just didn't, I just wanted to move on and forget it ever happened basically. Q And why did you make that phone call to the ADA to tell her about that? A Because I, when I found out that I was going to 11 testify, I felt that I had to tell the whole truth, and I didn't 12 know if it was something that would come back to me. 13 didn't know how things worked. 14 I didn't even know it would be something we would be 15 talking about in court. 16 and that would be it. 17 story. 18 19 20 21 I just Q I thought I could just tell you guys I just wanted you guys to know the whole Did you, did anybody tell you to tell us about that incident at the Soho Hotel? A You guys were the first people on Earth that I told. No one else knew about it. 22 Q And why did you end up getting an attorney recently? 23 A Because I was scared, I felt, I didn't know if the 24 25 defendant was going to retaliate against me. MR. AIDALA: Objection. Page 1937 1 2 THE COURT: A Overruled. I didn't know what to expect with this whole trial. I 3 never have been in court before, so I thought it would be a good 4 idea. 5 Q Around when did you do that? 6 A It was in December, I'm not sure of the date, the first 7 time I spoke with her was in mid December. 8 THE COURT: Can you elicit what year. 9 Q What year, I'm sorry? 10 A 2019. 11 Q Are you getting any money from Harvey Weinstein? 12 A No I'm not. 13 Q Are you getting anything from Harvey Weinstein? 14 A Nothing. 15 Q Are you suing Harvey Weinstein? 16 A No I'm not. 17 Q Do you have any plans to sue Harvey Weinstein? 18 A No, I do not. 19 Q Has anyone ever told you if it is possible to even 20 charge Harvey Weinstein with what happened to you back in 2004 21 at the Soho Hotel? 22 MR. AIDALA: Objection. 23 THE COURT: Sustained as to what that means. 24 25 Q Do you know if it is possible to charge Harvey Weinstein for what happened to you back in 2004 at the Soho Page 1938 1 Hotel? 2 MR. AIDALA: Objection. 3 THE COURT: Same. 4 know, what is your question? 5 6 Q Charged with a crime, you Is Harvey Weinstein being charged with what happened to you back in 2004 at the Soho Hotel? 7 A No. 8 Q Do you know what the statute of limitations are for 9 10 that crime? A No. 11 MR. AIDALA: Objection. 12 THE COURT: Question and answer stands. 13 14 Q Defense counsel asked you some questions about an incident at the Intercontinental Hotel. Do you remember those? 15 A Yes. 16 Q Why did you feel okay going upstairs with Bonnie that 17 evening? 18 A Um, I was with Bonnie, and after the previous incident, 19 he profusely apologized, promised it would never happen again. 20 So I figured we would move on from that, and things would be 21 professional from here on out. 22 23 24 25 Q When Harvey Weinstein asked you to participate in a threesome, why did you laugh? A Um, because it was so ridiculous, like his sense of humor, and he had never been like, spoke to me specifically Page 1939 1 about anything sexual like that. 2 wall and out of place, I thought it was a joke. 3 Q 4 laughed? 5 A 6 So I just, it was so off the And what happened, what did the defendant do after you After I laughed he started screaming at me like everything just took a turn and he started screaming at me. 7 Q Describe his voice? 8 A It was loud, he's a very large man, he, it was scary, I 9 don't know. 10 Q Describe his demeanor at that point? 11 A It was very aggressive. 12 Q Did you ever get a job from Harvey Weinstein? 13 A No. 14 Q Did you ever get any roles in any movies from Harvey 15 Weinstein? 16 A 17 No. And all the films the defense asked me about, I never got paid for any of those, those were friends's projects. 18 Q 19 Weinstein? 20 A Yes. 21 Q Were you doing friends's projects after you met Harvey 22 Weinstein? 23 A Yes. 24 Q Did you, before you met Harvey Weinstein, did you have 25 Were you doing friends's project before you met Harvey aspirations for a professional acting career? Page 1940 1 A Yes. 2 Q After you met Harvey Weinstein, did you continue trying 3 4 to have a professional acting career? A No. 5 MR. AIDALA: Objection. 6 THE COURT: Overruled. 7 Q Have you ever hurt any animals? 8 A No, I'm vegan. 9 MS. HAST: 10 11 No further questions. THE COURT: Any cross within the confines of MR. AIDALA: Yes, your Honor. redirect? 12 13 Can I have a moment. 14 RECROSS EXAMINATION 15 BY MR. AIDALA: 16 Q Hi. 17 A Hi. 18 Q You just talked about on redirect examination that on 19 July 18, 2019 you decided you had to tell the whole truth, 20 correct? 21 A Yes. 22 Q That was after you had been interviewed several times 23 by Ms. Joan Illuzzi? 24 MS. HAST: 25 THE COURT: Objection. Overruled. Page 1941 1 Q And it's fair to say -- 2 THE COURT: Was there an answer? 3 A Yes, I had met with her a couple of times before that. 4 Q And those were those one hour interviews you spoke to 5 us about, correct? 6 A Yeah. 7 Q And during those interviews, whether it was Ms. Illuzzi 8 or Ms. Hast, they always told you they wanted you to tell the 9 whole truth, correct? 10 A I would assume so. 11 THE COURT: Well, did they use those words? 12 A I don't remember them using those words, no. 13 Q The ADA's from the New York County D.A's Office 14 thoroughly interrogated you, correct? 15 MS. HAST: 16 THE COURT: 17 18 Q Objection. Sustained. The ADA's from the New York County District Attorney's Office questioned you on several occasions, correct? 19 MS. HAST: 20 THE COURT: Objection. Overruled. Was there an answer? 21 A Yes. 22 Q And they were asking you specifically about Harvey 23 Weinstein, correct? 24 A Yes. 25 Q And before July the 19th of -- July 18th of 2019, you Page 1942 1 never told them about what happened in the Soho house, correct? 2 A I never told anyone. 3 Q Right, including the prosecutors, correct? 4 A Yes. 5 Q All six prosecutors you had spoke to, correct? 6 7 MS. HAST: A Objection. I don't know. 8 THE COURT: Sustained as to the number. 9 Q You didn't tell these particular prosecutors, correct? 10 A Correct. 11 Q You didn't tell the prosecutors before them, correct? 12 A Correct. 13 Q And you didn't tell CNN, NBC, MSNBC, or the New York 14 Times about what happened in the Soho Hotel, correct? 15 A Correct. 16 Q And when you talked about, withdrawn. 17 This case was supposed to go to trial originally in September, correct? 18 A Yes. 19 Q When you met with them on July the 18th of 2019, that 20 was in preparation for trial, correct? 21 A Yes. 22 Q The trial that was supposed to start in September, 23 correct? 24 MS. HAST: 25 THE COURT: Objection. Sustained. Page 1943 1 Q That was the first time, six weeks before trial was 2 supposed to start, that you told anyone about what happened in 3 the Soho Hotel, correct? 4 MS. HAST: 5 THE COURT: 6 Q Objection. Sustained. You just said on redirect that in the Intercontinental 7 Hotel when Mr. Weinstein propositioned you and you laughed and 8 you thought he was kidding, that is because you thought that was 9 his sense of humor, correct? 10 A Yes. 11 Q This was a few days after you testified he put his 12 13 fingers inside your vagina, correct? A 14 No. MS. HAST: Objection. 15 Q This is not a few days? 16 A No, it was not. 17 18 THE COURT: Q Hold on, sustained. It was a few weeks? 19 MS. HAST: 20 THE COURT: Objection. Wait until I rule. 21 A Sorry. 22 Q Was it a few weeks? 23 24 25 THE COURT: Q Sustained. What was the time period between the Soho event and the Intercontinental event? Page 1944 1 MS. HAST: 2 THE COURT: 3 MR. AIDALA: 4 Beyond the scope of redirect. She just said she thought it was a joke because that was his sense of humor. 5 THE COURT: 6 7 Objection. I did not rule that was beyond the scope of redirect. Q So, what was in the front of your mind when you thought 8 he was telling a joke was his sense of humor, and not his 9 fingers inside your most personal space on the planet, correct? 10 MS. HAST: 11 THE COURT: 12 13 Q Objection. Sustained, don't answer. When you were alone with just him and Bonnie in the hotel room in a robe, you thought he was joking? 14 MS. HAST: 15 THE COURT: Objection. Well, asked and answered, but you can 16 answer that with a yes or no, or say I cannot answer that 17 with a yes or no, that you thought he was joking? 18 A Yes. 19 Q And you just testified that before the Intercontinental 20 Hotel, he had never spoke to you specifically about anything 21 sexual, correct? 22 MS. HAST: 23 THE COURT: 24 25 Q Objection. Sustained. Did you just testify on redirect examination that before the Intercontinental Hotel, he propositioned you and you Page 1945 1 laughed that he had never spoken to you specifically in a sexual 2 manner? 3 MS. HAST: 4 THE COURT: 5 Q Objection. Sustained. Isn't it true that you just told the prosecutor that 6 before the proposition at the Intercontinental Hotel, he had 7 never talked to you in a sexually, specifically sexual manner? 8 MS. HAST: 9 THE COURT: 10 11 Q Sustained. When Mr. Weinstein propositioned you, you thought he was kidding, correct? 12 MS. HAST: 13 THE COURT: 14 Objection. Q Objection. Sustained. And when Mr. Weinstein -- withdrawn. It is your 15 testimony that weeks after Mr. Weinstein physically violated 16 you, you were okay going to his room when he opened the door in 17 a bathrobe? 18 MS. HAST: 19 THE COURT: 20 MR. AIDALA: I have nothing further. 21 THE COURT: Thank you very much for your 22 Objection. Sustained. testimony, you may step down, you are excused. 23 People, call your next witness. 24 MR. CHERONIS: 25 the next witness? Can I approach for a moment before Page 1946 1 THE COURT: You want to speak? 2 MR. CHERONIS: 3 THE COURT: 4 MR. CHERONIS: 5 ( Witness exits courtroom). 6 THE COURT: 7 People, who are you calling? 8 MS. HAST: 9 THE COURT: With Ms. Hast briefly. About this witness? Not this witness, sorry. All right, let me ask a question. Lincoln Davies. Step up. 10 ( Conversation held off the record). 11 THE COURT: People, who are you calling? 12 MS. HAST: The People call Tarale Wulff. 13 THE COURT: 14 COURT OFFICER: 15 ( Witness enters courtroom and is sworn in). 16 COURT OFFICER: 17 18 21 22 Witness is entering. State your full name and spell your last name. A 19 20 Okay. Tarale Wulff, W. U. L. F. F. COURT OFFICER: A Give your county of residence. Kings County. THE COURT: If you can lift that mic up just a little bit, it does not work very well. 23 Listen carefully to the questions from the 24 Assistant District Attorney and answer her questions to the 25 best of your ability. Page 1947 1 Answer them loudly, clearly, and slowly. 2 full and complete responses to all questions, but try not 3 to volunteer any information that goes beyond her specific 4 questioned area. 5 Give On cross examination, Ms. Rotunno will ask you 6 questions in all likelihood. 7 courtesy you're about to give to the District Attorney. 8 Please give to her the same And to the extent you are comfortable responding 9 to either attorney's questions directly to the jury, you 10 may do that or just respond to whomever is asking you 11 questions at any given time. 12 If you are asked to view or review any exhibit in 13 evidence, you may do that without further permission from 14 the Court. 15 Try to keep your voice up and speak directly into 16 the microphone. 17 Please inquire. MS. HAST: 18 DIRECT EXAMINATION 19 BY MS. HAST: Thank you. 20 Q Good afternoon. 21 A I'm 43. 22 Q Where are you currently living? 23 A In Brooklyn. 24 Q I remind you, you are doing good, but keep your voice 25 up the whole time. How old are you? Page 1948 1 A Yes. 2 Q Are you working? 3 A I am. 4 Q What do you do? 5 A I'm a model. 6 Q What type of model, what type of things do you do? 7 A It is called fit modeling. Primarily I do a lot of 8 print and commercial work. Fit modeling is where they design 9 the clothing on me for my size and do corrections for design and 10 things of that nature, and otherwise commercial and print like 11 publications like JC Pennys or Polo and Target, things like 12 that. 13 Q Where were you born and raised? 14 A In Long Island, New York. 15 Q Who did you live with growing up? 16 A My parents were divorced when I was nine, I lived with 17 18 19 my father after that. Q Was your mother a part of your life growing up after the divorce? 20 MS. ROTUNNO: 21 THE COURT: 22 23 24 25 A Objection. Overruled. For a little while, yes, then no. She went her separate ways when I was a teenager. Q What was your relationship with her during your years growing up? Page 1949 1 MS. ROTUNNO: 2 objection. 3 THE COURT: 4 5 Q Sustained. Did your father ever remarry while you were living with him? 6 7 I'm going to make a continuing MS. ROTUNNO: A Objection, relevance. Yes. 8 THE COURT: Overruled. 9 Q How old were you when that occurred? 10 A About 16, 15, 16. 11 Q What was your stepmother like? 12 MS. ROTUNNO: 13 THE COURT: Objection. Sustained. 14 Q Did you have a relationship with your stepmother? 15 A Not well. 16 MS. ROTUNNO: 17 THE COURT: Objection. I'll allow it, move on. 18 Q How far did you go in school? 19 A I finished high school and I did, I took a break then 20 saved enough money to go to Community College for a year. 21 Q What were your hobbies and interests growing up? 22 A I considered myself an artist, so I made clothing, 23 sculptured, built things with wood. 24 hairstylist. 25 Q Eventually I did become a When you saved up to go to Community College, what were Page 1950 1 2 3 you studying there? A I was taking, I believe it was called creative literature and also a secondary in acting, theater. 4 Q When did you first start working? 5 A My first job? 6 Q Yes. 7 A I think I might have been 12 or 11, 12, selling things 8 9 10 after school, selling booklets after school. Q What types of jobs have you held during the past 20 odd years? 11 MS. ROTUNNO: 12 THE COURT: 13 14 A Objection, relevance. Overruled. Through high school I would work at local clothing stores or the mall. 15 I worked at a deli, a bagel shop. I eventually started 16 working at a hair salon sweeping and cleaning and answering 17 phones. 18 Then eventually just learning the trade. 19 Simultaneously I started working in night life as well as the 20 airport for medical benefits. 21 At that point when I became a member of the hair salon, 22 I stayed there, but simultaneously worked at night cocktail 23 waitressing. 24 Q Did there come a time you moved to New York City? 25 A Yes. Page 1951 1 Q How old were you? 2 A I believe I was about 28, 27, 28. 3 Q Around what year was that? 4 A I believe around 2004. 5 Q What made you decide to move to New York City? 6 A I had wanted to stop what I was doing in my career as 7 hairstyling and put more focus into acting. 8 Q Had you had any experience acting at that point? 9 A No. 10 Q Did you find a job when you moved to New York City? 11 A I did. 12 Q Where was that? 13 A At Cipriani Soho. 14 Q Where is that located? 15 A On West Broadway around Broome. 16 Q What were you hired to do there? 17 A I was a cocktail waitress. 18 Q And when you described earlier that you worked in night 19 20 life, what do you mean by night life? A Living in Long Island I worked at local places, 21 cocktail waitressing, sometimes they have you selling roses. 22 wanted to be a bartender but I never got hired, so they would 23 put me on the floor doing that, serving shots sometimes. 24 Q So night life meaning restaurants and clubs? 25 A Excuse me, yes, primarily nightclubs, not so much I Page 1952 1 2 3 4 5 restaurants. Q And Cipriani's Soho, what part, where were you hired to work at that location? A There is an upstairs venue above the restaurant that is simply a cocktail lounge, evening lounge. 6 Q What was that called or referred to when you got hired? 7 A Cipriani Soho Upstairs. 8 Q Around when did you start working at Cipriani Upstairs? 9 A I believe around I was 28, about 2005. 10 Q Can you describe what Cipriani's Upstairs was? 11 A It was a small venue, primarily created for the owner 12 to entertain his friends and colleagues and his clients, and the 13 elite of his group of friends. 14 15 It was considered a membership lounge where you had to be invited to be a guest there. 16 17 They have cards at one point, a membership card they can use to purchase things. It was pretty exclusive. 18 Q And when you say the owner, who was the owner? 19 A Giuseppe Cipriani. 20 Q What hours was the upstairs part of Cipriani's opened? 21 A It opened to the public, I believe it was 11 o'clock 22 until four a.m. 23 Q Was there a manager at the upstairs lounge? 24 A Yes. 25 Q What was his name? Page 1953 1 A Maurizio. 2 Q Just describe what your duties and responsibilities 3 were as a waitress at the lounge? 4 A We would arrive early, maybe eight o'clock or so, so we 5 could set up, flip the tables, clean the tables, fluff the 6 pillows, polish the silverware, the buckets, prep the bar, fold 7 napkins, just clean the place up and get it ready for service 8 the same way every night. 9 have family meal together. Light candles and we were allowed to 10 Q When the place was actually open, what did you do? 11 A Once clients started coming in, we would be either in 12 our sections assigned to us or in the vicinity, so either the 13 manager would walk them to their tables or we would go to the 14 door and greet the guests and walk them to the tables, hand them 15 the menu, let them know we would take care of them for the 16 evening. 17 Once they order their bottles, it was primarily a 18 bottle service venue, when they ordered their bottles, we have 19 one busboy help us set up, you know, the glasses and napkins and 20 straws, everything, and pour out the first round of drinks. 21 Once that happens, as co-host of the table to the owner 22 of the table, you would just make sure his guests were having a 23 great time, everyone had what they needed. 24 25 If we could not get it, we would ask if we could get it. Our job was to accommodate them, make them happy. Page 1954 1 Q What was the atmosphere? 2 A Pretty luxurious experience, very elite, a lot of 3 celebrities on every single night, especially in the earlier 4 years. 5 it would just get incredibly crowded. 6 And I mean it was a small venue and it would get packed; We actually would have to climb over people or the 7 furniture to get to a table. 8 of place like in energy. 9 10 Q It was a very celebratory big kind I'm going to show you what I previously marked as People's 95 through 98 for identification. 11 ( Handed to witness). 12 Q Do you recognize People's Exhibits 95 through 98? 13 A Yes. 14 Q What do you recognize those exhibits to be? 15 A This first one is the Cipriani restaurant downstairs 16 with the outdoor cafe and then the fire escape above it. 17 Q That would be Exhibit 95, look on the back. 18 A Yes, correct. Then 96 is the inside of the restaurant 19 downstairs with that stairwell with the red curtains that led up 20 to the kitchen which eventually led up to the upstairs lounge. 21 Q Looking at 97 and 98. 22 A Yes, that is the inside of the upstairs where I worked. 23 Q So, the photographs marked as People's 95 through 98, 24 do those fairly and accurately depict the layout of the 25 downstairs area of Cipriani and the upstairs lounge back when Page 1955 1 2 you were working there in 2004, 2005? A Yes. 3 MS. HAST: 4 I would like to admit into evidence People's 95 through 98. 5 MS. ROTUNNO: 6 THE COURT: 7 8 9 No objection. They are received into evidence. Next question. Q If we can pull up People's Exhibit 95. Describe what that picture is? 10 A That is Cipriani's restaurant downstairs. 11 Q Can you see in that picture where the upstairs lounge 12 would be? 13 A Yes, it is sort of identical in shape, so it is 14 replicated upstairs with the exception of that fire escape would 15 drop down and you could walk up that way to get upstairs which 16 led you to where that open cafe would be downstairs. 17 Upstairs would be sort of a terrace, and just beyond 18 that would be the similar glass doors, then the lounge of 19 couches and small tables, then like I said, through the 20 restaurant is that other entryway that comes up the back of the 21 lounge. 22 Q Is the lounge the second story above? 23 A Yes, I believe it is right above, yeah. 24 Q And going to the next picture, People's Exhibit 96, 25 what is this a photograph of? Page 1956 1 A This is the interior of Cipriani's downstairs. 2 Q You were describing a second stairwell that led 3 upstairs to the lounge, can you see that in this photograph? 4 A I do. 5 Q Indicate where that is located on the photograph? 6 A It is at the end of the bar behind that red curtain. 7 Q When the lounge was opened, could people enter both 8 from the stairwell inside the restaurant as well as from the 9 fire escape that was directly outside of the restaurant? 10 A You could go through the restaurant to go up that way. 11 At a certain time if you came early, at a certain time when the 12 stair was dropped down, you had to enter that way because it was 13 restaurant service happening. 14 15 Q A 17 work. 18 Q 20 If you could describe what this is a photograph of? 16 19 So now, going on to People's 97. This is the inside of Cipriani's upstairs where I did How, if at all, was the inside different when you were working there from this photograph? A This is very empty, this is most likely, I think it is 21 a private event because I see the banners in the back which are 22 not normally there, and they have a logo on them. 23 really bright and very empty. 24 25 Q So this was Generally, when you were working, what was the lighting like inside the lounge? Page 1957 1 A 2 possible. 3 as possible and would have just candles on the table. 4 5 Q We usually dimmed the lights down to as low as The sconce on the side, we would dim them down as low I don't know if you described this yet, what was there was referred to as the owner's table? 6 A Yes, and owner's section. 7 Q Describe what that is? 8 A No one else was allowed to sit there unless they came 9 in with Giuseppe or somebody we knew was a family, a relative, 10 close friend. 11 somebody of Giuseppe, they were allowed to sit there without his 12 representation. 13 14 Q If we were already told and we knew that it was Can you see where the owner's section or table is in this photograph? 15 A Not in this photograph. 16 Q Where in relation to that photograph would it have 17 been? 18 A 19 If you follow the banquet further back, it would be against the glass doors where you first walk in. 20 Q In this photograph, it would be sort of going towards 21 the back left-hand side off the back left-hand side of the 22 photograph? 23 A Yes, correct. 24 Q Going to People's Exhibit 98, what is this a photograph 25 of? Page 1958 1 2 3 A This is a charging bull that sat on the corner of the Q Can you see or can you orient the jury as to where that bar. 4 entrance from inside the restaurant would be based on this 5 picture? 6 A 7 8 9 The inside entrance that was behind the curtain would lead to where that gentleman is in the side of the photograph. Q That would be the gentleman on the far right-hand side of the photograph basically in the middle? 10 A Correct, that is the door. 11 Q How long did you work at the upstairs lounge? 12 A About two years. 13 Q Why did you leave? 14 A I had a falling out with the manager. 15 Q Did there come a time while you were working at the 16 lounge that you became aware of somebody named Harvey Weinstein? 17 A Yes. 18 Q Can you describe how you became aware of him? 19 A He was a guest of the owner. 20 Q Did you know anything about him at that time? 21 A I knew that he was involved in movies, I knew he made 22 movies. 23 Q Did you personally interact with him? 24 A I did. 25 Q Do you see him here in the courtroom today? Page 1959 1 MR. CHERONIS: 2 THE COURT: 3 MS. HAST: 4 Stipulate, your Honor. Okay, next question. I don't think she answered whether or not she saw him. 5 THE COURT: 6 They said so stipulated. Do you see him here? 7 A I do. 8 Q Back in 2004, 2005, how tall were you? 9 A Five 10. 10 Q How much did you weigh? 11 A Maybe like 125. 12 Q I'm going to show you what I previously marked as 13 People's Exhibit 12 for identification. 14 15 16 ( Handed to witness). Q Do you recognize People's Exhibit 12 for identification? 17 A I do. 18 Q What do you recognize that to be? 19 A Myself and Maurizio. 20 Q Does that fairly and accurately depict what you and 21 Maurizio looked like back when you were working at the lounge in 22 2004, 2005? 23 24 25 A Yes. MS. HAST: People's 12. I would like to admit into evidence Page 1960 1 THE COURT: 2 MS. ROTUNNO: 3 THE COURT: 4 MS. HAST: 5 Q Any objection? No. 12 is received into evidence. I'll publish that for the jury. I'm going to show you what is already in evidence as 6 People's Exhibit One. Do you recognize the person standing on 7 the red carpet on the far right-hand side of the photograph? 8 A I do. 9 Q Who do you recognize that to be? 10 A Harvey Weinstein. 11 Q Does that fairly and accurately depict what he looked 12 like back in 2004, 2005? 13 A It does. 14 Q Can you describe for the jury the first time you 15 remember having a specific interaction or conversation with 16 Harvey Weinstein? 17 A I was assigned to the owner's section, and I recall him 18 sitting down. 19 seeing him sitting down. 20 I don't remember him walking in, but I remember I went to bring him his drink. And during the service 21 of putting down the drink or the napkin, he had asked what I 22 did, and he asked me if I was an actor. 23 24 25 I said I was an actor. And he said that you have a great look, you should come talk to my people, and I continued my service. Q Was he participating in the party atmosphere you Page 1961 1 described earlier? 2 A No, not really, he just sat there. 3 Q Do you recall sort of who else was at the owner's table 4 at that time? 5 A I don't. 6 Q Do you recall if you exchanged contact information with 7 8 9 him during that period of time? A At some point there was an exchange, I just don't remember who gave who contact information. 10 Q And you had told him that you were an actor? 11 A I did. 12 Q Were you an actor at that point? 13 A No. 14 Q Did you have aspirations of becoming an actor at that 15 point? 16 A Yes. 17 Q Did you have a further interaction with him that night? 18 A Yes. 19 Q Can you describe that for the jury. 20 A I was standing at the front by the bar, somewhere in 21 the center and I was cleaning. 22 have gotten up and walked from the owner's table towards that 23 back door and had grabbed my arm to go with him. 24 through the door. 25 I had a rag in my hand. He must And he walked It is not terribly unusual for people to do that Page 1962 1 because it is so dark inside and incredibly noisy, people have a 2 tendency to speak outside in the hallway. 3 As he past through the door, into the hallway, he had 4 made a left to go up the stairs, and we went up. 5 short flight and as we got to the first landing, I looked back 6 at the door, I saw Maurizio standing at the door, and he kept 7 walking me upstairs, and Maurizio saw me but then he shut the 8 door and went back inside. 9 There was a And I was brought upstairs to the top landing where we 10 have our lockers and our coats, and he had past that to go 11 through a door which led to our ice machines. 12 It is fairly lit, but that area we don't use, we just 13 go there for ice, and he had walked past the ice machines around 14 them to what is an unused terrace, primarily filled with 15 construction and tarps and just very dark, and he had walked me 16 around there and stopped. 17 18 Q I'm going to first pull up People's Exhibit 98. 19 20 I'm going to take you back for a moment. Can you see the general area where you were standing when the defendant approached you? 21 A Yes. 22 Q Can you point or maybe describe where that is in the 23 photograph? 24 A Where I would say between the two candles. 25 Q Would that be on the far right? Page 1963 1 A The right-hand side. 2 Q Far right-hand side of the photograph? 3 A Correct. 4 Q Where you can see sort of going from the bottom up 5 there is a first and second candle approximately between those 6 two candles, right where the Getty images gray section is? 7 A Correct. 8 Q Were you sort of by behind the bar or on the side of 9 the bar that is part of the lounge? 10 A I was on the outside of the bar on the floor. 11 Q Do you recall what you were doing at that point? 12 A I was wiping down the bar. 13 Q And just describe physically what the defendant did 14 when he approached you? 15 A I just felt somebody take my arm and just keep walking. 16 Q What did you think he was doing at that point? 17 A I thought he was going to talk to me in the hallway 18 about talking to his people and that was it. 19 Q Did he say anything when he approached you and took 20 your arm? 21 A No. 22 Q And the area that you described that you first went out 23 into, can you describe again that area, what you see once you 24 exit the lounge? 25 A When you walk through the doors, it immediately gets Page 1964 1 bright. 2 It is a direct hallway to the bathrooms, a long hallway to the 3 bathrooms. 4 Q 5 6 The hallway is a soft yellow, the lights are bright. If you could also describe as you go up the stairs, the different areas located going upstairs? A When you go up the short -- it is broken up landings. 7 So, the first one leads you to the kitchen, and we do have food 8 service part of the evening. 9 So, sometimes there will be people in there or at least 10 cleaning the dishes that we use. 11 kitchen. 12 So there are people in that Then if you go up another broken flight, there is a 13 small landing with, oh, there is a landing with the office where 14 we punch in and another short landing flight, excuse me, with 15 our lockers. 16 17 Q And after the area where your lockers are, can you continue up the stairs from that locker area? 18 A No. 19 Q So what else is on the area with the lockers? 20 A Just past our lockers is a door, a heavy metal door 21 with a little I think window there. 22 it is the terrace. 23 24 25 Q But when you go out that, What did that sort of terrace area look like at the time this evening you were describing? A It is unused. It is an unfinished construction site Page 1965 1 that never got built. 2 is old ladders, and those big vents with the fans in them. 3 I don't know a lot of what is there, it Honestly, it was always black, you could not really see 4 anything unless you went in the daytime. 5 terrace just like the floor below. 6 And there was like a So there was lighting from the street lights but it was 7 blocked by tarping and the awning and -- all we have is our ice 8 machine which had a light overhead and that was it. 9 10 Q Had you ever been up in that area with a customer before? 11 A No. 12 Q Now, as you are going up those stairs, can you just 13 describe physically what if anything the defendant is doing with 14 respect to you? 15 16 A follow. 17 Q 18 your arm? 19 A 20 21 22 23 24 25 I just remember him walking and holding my arm to Is there any point in time that he lets go, lets go of Once he got me around the other side of the ice machines, he had let go once, he kind of guided me to stop. Q And as he was leading you upstairs, what did you think, why did you think you were going upstairs? A I thought he would talk about what he said inside the lounge, I didn't know. Q Can you describe what his demeanor was like as he took Page 1966 1 your arm and was leading you up the stairs? 2 3 A he knew where it was. 4 5 I mean, he was pretty sure footed, he just went up like Q When you get to that unfinished area, describe what happens at that point? 6 A When we get to the unfinished area, he had just 7 directed me to stand in front of him. 8 in front of him. 9 10 Q So, at that point, where were you in relation to the stairwell to get back down to the lounge? 11 A 12 exit. 13 Q 14 He pulled my arm so I was Now I was in front of him and he was between me and the So, at that point were you actually facing sort of where the exit would be? 15 A Yes. 16 Q What were you facing, what was directly in front of 18 A Him. 19 Q How big a space was that area from side to side? 20 A Honestly, it was so dark, I don't know what was on the 17 you? 21 ground. I just know there was the ice machines right to our 22 left like the wall, ice machines, and you know, there was I 23 think a wall behind me. 24 there were structures, construction. 25 could only go to my left. I don't know what was here, but I know So for me, it was only I Page 1967 1 Q Just describe when you say left, if you are facing the 2 stairwell to your left-hand side, if you are facing the 3 stairwell, what was to that side? 4 A The ice machines, the backs of the ice machines. 5 Q Then to your right when you are facing the stairwell, 6 what was to the right of you? 7 A The vents, construction things, ladders. 8 Q What was directly behind you? 9 A A wall. 10 Q What happened at that point? 11 A Once he had me in front of him, at some point I said I 12 have to get back to work, and he said one second, one second. 13 Kind of makes me wait. 14 moving. 15 And I noticed that his shirt started He had on, I believe, a white shirt and I noticed that 16 his shirt started moving, and I realized he was masturbating 17 under his shirt. 18 threw the towel and ran past him. 19 20 Q And I just froze for a second, then I just And when you were describing his shirt, was that shirt tucked in or untucked? 21 A It was untucked. 22 Q You said after, at some point you said I have to go 23 back downstairs. 24 A 25 stopped. Can you describe at what point that was? It was shortly after he got me, shortly after we Page 1968 1 Q Did anything else happen in between when he kind of 2 turned you and you stopped, and you saying I have to go back 3 downstairs? 4 A I don't recall. 5 Q And you described that you realized he was 6 masturbating. 7 A What did you see that made you realize that? I saw the motion of his shirt and his hand was in that 8 direction under his shirt, and I saw the motion of his shirt 9 going up and down. 10 Q And what if any motion did you see of his hand? 11 A I didn't see his actual hand. 12 hand moving up and down. 13 14 Q Did he say anything at the point that you saw his hand under his shirt and his shirt going up and down? 15 16 I saw the shirt over his A The only thing I remember him saying was wait a second, give me a minute, I'll be a second. 17 Q What did you do at that point? 18 A I did freeze for a minute, and I just kind of looked 19 off and then when I broke out, I was able to throw the towel and 20 run. 21 Q Did you see where he was looking? 22 A I was not looking at him. 23 Q And how did you get past him at that point? 24 A I just scooted around his right. 25 Q You scooted around his right? Page 1969 1 A His right. 2 Q And what did you do at that point? 3 A I ran back to the bar and I asked the girls to take my 4 5 6 section and I just stood by the service station. Q As you were sort of trying to get or did get by him, you said to his right? 7 A His right. 8 Q Just again, what was next to him or between him and -- 9 A The wall from the stairs and the back of the ice 10 machines. 11 Q So, where was he in relation to the ice machines? 12 A He was next to them as well. 13 Q What did you do when you returned back down to the 14 15 16 lounge? A I just ducked behind the service station and asked the girls to take my tables. 17 Q Did you continue working other tables? 18 A Eventually, yeah. 19 Q Did you tell the girls why you wanted them to take your 20 table? 21 A No. 22 Q Did you speak to Maurizio when you got back downstairs? 23 A No, not about that, no. 24 Q Did you tell him what happened? 25 A No. Page 1970 1 Q Why not? 2 A I didn't want to start trouble, it was embarrassing. 3 Q Did you see the defendant return into the lounge? 4 A I don't remember seeing him coming back in. 5 Q Did you have any further interactions with the 6 defendant that night? 7 A No. 8 Q What was the defendant's relationship with your boss, 9 the owner of the lounge? 10 A They were friends. 11 Q When the defendant came to Cipriani, where would he 13 A At Giuseppe's table, the owner's table. 14 Q Had you had any other similar experiences with the 12 15 16 sit? clientele at Cipriani? A No. 17 MS. ROTUNNO: 18 THE COURT: 19 20 Q Objection. Overruled. Did you have any interest in Harvey Weinstein romantically? 21 A No. 22 Q Did you have any interest in Harvey Weinstein sexually? 23 A No. 24 Q Did you act interested in Harvey Weinstein romantically 25 or sexually in any way? Page 1971 1 A No. 2 Q Following that night at Cipriani, did you end up 3 hearing from someone from the defendant's company? 4 5 THE COURT: Let's take a break there so we can discuss other matters. 6 If you would be good enough to step down and wait 7 in the witness room for further instructions from the 8 District Attorney. 9 ( Witness exits courtroom). 10 THE COURT: Be back here prior to 2:15. We will 11 take our lunch break now, the attorneys and I will discuss 12 a couple of things that come up naturally. 13 14 Please remain mindful of all my prior admonitions and instructions. 15 During this or any other recess, keep an open 16 mind. Do not form an opinion as to the guilt or innocence 17 of the defendant. 18 Do not discuss this case among yourselves or with 19 anyone else, or allow anyone to discuss it in your 20 presence. 21 Refrain from any and all research and 22 communications, electronic or otherwise, about anything to 23 do with the case, that includes any press or media or 24 social media whatsoever. 25 here prior to 2:15. Have a great lunch, see you back Page 1972 1 ( Jury exits courtroom). 2 THE COURT: 3 4 All right, who wants to go first about Lincoln Davies? MR. CHERONIS: Sure. The State indicated, they 5 had indicated initially they were calling him as a prompt 6 outcry witness. 7 I showed the Court the instructions, the law on 8 prompt outcry. 9 described by Ms. Dunning, not at all. 10 It was not an alleged sexual assault as In fact, if you take her testimony in the light 11 most favorable to her, what she said was there was a 12 proposition that was made. 13 yelled at. 14 She rejected that and she was There was no force, there was no attempted 15 grabbing, there was nothing that even in the State's 16 generous use of the term attempt, that could show this was 17 an attempted sexual assault. 18 19 It just was not. It is our position the prompt outcry rule does not apply and he should not be allowed to testify to that. 20 She already testified she did not tell anybody, 21 including her fiance, about her alleged initial incident 22 with Mr. Weinstein at the Soho Hotel two weeks prior. 23 So, although the State is now trying to re 24 categorize Mr. Davies as some form of corroborative witness 25 short of an outcry, we think that too is not relevant and Page 1973 1 they are really trying to get in a prompt outcry when it 2 does not apply in this situation. 3 Therefore, we made our motion at the bench, the 4 Court tended to agree with us, and the State asked several 5 more times to try to get it in, as I'm sure they will do 6 now. 7 8 He's not an outcry witness and not relevant to the testimony here and should not be allowed to testify. 9 THE COURT: 10 11 MS. HAST: People, what is your position? So Judge, there are several reasons why Lincoln Davies's testimony is relevant. 12 First, he is an outcry. It was an attempted 13 sexual assault. 14 as she described him as getting up, and she was being very 15 scared. 16 and escapes, hence, the attempted sexual assault. 17 And so therefore, the fact she runs home 18 immediately and tells Lincoln Davies about it, he should be 19 able to testify about that fact. 20 He started screaming at her. He was almost over the top of her. His demeanor She runs out Secondly, the defense did cross examine Dawn 21 Dunning extensively about the idea this was recently 22 fabricated. 23 They insinuated she did it for the publicity. How 24 many questions were asked on cross examination about the 25 different TV programs, about how public they were, how she Page 1974 1 told the whole word about it. 2 One of them was even an international TV program. 3 And the reason for her making up this story in what they 4 are insinuating is because she was somehow getting 5 publicity out of it. 6 They went into the fact she got an attorney and 7 did she know she could sue him now because of the criminal 8 case; again, inferring she was making this up for some 9 benefit now that she had a reason now to fabricate what she 10 was saying. 11 12 So, the prior consistent statement she makes to Lincoln Davies is therefore admissible. 13 14 THE COURT: What is the statement she makes to Lincoln Davies? 15 MS. HAST: She comes running back to the 16 apartment, takes a cab, comes into the apartment. 17 upset, first angry, she becomes very upset. 18 it she's crying. 19 but she had gone to meet Harvey Weinstein. 20 up at the hotel room. 21 had demanded a threesome, and she ran out of the hotel room 22 escaping, and she was very, very distraught, she was upset, 23 angry, and then as she got through the story, started 24 crying. 25 She's By the end of Tells him she had gone, he already knew, That she showed He was in the open robe, and that he So third, just like if this witness ran out of a Page 1975 1 hotel room and some doorman saw she was very upset and 2 crying, would be admissible and relevant. 3 4 Her returning straight home and his observations of her demeanor are relevant testimony. 5 And to place that time, it is necessary to at 6 least elicit from Mr. Davies it was in response to an 7 incident that she had with Harvey Weinstein. 8 coming home from a meeting that she had with Harvey 9 Weinstein. 10 She was Additionally, he can testify to, it is extremely 11 relevant, that prior to that moment when she came home very 12 upset and crying, she had a relationship with, a 13 professional relationship with Harvey Weinstein where he 14 was trying to get her parts in movies, and Lincoln attended 15 a few events with her at the invite of Harvey Weinstein, 16 and after that, she stopped trying to pursue a professional 17 acting career and no longer had any interaction with Harvey 18 Weinstein. 19 20 MR. CHERONIS: In response, your Honor. you heard the testimony of Ms. Dunning. 21 They cannot fit this into an attempted sexual 22 assault. 23 testified to, that is first. 24 25 I think That is not what it was, that is not what she Second, the cross examination regarding Ms. Dunning was as to her not mentioning the initial alleged Page 1976 1 action that she testified to today. 2 this is offered properly to rebut her claim of recent 3 fabrication and it is extrinsic evidence. 4 THE COURT: 5 MR. CHERONIS: 6 THE COURT: 7 MR. CHERONIS: So we do not think Say that again. It is extrinsic evidence. Right before that. We are not offering it to rebut her 8 claim of recent fabrication. 9 extraneous evidence on a collateral matter. 10 MS. HAST: They are trying to introduce Judge, just the questions about whether 11 or not she had a lawyer and whether or not she was suing 12 Harvey Weinstein have nothing to do with the fact she did 13 not tell about a first incident initially. 14 The questions about the fact she's known all over 15 the world now and she now has all this publicity, and 16 before when she was trying to be an actor she had no movies 17 and was not public in any way. 18 Now she's all over TV. That has nothing to do with the fact she did not 19 tell about the first incident. 20 about the insinuation she was now making this up because 21 she wanted to be public or known, have her moment in fame, 22 or she was suing Harvey Weinstein. 23 THE COURT: 24 (Lunch recess taken) 25 That has everything to do All right, see you 2:15, thank you. Page 1977 1 (A luncheon recess was taken.) 2 (After the luncheon recess, the following 3 occurred:) 4 5 *** A F T E R N O O N 6 7 (The trial continued.) COURT OFFICER: 8 9 10 11 12 S E S S I O N. Jury entering. (The jury entered the courtroom and the following occurred:) THE CLERK: Case on trial continued. All parties are present. Do the parties stipulate that the jury is present 13 and properly seated? 14 THE COURT: 15 MS. ILLUZZI: 16 THE CLERK: 17 MR. CHERONIS: 18 THE COURT: 19 Welcome back and we are recalling the witness. 20 MS. HAST: Recalling Tarale Wulff. 21 SERGEANT: Witness entering. 22 The People. The People stipulate? Yes. The defense? Yes. I hope everybody had a good lunch. (Witness entered the courtroom and was 23 properly seated.) 24 THE COURT: 25 All right. Welcome back Ms. Wulff. I remind you you are still under oath. The same rules Page 1978 1 apply. Apparently, we are going to switch microphones and 2 go to the handheld, okay. 3 Please inquire. 4 MS. HAST: Thank you. 5 DIRECT EXAMINATION 6 BY MS. HAST: 7 T A R A L E 8 called as a witness, being previously sworn, was examined and 9 testified further as follows: 10 11 Q I am going to take you back, briefly, to the incident you were describing at Cipriani's. 12 13 W U L F F, At some point prior to being led up the stairs, did you exchange contact information with the defendant? 14 A Inside the venue, yes. 15 Q Did you hear from someone from the defendant's company 16 after that night? 17 A Yes. 18 Q Can you describe that for the jury? 19 A I had contact with a woman. I don't remember her name 20 and she was setting up an appointment for me to come in and 21 read. 22 Q 23 24 25 And when you say, come in and read, just sort of describe what you mean by that, what your understanding was? A I was under the impression that I was reading a part or auditioning for a part. Page 1979 1 Q And did you accept that meeting or that invitation? 2 A I did. 3 Q Why? 4 A Um, because it was an opportunity to meet a casting 5 director. 6 Q 7 about that opportunity? 8 9 And can you describe for the jury how you were feeling A I mean, it was my first conversation with an official person, um, so I was nervous. I was inexperienced and nervous, 10 maybe a little excited but more nervous because I didn't have 11 any resume or anything to offer. 12 Q Where was the meeting scheduled to take place? 13 A At the Weinstein offices in, I think it was in 14 Greenwich. 15 Q I am sorry. 16 A Greenwich Village area I think. 17 Q And did you go to that meeting at the Weinstein 18 offices? 19 A I did. 20 Q And do you recall how close in time to the incident 21 you described at Cipriani's that meeting was? 22 A 23 meeting. 24 Q 25 Where? for? It wasn't -- it wasn't very long after but it wasn't a It might have been a week or two. Do you recall what time the appointment was scheduled Page 1980 1 2 A I don't remember the time but I remember it was sunny. Um, it was a sunny day so it was like in the afternoon. 3 Q So was it during sort of normal business hours? 4 A Yes, normal business hours. 5 Q Do you recall how you were dressed for the meeting? 6 A I don't remember what I was wearing. 7 Q Describe for the jury what happened when you arrived 8 9 at the offices, at The Weinstein Company offices? A I remember walking in and walking into the office area 10 and it wasn't like a super busy space but I remember being 11 greeted and told to wait a moment. 12 And then shortly after somebody came back, a woman 13 came back to get me and just sat me in a room, an empty room 14 that had a desk and gave me an orange envelope. 15 16 17 18 Q And do you recall anything about what the weather was like the day of the meeting? A It was warm. I just remember -- I remember it being sunny and warm, like a spring day. 19 Q 20 envelope? 21 A Yes. 22 Q Can you just describe the envelope? 23 A It was the kind that opens on the top with the two 24 25 And you had said that a woman had given you an prongs and it had a label on one side of it. Q Do you recall anything about the label? Page 1981 1 A It had the name of a title of, I guess, a script. 2 Q What was the title? 3 A Pulse. 4 Q Were you told at some point what part you were 5 expecting to read for in the movie Pulse? 6 A 7 Isabelle. 8 Q 9 I was told I was supposed to read for Isabella, And the room that you were brought to, were you in that room alone or with other people? 10 A I was by myself. 11 Q And just describe what the room looked like? 12 A It was just an empty office space. 13 much in there. 14 facing the desk with the door behind me. 15 16 Q There wasn't very I just remember the desk and I remember sitting What were you doing in the room after you got placed there with the envelope? 17 A Just waiting. 18 Q Describe how you were feeling at that point? 19 A Still nervous about what she was going to ask me. 20 didn't know if I was going to have time to prepare or what 21 preparation technically is. 22 expect actually. I I didn't really know what to 23 Q What happened next while you were in that room? 24 A Someone, a woman came to the door and said that Harvey 25 wants to see you. So I got up and I walked with her and then Page 1982 1 she said, there is a car waiting for you downstairs. 2 followed her instructions and went outside. So I just 3 Q Did you bring the envelope with you? 4 A No. 5 Q And how were you feeling at this point when you were 6 told that Harvey Weinstein wanted to see you? 7 A I wasn't expecting that so I was a little bit taken 8 back but she knew where I was going and I just -- I just did 9 it. 10 11 I just went. Q Do you know where you were going at that point other than to see Harvey Weinstein? 12 A No. 13 Q Did you ask any questions about where you were going? 14 A No. 15 Q So what happened next? 16 A When I got downstairs there was a car waiting for me 17 and the gentleman opened the door, the driver, and put me in 18 the back seat. 19 20 Q Was there anybody else in the car besides the driver and yourself at that point? 21 A No. 22 Q Where did you think you were going? 23 A I kind of thought a coffee shop. 24 shop. 25 Q What happens next? I figured a coffee Page 1983 1 A He was driving around a little bit, a few turns here 2 and there and then eventually he pulled up to a building and 3 said, you know, told me this is where we are going. 4 believe he told me what floor to go to and directed me how to 5 get in. 6 Q 7 that trip? 8 A 9 10 11 12 13 Did you have any conversation with the driver during Light banter, light. He was nice. I remember him being pleasant. He was friendly. It was just like conversation but nothing other than that. Q Do you remember anything about the building he took you to, the outside part of the building? A I just remember the outside. 14 glass out front. 15 it was -- it was a Soho street. 16 And I Q I just remember just There wasn't a lot of foot traffic either but And I am going to show you what I have previously 17 marked for identification as People's Exhibits 71 through 73 18 and also People's Exhibit 7. 19 (Handed to the witness.) 20 THE WITNESS: 21 COURT OFFICER: 22 Q Thank you. You are welcome. And just to go back, you had said earlier that, I 23 believe, you started working at Cipriani's in the warm months 24 of 2004? 25 A Yes, yes. Page 1984 1 Q And then this where we are now, when you go to meet 2 with the defendant to read a script, that's in the warm months 3 then of the following year then 2005? 4 A Correct. 5 MS. ROTUNNO: 6 THE COURT: 7 8 9 Objection to the leading, Judge. Overruled as to that specifically but noted. BY MS. HAST: Q So just focusing your attention back to the exhibits I 10 handed up to you, People's Exhibits 73 through 75 and 7 for 11 identification. 12 and 7, do you recognize those four exhibits? Do you recognize those -- sorry, 71 through 73 13 A I do. 14 Q What do you recognize them to be? 15 A The place where I was dropped off. 16 Q And do those exhibits fairly and accurately depict 17 what the building structure looked like when you were dropped 18 off back in the warm months of 2005? 19 20 A They do. MS. HAST: At this point, I would like to move 21 into evidence People's Exhibit 7 and People's Exhibits 71 22 through 73. 23 MS. ROTUNNO: No objection. 24 THE COURT: 25 Next question. Those are received into evidence. Page 1985 1 2 Q And if you can just describe for the jury what you see here? 3 4 I am going to ask to put up on the screen 71. A Um, I see a building, a storefront and another storefront, a building with an awning, metal awning. 5 Q And what is that depicting? 6 A The building where I was left off. 7 Q So that is the front part of that building? 8 A Correct. 9 Q Would that be the door that has the number 76 on the 11 A Correct. 12 Q And People's Exhibit 72. 10 13 The one on the right, the right side door. top? If you can just describe what that is? 14 A That's the door that I had went through. 15 Q So is that just a closer up view of what we just saw? 16 A Correct. 17 Q And People's Exhibit 7. 18 A That's the elevator I was told to go into. 19 Q And looking at People's Exhibit 73. 20 A That is the lobby area that I went into. 21 Q Sorry just going back to seven again. 22 That is? Can you see there the elevator that you took? 23 A Yes. 24 Q And that would be sort of the elevator that's in the 25 center of that photograph? Page 1986 1 A Yes. 2 Q Now, did anybody ask you to audition before you were 3 sort of redirected to go meet with the defendant? 4 A No, no not with that script. 5 Q Were you suspicious of that? 6 A No. 7 Q Why not? 8 A I trusted -- I trusted the woman who told me -- I 9 Were you concerned? figured I would be coming back to meet her. She knew where I 10 was going and I would be coming back shortly to audition with 11 her. 12 Q At that point, had you been on any audition before? 13 A No. 14 Q Describe for the jury what happens once you get into 15 16 that lobby area? A I went to the elevator and went to the floor that I 17 was told to go to and the elevator opens up into a space. 18 opens into the room. 19 Q Is that into an actual apartment? 20 A Yes, it opens into an actual apartment. 21 a hallway. 22 23 MS. ROTUNNO: 24 25 THE COURT: Q It's not just Judge, can Ms. Hast stop testifying? Okay. Do you recall the floor that you went to? It Page 1987 1 A I don't remember the floor number. 2 Q Describe what happens once the elevator opens up? 3 A I stepped into the space out of the elevator which is 4 the apartment itself and it was just sort of empty and lofty 5 and I just sort of -- I just walked in a little bit. 6 was there to greet me. 7 8 9 10 Nobody And then at some point I had heard Mr. Weinstein say, something that drew me in more, drew me into the space. Q And when you went up in the elevator, were you alone in the elevator or was somebody else with you? 11 A I was alone. 12 Q What happens next? 13 A As I said, I was called into the space a bit. So I 14 walked further in and I noticed that he was kind of bustling 15 around the space and going in and out, moving around a bit. 16 looked like he was getting ready for something. 17 18 19 20 21 22 23 24 25 Q It Can you describe what you remember about how he was dressed at that time? A I just remember him having on a button down shirt that wasn't closed and over slacks. Q And can you describe the tone of the conversation between you and the defendant? A It was -- it was just light conversation. Nothing like -- more of a did you meet so and so and, did you, did you meet so and so. Yeah and did blah, blah, blah Page 1988 1 and just light banter. 2 Nothing too engaging, just light. 3 4 5 6 7 8 Q Nothing really deep or anything. And what was the Defendant's demeanor like at that point? A He seemed like he was distracted and busy, getting ready and -Q Did he make any sexual comments to you while you were in that main loft area? 9 A No. 10 Q Did he touch you in any way? 11 A No. 12 Q Did you make any sexual comments to him? 13 A No, I didn't. 14 Q Did you touch him in any way? 15 A No. 16 Q What happens next? 17 A At some point, I don't know if he said anything but I 18 was -- I went to the -- what would be a living room. 19 a sofa. 20 21 There was I just went there to wait. I didn't know what to do. I went to that area and sat there and I waited for a bit. 22 And then he had called me again. 23 He said -- he was talking and rather than shouting 24 across the room, I stood up and walked into that open space 25 again, out of that room and it was -- it was more banter. Page 1989 1 It wasn't anything memorable necessarily but I was 2 standing. 3 a room. 4 I went to where the voice was coming from which was I -- I went to the threshold and just stood outside 5 the door and the conversation kept on, the banter back and 6 forth and he was sort of disappearing in and out of two doors, 7 again, back and forth as he got ready. 8 9 10 11 12 13 14 Q And the conversation, did you have any conversation about reading the script or what you had come to the offices for? A It was mentioned, did I get the script, did I see so and so but I don't remember more contact. Q And you described that you came to the opening, I guess, of a room? 15 A Correct. 16 Q And can you describe the room that you were looking 17 into? 18 A It was a bedroom. 19 Q And where was the defendant at that point when you got 20 21 to the entrance of the room? A He was inside of the room but there were two doors. 22 assumed a closet and a bathroom maybe. And he was moving sort 23 of between the two spaces or out of -- out of one space into 24 the room. 25 Q He wasn't stationary in the bedroom area. How was he dressed at that point? I Page 1990 1 A Still the same button down shirt and pants. 2 Q What happens next? 3 A I -- at some point his conversation -- I don't what he 4 said that made me come into the room more but I came into the 5 room and when I got to across the room which was where -- past 6 the bed, he had taken me by my arms and turned me around and 7 put me on the bed and leaned on top of me. 8 Q 9 room. 10 A And you said he said something to bring you into the Do you remember the substance of what he said? It was something like -- I don't know the exact -- it 11 was along the lines of something come here, look at this or it 12 was very non script. 13 me. It wasn't anything that was alerting to 14 Q Was it sexual in nature? 15 A No. 16 Q What happens next? 17 A When I did get over there and he did take me by my 18 arms and turn me around and put me on the bed and laid down, 19 laid me back and laid on me as he laid me back. 20 Q Can you describe what you are thinking at that point, 21 at the point he takes you and puts you on the bed and lays you 22 back? 23 A 24 25 When he was in front of me -- when he was in front of me, that's when I felt a little afraid. That's when I felt afraid. That's when -- that's when Page 1991 1 my red flag finally went up there. 2 Q What did you do? 3 A I told him I can't. 4 And he answered, don't worry I had a vasectomy. 5 Q Did you respond to that? 6 A I just froze and I just looked off and that's it. 7 Q Were you able to say anything else? 8 A I didn't. 9 Q You just described why not? A I don't -- after I said, I can't, it just went 10 Can you just describe why not? 11 12 unanswered and I froze and I just -- going blank is easier for 13 me. 14 Q 15 16 17 What do you mean by that? Can you just describe that a little bit more, going blank is easier for me? A As much as I -- as much as I want to be or wish or 18 think I am a fighter, going blank and just dismissing 19 everything is easier for me to just get through -- get passed 20 it and just block it. 21 Q How are you feeling at that point? 22 A Just numb. 23 Q What happens next? 24 A I don't have a vivid memory of exactly but I 25 remember after I was laid down and he was on top of me and I Page 1992 1 said, I can't, and he had said he had a vasectomy, and I just 2 went blank and looked off. 3 He put himself inside me and he raped me and I just 4 remember getting up and -- I just remember getting up. 5 remember from that moment between -- I just remember getting up 6 after -- 7 Q 8 I don't Do you remember anything about what you were thinking as you just laid there? 9 A I don't remember what I was thinking. 10 Q Can you describe for the jury his weight on top of A He is a heavy man. 11 12 13 14 15 you? He was -- he was certainly bigger and heavier and weighed me down. Q Prior to the defendant placing you on the bed, did he ask you if you wanted to engage in something sexual with him? 16 A No, he didn't. 17 Q Had you showed any interest in him sexually? 18 A No, I didn't. 19 Q Was there anything about your actions that conveyed 20 that you wanted to have sex with Harvey Weinstein? 21 A No. 22 Q Did you want to have sex with Harvey Weinstein? 23 A No. 24 Q Were you surprised about what happened? 25 A Yes. Page 1993 1 Q Just describe that? 2 A I think it is shock. 3 Q Do you remember anything about the defendant's body? 4 A I remember before -- as -- when he put me on the bed, 5 Just -- it's just shock. I remember his shirt was open and I recall a scar on his side. 6 Q What happened next? 7 A I just remember standing next to the bed after that 8 and I didn't go to the bathroom. 9 myself. I don't remember fussing with I just collected myself, put myself together and I 10 don't remember how we got downstairs but he told me he was 11 going to take me back to the studio and we got in to a car. 12 Q Was there any conversation, other than what you just 13 described, between you and the defendant following him putting 14 himself inside of you? 15 A Would you say that again, please? 16 Q What was the conversation after he put himself inside 17 18 19 20 21 of you? A but I remember conversation in the car. Q 24 25 You had described not remembering much of the actual interaction, right? 22 23 I don't remember from leaving the apartment to the car Do you remember what you were looking at when you described just to turning to the side and tuning out? A I don't remember what I saw. off to my right. I just remember looking Page 1994 1 2 I know where he was and I just looked -- I know where he was and I just looked off. 3 Q Did you do anything physically other than looking off? 4 A No, I just froze. 5 Q And what happened once you got into the car? 6 A I don't remember the entire -- the short drive but I 7 remember him telling me the window was slightly down and I just 8 remember him saying, I know the owner of that beauty spa or 9 something. 10 If you ever want anything just go ahead and get whatever you want. 11 Q Did you ever take him up on that offer? 12 A No. 13 Q What happened next? 14 A I was let out at the studio. 15 18 19 I went upstairs and, you know, pretended nothing happened. 16 17 I went in by myself. And whoever had met me, I took the script and they said, when you are ready to read, come back or give us a call. Q So did you have any -- did you actually ever do an audition that day? 20 A No. 21 Q Did you ever do an audition? 22 A No. 23 Q Did you get the part? 24 A No. 25 Q Did you ever get anything from Harvey Weinstein? Page 1995 1 A No. 2 Q Did you call the police? 3 A No. 4 Q Did you confide in anyone in the days after the 5 attack? 6 A No. 7 Q Why not? 8 A I just wanted it to go away. 9 Q Can you describe for the jury, how you handled it then 10 11 at that point? A It's easiest for me to just pretend it didn't happen 12 and just go about my day and go back to work. 13 fuss. 14 Q 15 Don't make a Don't cause problems. Do you recall ever seeing the defendant again outside of Cipriani's? 16 A I did. 17 Q Do you recall around when that was? 18 A It was time-wise, it was maybe about ten -- eight to 19 ten years ago. 20 fashion show with several designers. 21 charity event actually. 22 collection. 23 I was in a fashion show. It was a collective It might have been a And his wife was showing her -- her So she was in another part of the venue but I saw her 24 and at some point I saw him come in to see her. And I had -- I 25 was far enough away but I ducked into makeup and hair and just Page 1996 1 stayed over there. 2 Q Can you describe how you felt then? 3 A I felt just as intimidated, scared and small as I did 4 5 6 the last time I saw him. Q And were you actually working at that event, the fashion show? 7 A I was walking the show, yes. 8 Q Now, directing your attention to October of 2017, did 9 10 you decide to reach out to an attorney regarding what happened to you with the defendant? 11 A I did. 12 Q Up until that point, had you thought about the details 13 14 15 of what happened to you that night? A It would always pop up but I would try not to think -- I would try to put it away. 16 Q What made you reach out to an attorney? 17 A A friend of mine who I had confided in several years 18 prior, she had sent me a link regarding Mr. Weinstein and had 19 written, made me think of you. 20 21 And I had seen his name in the link. to open it so I just -- 22 MS. ROTUNNO: 23 THE COURT: 24 THE WITNESS: 25 So I didn't want Objection, Judge. Overruled. I didn't want to open it because I was nervous and I knew what was happening at the time. And Page 1997 1 I just didn't want to read it and it took me a little while 2 and when I did read it -- 3 Q 4 5 6 Without telling us actually what the article was about, what did you do after reading it? A It sparked so much emotion in me, that I knew it wasn't gone and I just wanted to help the girls. 7 MS. ROTUNNO: 8 THE COURT: 9 10 11 12 13 Q Objection. Overruled. Without getting into what your intention was, what did you actually do? A I reached out to a friend that was a lawyer and told him what happened, not in great detail. Q Okay. 14 MS. ROTUNNO: 15 THE COURT: 16 MR. CHERONIS: 17 Objection. Sustained. Move to strike. BY MS. HAST: 18 Q So you reached out to a friend that was a lawyer? 19 A Correct. 20 I reached out to a friend that is a lawyer and asked him how I could help. 21 MS. ROTUNNO: 22 THE COURT: 23 Q Objection. Sustained. Did you, after reaching out to your friend, did you 24 eventually get -- speak to people with the District Attorney's 25 Office? Page 1998 1 A I did. 2 Q Can you describe how that came about? 3 A I was introduced to another lawyer who introduced me 4 5 6 to the DA's Office to tell my story. Q And at that point, how, if at all, did the way you thought about the incident change? 7 MS. ROTUNNO: 8 THE COURT: 9 10 Q Objection. Sustained. At that point, did you begin thinking about those nights in more detail? 11 MS. ROTUNNO: 12 THE COURT: 13 THE WITNESS: 14 yes, I did think more about it. 15 Q Overruled. MS. ROTUNNO: 17 THE COURT: 19 Q I had to tell my story out loud; so Can you describe that process for the jury? 16 18 Objection. Objection. Sustained. Are you getting anything from coming forward here today? 20 A No. 21 Q Are you suing Harvey Weinstein? 22 A No. 23 Q Do you have any plans to sue Harvey Weinstein? 24 A No. 25 MS. HAST: Okay, no further questions. Page 1999 1 THE COURT: 2 MS. ROTUNNO: 3 CROSS-EXAMINATION 4 BY MS. ROTUNNO: Any cross-examination? Yes. Thank you, Judge. 5 Q Good afternoon, Ms. Wulff. 6 A Hello. 7 Q You started working at Cipriani in 2004, correct? 8 A Correct. 9 Q And in all of your interviews that you have given 10 about this case, you have consistently stated that 2004 was 11 when you started at Cipriani, correct? 12 A Yes. 13 Q And you were at Cipriani until 2006, correct? 14 A Correct. 15 Q And you were fired from Cipriani, is that right? 16 A Yes. 17 Q And you were fired over a dispute with another worker 18 at Cipriani, correct? 19 A Yes. 20 Q And when you were hired at Cipriani, you were hired to 21 work on this VIP exclusive floor, correct? 22 A Correct. 23 Q And you knew that when you were working on that floor 24 you were working with people that either knew the owners or 25 were notable people in New York, would that be fair to say? Page 2000 1 A Would you repeat the question, please? 2 Q When you took on that role, you knew that taking on 3 that role the customers that you would be dealing with where 4 VIP customers, correct? 5 A I didn't know that taking the job. 6 Q So when you were assigned to that floor, did anybody 7 explain to you what that floor was about? 8 A No. 9 Q Did you learn soon what that floor was about? 10 A Over time, yes. 11 Q And you learned that that floor hosted guests of the 12 owner, Cipriani, correct? 13 A Say that again. 14 Q You learned that that floor hosted guests of the 15 I am sorry. owner, correct? 16 A Correct. 17 Q And also you talked about a membership card, correct? 18 A Yes. 19 Q And that membership card was people who were coming to 20 the establishment that had already been vetted or somehow got 21 into that club, correct? 22 A Yes. 23 Q And as a waitress, Ms. Wulff, you knew that you were 24 making the majority of your money in tips, would that be fair 25 to say? Page 2001 1 A Yes. 2 Q And as a waitress, you are flirting with customers, 3 would that be fair to say? 4 A I wouldn't say flirting. 5 Q Friendly? 6 A I was friendly. 7 Q And very friendly because you wanted to obtain the 8 benefit of the relationship between a VIP customer while you 9 were working and obtaining tips, would that be fair to say? 10 A I was friendly. 11 Q And you stated that soon after you got hired at 12 Cipriani, Mr. Weinstein grabbed your arm and escorted you into 13 a different area of the location? 14 15 MS. HAST: 18 That's not the time that she testified to. 16 17 Objection. THE COURT: Q Sustained as to that part. Well, Ms. Hast testified to that a few times so I am going to ask that. 19 How soon after you started working at Cipriani did you 20 have the encounter with Mr. Weinstein that you described to 21 this jury? 22 A It was, approximately, a year after I started. 23 Q Now, when you sat down and talked to the District 24 25 Attorneys in this case -- let me back up a minute. How many conversations would you say, in total, you Page 2002 1 have had with the District Attorney's Office since first 2 meeting them in October of 2017? 3 A Since 2017, I have had many. 4 Q Many, correct? 5 A Correct. 6 Q More than two? 7 A Correct. 8 Q Well, I have documentation from October 16th of 2017 9 and I have documentation from September 21st of 2018. 10 11 MS. HAST: Q So I am going to draw your attention -- 12 THE COURT: 13 ahead. 14 BY MS. ROTUNNO: 15 Q Objection, Judge. Sustained as to that point but go Ms. Wulff, I am going to draw attention October 16th 16 of 2017, when you first met with the District Attorney's 17 Office. Do you remember that day? 18 A I do. 19 Q And when you sat down with the District Attorney's 20 Office on that day, you did not sit down with either of the 21 prosecutors sitting at this table right now, is that correct? 22 A Correct. 23 Q And when you sat down and spoke to those prosecutors 24 you told those prosecutors that you started working at Cipriani 25 in 2004, correct? Page 2003 1 A I believe so, yes. 2 Q And it was soon after starting -- you started working 3 at Cipriani that you had this encounter with Mr. Weinstein, 4 correct? 5 A 6 have. 7 Q 8 I don't recall that I said that exactly but I could Well, you didn't, specifically, tell them that it was a year later, is that right? 9 A I don't recall that. 10 Q And you sat down -- before sitting down with the 11 District Attorney's Office, you sat down with your own lawyer, 12 correct? 13 A He was my friend. 14 Q Well, when did you hire a lawyer? 15 A I didn't hire a lawyer. 16 Q You have a lawyer now? 17 A I have a -- I have a lawyer like guiding me through 18 19 20 I didn't hire him. but I didn't hire him. Q When you say, you didn't hire him, it's because you didn't pay him, correct? 21 A Correct. 22 Q But he is working with you, correct? 23 A Correct. 24 Q Did you know that after opening statements in this 25 case he actually went outside and gave a press conference on Page 2004 1 your behalf? 2 MS. HAST: 3 THE COURT: 4 5 6 Objection. Sustained. BY MS. ROTUNNO: Q And your lawyer is sitting in court, right, Mr. Wigdor, he is right here? 7 A Yes, he is guiding me through the legal process. 8 Q And you are not paying him? 9 A Correct. 10 Q Mr. Wigdor is a famous Plaintiff's lawyer, correct? 11 MS. HAST: 12 THE COURT: 13 14 15 Q Sustained. And at some point you know that if you want to join a lawsuit against Mr. Weinstein you can, isn't that right? A I don't know. 16 MS. HAST: 17 THE COURT: 18 Objection. Q Objection. The question and answer stand. So you don't know and your lawyer's never had a 19 conversation with you about the fact that you could join a 20 lawsuit against Mr. Weinstein? 21 MS. HAST: Objection. 22 THE COURT: 23 THE WITNESS: Overruled. I am, as far as I know, I am out of 24 the statute of limitations. 25 or I don't -- So I don't -- I don't want to Page 2005 1 2 Q So Mr. Wigdor is here out of the goodness of his heart? 3 MS. HAST: 4 THE COURT: 5 6 7 8 9 10 11 Objection. Sustained. BY MS. ROTUNNO: Q When you set -- at what point did you sit down with Mr. Wigdor? A Shortly after going to my lawyer friend, maybe within a week or so. Q And that was before you sat down with the District Attorney's Office, correct? 12 A Correct. 13 Q And Mr. Wigdor brought you to the District Attorney's 14 Office, is that right? 15 A Yes. 16 Q And sat with you, correct? 17 A He was there. 18 Q That was after you had already had meetings with him, 19 correct? 20 A I had a meeting with him, correct. 21 Q And it was in that first meeting that you were very 22 unsure about dates and times, would that be fair to say? 23 A Which first meeting? 24 Q The first meeting with the DA's Office and your 25 lawyer. Page 2006 1 2 A I wasn't very unsure but I was -- I wasn't very unsure I knew my timing but some of it might have been off. 3 Q So you were trying to figure it out, correct? 4 A At the time, I felt confident with my timing. 5 Q And then that timing changed, correct? 6 A It did. 7 Q Because, originally, you thought this happened in 8 2004, isn't that right? 9 A Yes. 10 Q And it wasn't until you were confronted with the fact 11 that Mr. Weinstein did not own Crosby Street in 2004 that you 12 then changed the timeline until 2005, isn't that right? 13 A No, no. 14 Q So the District Attorney's Office never informed you 15 that Mr. Weinstein did not own the Crosby Street location in 16 2004? 17 A No. 18 Q Did Mr. Wigdor? 19 A No. 20 Q So what made you change that timing? 21 A I told -- I talked to my friend. 22 Q What friend is that? 23 A Her name is Gloria. 24 Q Gloria what? 25 A Busse. Page 2007 1 Q Can you spell that for me, please? 2 A BUSSE. 3 Q And did you ever give Ms. Busse's to the District 4 Attorney's Office? 5 A Eventually, yes. 6 Q And when did you do that? 7 A After she and I had spoken. 8 Q When did you speak to her? 9 A I don't remember the exact time. 10 Q And was it before your second meeting with the 11 District Attorney's Office and after your first or before your 12 first meeting? 13 14 15 16 A meeting, a bit after my first meeting with the initial DA. Q MS. HAST: Q 19 20 And did the District Attorney's Office interview your friend? 17 18 It was long -- it was a bit after I had my first Objection. If you know. THE COURT: Q Sustained. Do you have any knowledge -- do you know if your 21 friend came to be interviewed by the District Attorney's 22 Office? 23 MS. HAST: 24 THE COURT: 25 THE WITNESS: Objection. I will allow it. I don't know. Page 2008 1 2 MS. ROTUNNO: Judge, if we can have a side-bar for a minute? 3 THE COURT: 4 Sure. (Discussion held at the bench, off the 5 record.) 6 (The discussion off the record concluded, 7 and the following occurred in open court:) 8 THE COURT: 9 10 All right. Why don't we ask the witness to go to the witness room for a moment and we will take a break. 11 (Witness is excused.) 12 THE COURT: 13 quick break for a few minutes. 14 And for the jury, we will take a Jurors just remain mindful of all of my prior 15 admonitions and instructions during this or any other 16 recess. 17 See you back here in five minutes. (The jury exited the courtroom and the 18 following occurred:) 19 THE COURT: 20 Thank you. jurors have left. All right. The witness and the The doors are closed. 21 Mr. Cheronis, you requested a break? 22 MR. CHERONIS: Yes, Your Honor, obviously, during 23 Ms. Rotunno's cross-examination, we have an issue now 24 pursuant to the recent discovery rules that the state has 25 information from a witness, especially on an issue like Page 2009 1 2 this, that needs to be turned over. Ms. Illuzzi said in her earlier statement that 3 regarding the date change that they had had conversations 4 with Ms. Wulff. 5 6 7 Ms. Wulff just said she had a conversation with a friend and told the state about that. The timing issue is extremely important. She has 8 already testified that she had a number of conversations 9 with the DA's Office. 10 We have two reports. This is a key issue in this case as to when this 11 allegedly occurred. 12 or people who may have reached out to the DA and talked 13 about it and we don't have that. 14 And now, there are witness statements That is not in-line with the recent discovery 15 rules or discovery, generally. 16 or information that needs to be turned over. 17 requesting if the state has that information, they give it 18 to us or memorialize it or something before we continue 19 this cross-examination. 20 MS. ROTUNNO: It could be Brady material And we are And I think the fact that this 21 issue was key in terms of this witness's change -- Judge -- 22 Joan can you stop talking so I can please -- this witness's 23 ability to remember and change what she originally told the 24 District Attorney, it's not some inconsequential fact that 25 she spoke to somebody. She spoke to somebody that made her Page 2010 1 change her own statement to the District Attorney. 2 And then for the District Attorney to send a 3 letter in August of 2019, after a Molineux Hearing in 4 January of 2019, and change the date, the timeline here is 5 important, the issue here is important, they are 6 withholding information and it's a problem. 7 MS. ILLUZZI: Judge, we -- we didn't speak to 8 this woman. We spoke to another friend of Tarale who 9 didn't have information about this. 10 MS. ROTUNNO: And that's for Joan to decide? 11 She gets to decide that? 12 When she asks this witness and this witness calls 13 her and says, Ms. Illuzzi, I thought about it and its a 14 different date because I talked to my friend. 15 They don't then say, who is that friend, who is 16 she or at least call her or if they don't do that, take the 17 time to at least disclose it to us? 18 Maybe that's somebody we want to talk to. 19 MS. ILLUZZI: 20 Judge. We didn't speak to this woman, I don't know what to say. 21 She, originally, didn't want to give her name. 22 She didn't want to involve her and then the woman wasn't 23 particularly cooperative. 24 MS. ROTUNNO: 25 MR. CHERONIS: So we didn't speak to her. More information. So by that, by that rationale, Ms. Page 2011 1 Wulff told them that she spoke to a friend. 2 the friend's name. 3 She gave them Ms. Wulff said the friend didn't want to be 4 involved. It was a friend who was involved in the timing 5 change and the state made the decision because Ms. Wulff 6 didn't want her friend involved not to turn that over to 7 Mr. Weinstein who, irregardless of Ms. Wulff's concern 8 about whether or not a friend wants to get involved, has a 9 Constitutional Right to defend himself and to get discovery 10 that goes to potentially his guilt or innocence or to the 11 impeachment of a witness. 12 So for the state to make a unilateral decision 13 that says, we have this information, we learned it from 14 Tarale Wulff, she gave me the name of the friend and we 15 don't get that is a black letter discovery violation. 16 MS. ILLUZZI: That's not true. 17 First of all, if she talked to her friend and her 18 friend refreshed her recollection about something and we 19 didn't speak to the friend, then she can be crossed on 20 that. 21 What can I tell you? 22 We didn't speak to the friend. 23 MR. CHERONIS: 24 25 Cross now? In the middle of the trial? That's the whole reason why we have discovery. Page 2012 1 That's the whole reason why when people make those 2 statements, we don't get sandbagged. 3 it. 4 That's the reason for That is an extremely important fact, an extremely 5 important issue, an extremely important conversation that 6 the state has already acknowledged that they were aware of. 7 To not turn that over to us deprives Mr. Weinstein of his 8 right to effectively cross-examine this witness. 9 deprives him of his right to effectively seek discovery on 10 his own behalf to defend himself. 11 MS. ILLUZZI: 12 13 It What difference does it make how she refreshed her recollection about it? If she refreshed her recollection about it, I 14 don't know, talking to her mother, should we have dragged 15 her mother in here? 16 If she refreshed her own recollection about it, 17 so that's it. I don't understand what the discovery 18 violation is. I don't understand what the discovery 19 violation is. 20 MS. ROTUNNO: Of course, God forbid she does 21 nothing wrong. I gave her the heads up at the beginning of 22 the day and I said, there is a date change issue. 23 When did you find out about it? 24 I gave her the chance to give me this 25 information. She decided not to and then I had to find it Page 2013 1 out this way. 2 3 I object and object and object because they knew exactly what was going to come out of that witness's mouth. 4 MS. ILLUZZI: 5 was later. 6 It was later. 7 As soon as she remembered that it We sent them notification that she remembered. THE COURT: Did the witness tell you who had 8 refreshed her recollection? 9 tell you who had refreshed her recollection? 10 MS. HAST: And -- well, did the witness She did tell us that she had a 11 conversation with a woman that made her realize that she 12 had been working at the club longer than just a month or so 13 when she had the interaction with Harvey Weinstein. 14 THE COURT: 15 MS. HAST: But did you know the person's name? Eventually. Initially, she didn't 16 give the name but I did eventually learn the person's name 17 and tried to contact the person and the person never 18 responded to my efforts to contact her. 19 20 21 MS. ROTUNNO: that. And there is zero documentation of That was not turned over to us. MS. HAST: We did provide a letter to defense 22 counsel saying that after having more discussions with 23 Tarale about trying to figure out the exact timing that she 24 had discovered that she felt that it was in 2005 and not 25 2004 as was initially thought during the Molineux motion. Page 2014 1 2 THE COURT: Why not provide to defense counsel the person's name? 3 MS. HAST: I just -- we just didn't ever provide 4 the name. 5 any notes or anything with respect to any conversation we 6 had with that person about the events. 7 8 9 We never talked to the person. There was never And the person -- there is no indication the person had any knowledge of the events. The subject matter of Tarale -- Tarale never told 10 this friend about what happened with respect to her and 11 Harvey Weinstein. 12 MS. ROTUNNO: 13 MS. HAST: How do we know that? We don't have to turn over every 14 single person that was in her orbit. 15 told any of these people about it. 16 She said she never She just testified she never told any other 17 people about it. 18 relevant to this material that she was testifying about 19 because she didn't know anything about the incident with 20 Harvey Weinstein. 21 She is not somebody that had information MS. ROTUNNO: No. She knew enough though for her 22 to change her entire timeline which is just so coincidental 23 about the fact that he didn't own Crosby Street in 2005 or 24 2004 excuse me. 25 The coincidence is unbelievable. THE COURT: All right. Let's get the witness and Page 2015 1 the jury back and continue. 2 MR. CHERONIS: Is there a -- I mean, Your Honor, 3 I think we need to at least get the name of the witness to 4 see if we can interview her, find out information, if not, 5 in any event -- 6 THE COURT: Let's continue for now. 7 MR. CHERONIS: For the record, Your Honor, we are 8 requesting to stop cross-examination, get this information; 9 in the alternative, we are asking for a mistrial. 10 THE COURT: Okay, denied. 11 All right. Let's get the witness. 12 MR. CHERONIS: 13 THE COURT: 14 MR. CHERONIS: We have one more quick issue. Yes. Just to quote the letter that Ms. 15 Illuzzi just referred to, Dear, Mr. Cheronis, upon further 16 discussions with TW, it has come to our attention that a 17 mistake was made in our response to defendant's Sandoval 18 application, People's Motion to produce Molineux evidence 19 filed under seal, both paragraph 15 of the Sandoval section 20 of the Motion and paragraph 3 in the Molineux section of 21 the Motion would describe the same events, state that the 22 events occurred in 2004, when, in fact, they occurred in 23 2005. 24 25 It sounds like they made a scribbler's error in talking about Tarale Wulff. It does not give information Page 2016 1 as to the basis of it, why it was made or any discovery for 2 us to determine whether or not it was something of Ms. 3 Wulff's own doing or someone else. 4 That's why we asked about it and to continue with 5 this cross-examination, right now, with this key issue, 6 respectfully, is not fair to Mr. Weinstein. 7 8 There has been a discovery violation in our view, a significant one and that is extremely problematic. 9 10 THE COURT: Okay, understood. entering. 11 The witness is entering. 12 COURT OFFICER: 13 Witness enters. (Witness entered the courtroom and was 14 properly seated.) 15 SERGEANT: 16 The jury is Jury entering taking. (The jury entered the courtroom and the 17 following occurred:) 18 THE CLERK: 19 All parties are present. 20 Do the parties stipulate that the jury is present 21 and properly seated? 22 MS. ILLUZZI: 23 THE COURT: 24 MR. AIDALA: 25 THE COURT: Case on trial continued. The People. Yes. The defense? So stipulated. Welcome back jurors and the witness Page 2017 1 is back on the witness stand. 2 And Ms. Wulff, I remind you that you are still 3 under oath. 4 cross-examination. 5 CROSS-EXAMINATION 6 BY MS. ROTUNNO: 7 Q The same rules apply and please resume your When you first sat down at the District Attorney's 8 Office on October 16th, 2017, you went through what you 9 believed took place in whatever timeframe it took place, is 10 that correct? 11 A Correct. 12 Q And you explained that sometime shortly after you 13 started working there you met Harvey Weinstein, correct? 14 This is what you told them on October 16th, 2017? 15 A I may have said that, yes. 16 Q And when you met Mr. Weinstein, was this the only time 17 that you ever met Mr. Weinstein at Cipriani? 18 A I don't recall a previous one on one encounter. 19 Q So had you ever seen Mr. Weinstein again at Cipriani 20 after the event that you described that I will get back into in 21 a minute? 22 A After the event? 23 Q Yes. 24 A I don't recall seeing him after. 25 Q So the only time you ever saw Mr. Weinstein at Page 2018 1 Cipriani between 2004 and 2006 when you worked there was the 2 one day that he took your arm and led you to another area of 3 the restaurant? 4 A I just don't recall an interaction other than that. 5 Q You don't remember if you saw him there or not? 6 A I don't recall. 7 8 specifically. Q 9 10 I don't recall seeing him So do you think -- strike that. When you met Mr. Weinstein, you stated that he had a short conversation with you initially, is that right? 11 A Yes. 12 Q And you were waiting on his table, correct? 13 A Correct. 14 Q And was he there with other guests or was he there by 15 himself? 16 A He was alone. 17 Q Was he alone at a table? 18 19 20 with the owner? A Did he come in and sit down Who was he with? He set at the owner's table but he didn't look to be with any one. I don't remember the owner visibly next to him. 21 Q So you are not sure if anybody else was with him? 22 A He didn't look to be with anybody else. 23 Q And you didn't see him come in or leave, correct? 24 A I may have seen him come in and sit but I didn't see 25 him leave the venue. Page 2019 1 2 3 4 5 Q Do you have a recollection of watching him coming in and sitting down or are you thinking you may have seen that? A I more specifically remember him sitting when I was going to his table. Q How long would you say he was at Cipriani on this 6 night before he took your arm and led you to another area of 7 the restaurant? 8 A It wasn't long. 9 Q Approximately? 10 A It could have been 15, 20 minutes. 11 Q At some point you say he walks over to the bar area as 12 It wasn't long. you described on the photograph to the jury, correct? 13 A Correct. 14 Q And he puts his hand on your arm somewhere, is that 15 right? 16 A Correct. 17 Q And what arm did he put his hand on, if you remember? 18 A My right. 19 Q And you went with him, correct? 20 A Correct. 21 Q You didn't say no, correct? 22 A I didn't say, no. 23 Q You didn't pull your arm away and say I have to work, 24 correct? 25 A My right side. I did eventually say I have to get back to work. Page 2020 1 Q I am talking about when he first put his hand you. 2 A No. 3 Q And you walked past a lot of people, correct? 4 A Correct. 5 Q Because you testified that it's so packed in there, 6 sometimes you have to climb over people, correct? 7 A Correct. 8 Q So you walked past people? 9 You didn't tell anybody, I don't want to go, correct? 10 A Correct. 11 Q And you ended up in a stairwell area that led to 12 another area, another floor, correct? 13 A Into the hallway which went up the stairs. 14 Q And at what point did you run into Mauricio? 15 A I saw him after I had passed the door. 16 Q And you didn't say, Mauricio, hey, grab me, take me 17 some where else, right? 18 A I didn't say that. 19 Q You didn't say anything to Mauricio, correct? 20 A I didn't say anything in words. 21 Q And did Harvey say anything to Mauricio? 22 A I don't recall. 23 Q Did Mauricio say anything to Harvey? 24 A Not that I remember. 25 Q And you end up at the other area of the club. Now, Page 2021 1 you knew that area of the club where Mr. Weinstein took you to, 2 correct? 3 A I was familiar with it, yes. 4 Q And that you passed your lockers and passed everything 5 where you would normally leave your things, fair to say? 6 A Say that again. 7 Q You had to pass the locker area and the area where you 8 I am sorry. leave your personal items, correct? 9 A Correct. 10 Q And when you got to this area was this area known as 11 anything at Cipriani? 12 A To the guests, no. 13 Q To the employees. 14 A We knew of the area, correct. 15 Q Did you have a name for it or anything? 16 A I would call the terrace or just upstairs. 17 Q And that terrace area sometimes people would go up 18 there, correct? 19 A Sometimes we went to smoke. 20 Q And was it kind of known as a make-out area at 21 Cipriani's? 22 A Not that I am familiar with. 23 Q And when you got up to this location you claim that 24 you see Mr. Weinstein sort of standing in front of you, he 25 moves you to stand in front of him, correct? Page 2022 1 A Correct. 2 Q And he doesn't have his hands on you at that point, 3 correct? 4 A Once he led me in front of him, he let go of my arm. 5 Q And you were standing there? 6 A Correct. 7 Q And you just didn't say I am going back downstairs? 8 A I said, I have to get back to work. 9 Q And you didn't walk back to work, you stood there, 10 correct? 11 A Correct. 12 Q He didn't stop you or make you stay there, correct? 13 A He said to wait. 14 Q But, physically, he didn't not let you leave, correct? 15 A Correct. 16 Q He didn't put his hands on you again at that point 17 correct? 18 A Correct. 19 Q And you say that you see his shirt moving, correct? 20 A Correct. 21 Q You don't see anything else? 22 A No. 23 24 25 Wait a second. (Continued on the following page.) Page 2023 1 Q You throw a towel at him and walk downstairs? 2 A I didn't throw my towel, and I ran downstairs. 3 Q Did he follow you? 4 A I didn't look back. 5 Q And you worked the rest of the night? 6 A I did eventually, yes. 7 Q And approximately what time in your shift did this take 8 9 10 place, if you remember? A That I cannot remember, but it was a busy time of the night. 11 Q And you never saw him come back downstairs? 12 A I don't recall seeing him come back in. 13 Q Well, you said you told somebody you worked with, you 14 didn't want to work that table anymore, correct? 15 A I asked her to cover my tables. 16 Q Did you see him go back to that table? 17 A I don't recall seeing him going back to the table. 18 Q And you didn't tell anybody at Cipriani's, right? 19 A No. 20 Q And you said that that night he asked you if you were 21 an actress, correct? 22 A Correct. 23 Q And you told him yes? 24 A Yes. 25 Q That was not true, correct? Page 2024 1 A Correct. 2 Q And did you tell him yes because you wanted to be an 3 actress, or you were interested in having a conversation with 4 him? Why would you say yes if you weren't an actress? 5 A Because if I say I'm an actor, I will become an actor. 6 Q So, that was something you wanted to put out to the 7 universe? 8 A No, I had confidence that I could be an actor. 9 Q And did you tell him I have never acted before? 10 A No. 11 Q And then you say later that night you received a phone 12 call from somebody at his company? 13 A No. 14 Q When, I could not understand what you said, when did 15 you say you got that call? 16 A A week or more later. 17 Q And when you got the phone call, was it a call, an 18 e-mail, how were you contacted? 19 A I don't remember if it was a phone call or e-mail. 20 Q This would have been very exciting for you, right? 21 A Yes. 22 Q So, you don't remember if it was an actual conversation 23 with a person or if it was written words that you received? 24 A I don't. 25 Q What did you do when you received that communication? Page 2025 1 2 A She had asked, it was discussed when I could come in and we set a date, and that was it. 3 Q How soon after did you set that date? 4 A I don't remember how long. 5 Q And you at some point went to this meeting, correct? 6 A Correct. 7 Q You were told where to go, correct? 8 A Correct. 9 Q And you were told what time to be there? 10 A Correct. 11 Q And you went, correct? 12 A Correct. 13 Q And when you went to that meeting, you spoke with 14 someone? 15 A Yes. 16 Q And you don't remember who that is? 17 A I don't remember her name. 18 Q Do you remember if it was the person who called you or 19 20 someone else? A I believe the first person who greeted me to sit in the 21 waiting room, to sit when I first walked in was not her, and the 22 second person I met I thought was her. 23 Q And how long were you there before you left? 24 A Not terribly long, enough to wait for a few moments, 25 wait for a few moments, then to be brought into the second area, Page 2026 1 2 3 the office. Q And you went into the office, were you in the office alone? 4 A I was. 5 Q You got that envelope you talked about? 6 A Yes. 7 Q Did you open it up? 8 A I don't remember opening it there. 9 Q Do you remember opening it ever? 10 A I remember opening it at my own home. 11 Q Later? 12 A Yes. 13 Q So, at some point somebody says Mr. Weinstein wants to 14 see you, right? 15 A Yes. 16 Q And at this point the only other interaction you ever 17 had with Mr. Weinstein is the one you described for the ladies 18 and gentlemen of the jury, correct? 19 A Correct. 20 Q And when somebody said you know, we would like you to 21 see Mr. Weinstein, did you say I don't really want to see Mr. 22 Weinstein? 23 A I did not. 24 Q And you went, right? 25 A I did. Page 2027 1 2 Q And you went because this was something that was important to you, correct? 3 A I went because I was told by her to go. 4 Q Well, you said you wanted to be an actress, correct? 5 A I did. 6 Q And you saw this as an opportunity for that maybe to 7 happen, correct? 8 A Yes. 9 Q And when you went downstairs, they told you that you 10 were going to get in a car, correct? 11 12 13 14 A I was told by her upstairs there is a car waiting for Q Did anybody take you to the car, or did you go down and you. get in? 15 A I don't remember anyone escorting me. 16 Q You walked out and got in some car? 17 A Correct. 18 Q You didn't ask where the car was taking you? 19 A I don't remember asking where we were going. 20 Q So, you just threw caution to the wind and got in the 21 car, correct? 22 23 MS. HAST: Q Objection. I'll ask it a different way. You got in the car with a 24 stranger to go, somebody who you just had a fairly unpleasant 25 experience with, according to you, correct? Page 2028 1 A Correct. 2 Q And when you got in that car, you had no idea where the 3 car was taking you? 4 A I didn't. 5 Q And did you ask the driver? 6 A I don't recall asking him where we were going. 7 Q You said on direct examination that you thought maybe 8 you were going for coffee? 9 A A coffee shop. 10 Q What gave you that impression? 11 A It just seemed like what people did when they wanted to 12 meet for business, they go to coffee shops. 13 Q 14 shop? 15 A Yes. 16 Q When you pulled up on Crosby Street, it was not a 17 Starbucks? 18 A Correct. 19 Q It was a door with an address over it? 20 A Correct. 21 Q It was not an office building? 22 A I didn't know what it was actually. 23 Q Well, it was not a retail store? 24 A It is a commercial street, so I didn't know, didn't 25 You just assumed maybe you would end up at a coffee look like anything in particular. Page 2029 1 2 Q When you opened the door to Crosby Street, it was not a retail store, correct? 3 A No, it was not. 4 Q When you opened it, there was no door person greeting 6 A Correct. 7 Q There was no directory saying offices on certain 5 8 you? floors, correct? 9 A Correct. 10 Q There were mailboxes? 11 A No. 12 Q An elevator? 13 A Yes. 14 Q You just got in the elevator? 15 A Correct. 16 Q And somebody told you what floor to go to? 17 A Correct. 18 Q When you got in the elevator and those elevator doors 19 opened, you now realized you were in a residence, correct? 20 A Yes. 21 Q And did you get back in the elevator and hit the button 22 and go back down? 23 A I did not. 24 Q You heard Mr. Weinstein's voice before you saw him; is 25 that right? Page 2030 1 A Yes. 2 Q When you heard his voice, you went to him, correct? 3 A I walked into the space. 4 Q He did not come and greet you at the elevator? 5 A I don't recall him coming to the elevator. 6 Q You walked into the space and at some point made 7 contact with him, correct? 8 A Yes. 9 Q You said he looked busy? 10 A He looked, yes. 11 Q Doing things? 12 A Yes. 13 Q And did you say like I'm here for a meeting, I forgot 14 my script? 15 MS. HAST: 16 THE COURT: Objection. Sustained. 17 Q Did you say I'm here for the meeting? 18 A I did not say that. 19 Q Did you realize that you didn't bring the script? 20 A I knew I did not bring the script. 21 Q And did you think maybe you would need the script if 22 you were going to a meeting about a movie? 23 A Repeat that please. 24 Q Sure. 25 Did you think when you got in the car with the driver and realized you did not have the script, did you think Page 2031 1 oh, maybe I should have this for this meeting? 2 A My meeting was with the woman at the office. 3 Q You were going to see Mr. Weinstein presumably to 4 continue this conversation, correct? 5 A I thought my audition was with her. 6 Q So, you thought in the middle of the audition you were 7 just leaving to go see Harvey? 8 A Yes. 9 Q For any reason specific? 10 A No specific reason. 11 Q And how long were you in the house before you walked 12 into the bedroom? 13 A I was not there for very long. 14 Q So, it was fairly quick? 15 A There was enough time for me to go sit on the sofa and 16 wait because he seemed busy. 17 Q And when you got up off the sofa, you got up on your 19 A Correct. 20 Q You walked into that bedroom on your own, correct? 21 A I didn't walk into the bedroom. 22 Q You walked through the doorway? 23 A I walked through the door. 24 Q At some point he said something and you walked in? 25 A He was talking to me from that room, so that is what 18 own? Page 2032 1 2 3 drew me up off the sofa. Q Again, this is the man who had done what you described to this jury at Cipriani, correct? 4 A Correct. 5 Q Now, you testified that when you first met Mr. 6 Weinstein, he made a comment about your looks or how your face 7 looked, correct? 8 A Correct. 9 Q And I think the exact comment you said was you have a 10 great look, a pretty face, correct? 11 A I don't remember. 12 Q So, you don't remember telling the prosecutor that on 13 14 15 I said you got a great look. October 16, 2017? A I don't remember the pretty face specifically. I might have been gesturing he said I have a great look. 16 Q You have a great look, that is what you remember? 17 A Correct. 18 Q When you talked to the District Attorney's Office on 19 September 21st of 2018, you said that Mr. Weinstein was always 20 calling you pretty and attractive; is that right? 21 A He always called me pretty and attractive. 22 Q He would respond by calling you pretty and attractive? 23 A I do not recall that exactly. 24 Q While you are in the house, he asked you to come into 25 the bedroom or asked you a question that lures you into the Page 2033 1 bedroom? 2 A Correct. 3 Q And you go in? 4 A Correct. 5 Q And at any point in time, have you started talking 6 7 8 about acting, the movie, or the script? A Aside from him asking, I mean I don't remember details, but he did ask did I see so and so and did I get the script. 9 Q Did you respond? 10 A Yes. 11 Q Did you say I didn't get the script because I don't 12 have it here? 13 A I didn't say that. 14 Q Did you know that you were going to go back to the 15 office when you left the first time? 16 A I had assumed I would go back. 17 Q Did anybody tell you that you were going back or you 18 just assumed? 19 A I assumed I would go back. 20 Q So, were you worried about how you were going to get 21 the script? 22 A I would just go back to get it. 23 Q Did you ask Harvey if you were going to go back and 24 25 actually read the script to anyone? A I did not. Page 2034 1 Q Now, when you went into the bedroom, you stated that he 2 immediately placed you down in the bed, correct, or you ended up 3 on the bed? 4 A I ended up on the bed. 5 Q You don't really know how that happened? 6 A He had taken me by my arms and put me on the bed. 7 Q And did you get up? 8 A Not immediately. 9 Q Sorry? 10 A I didn't get up immediately. 11 Q And did you try to push him away? 12 A I didn't push. 13 Q And, when you talked to the prosecutor's office on 14 October 16th of 2017, didn't you tell them about the incident, I 15 remember being on the bed and him on top, period. 16 how you got on the bed, correct? Nothing about 17 A I don't remember my exact conversation that day. 18 Q And didn't you tell the prosecutors on that day that at 19 some point you were positioned on the side of the bed but there 20 were windows there? 21 A There were windows in the room, yes. 22 Q And where were the windows in relation to the bed? 23 A I believe they were on the side of the bed. 24 Q Right side, left side, side closest to the living room 25 area? Page 2035 1 A The side, the left side of the bed. 2 Q And didn't you tell the prosecutors that you asked him 3 to put on a condom? 4 A Excuse me. 5 Q Did you tell the prosecutors on October of 2017 that 6 you asked Mr. Weinstein to put on a condom? 7 MS. HAST: Objection. 8 A I don't recall saying that. 9 Q Did you then say you said he said it's okay, I had a 10 vasectomy? 11 12 THE COURT: Before you answer, step up for a moment. 13 ( Conversation held off the record). 14 THE COURT: 15 16 Q Thank you, next question, overruled. And you told the District Attorney that you didn't remember any fluids of any kind, correct? 17 A Correct. 18 Q And you remember seeing him on top, correct? 19 A I remember him being on top. 20 Q And you didn't say that he placed himself inside of 21 you, correct? 22 23 24 25 MS. HAST: Q Objection. During the initial meeting on October of 2017, you never said he put himself inside of you? MS. HAST: Objection. Page 2036 1 THE COURT: Overruled. 2 Q Correct? 3 A I don't recall exactly what I said in that first 4 5 meeting. Q And, isn't it correct that after that first meeting, 6 the District Attorney's Office told you your memories were too 7 fragmented and they could not use you in this case? 8 MS. HAST: 9 THE COURT: Objection. Overruled. 10 Q Isn't that correct? 11 A That is not exactly what was said. 12 Q Something like that? 13 A That's not exactly something like that. 14 Q Tell me, what was said? 15 A That they understood it's been a long time and there 16 may be gaps in my memory, and that was it. 17 Q And they wanted you to go see somebody, right? 18 A They didn't -- no. 19 Q They didn't want you to go see a psychiatrist or a 20 psychologist that specializes in memory? 21 A No. 22 Q Did you go see a doctor? 23 A No. 24 Q Did you go see a psychologist? 25 A No. Page 2037 1 Q You never went to see somebody named Ali Salwa? 2 A I believe she's a clinician, trauma therapist. 3 Q Not a psychologist? 4 A I don't know what her certification is, to be honest. 5 Q And this table wanted you to go see that person, 6 correct? 7 A No. 8 Q Who told you to go see that doctor? 9 A No one told me to go see her. 10 Q And how did you get referred there? 11 A After speaking with the District Attorney the first 12 time, seeing as how it was affecting me, they offered referrals 13 if I wanted them. 14 Q Right. So it was this office that gave you those 15 referrals and you made a choice as to whether or not you would 16 use them? 17 MS. HAST: 18 THE COURT: 19 Q Correct? 20 A I chose. 21 Q Right. 22 23 24 25 Overruled. But they gave you that advice, correct? MS. HAST: Q Objection. Objection. They gave you those referrals? THE COURT: to referrals. Sustained as to advice. Overruled as Page 2038 1 Q Mr. Wigdor is the one who set that up? 2 THE COURT: 3 Hold on, there is a question pending. Ask the question again. 4 Q They gave you those referrals, correct? 5 A The District Attorney's Office gave me those referrals. 6 Q Right. 7 And you picked one of the referrals they gave you, correct? 8 A I chose, yes. 9 Q You chose, correct? 10 A Yes. 11 Q They did not drag you there, you chose it, right? 12 MS. HAST: 13 THE COURT: 14 Q MS. HAST: 16 THE COURT: 18 Q 20 THE COURT: 23 24 25 Sustained. that right? MS. HAST: 22 Objection, asked and answered, Judge. And Mr. Wigdor called that clinician for you, isn't 19 21 Sustained. It was one of their referrals? 15 17 Objection. A Objection. Overruled? I don't remember if he made a phone call prior to my contacting Ali. Q You discussed your circumstances with that clinician with Mr. Wigdor, correct? MS. HAST: Objection. Page 2039 1 THE COURT: Overruled. 2 A He knows that I see Ali, yes. 3 Q You discussed that with him, correct? 4 A Not my sessions, no. 5 Q They told you to do that so you could try to have more 6 memories, correct? 7 A No. 8 Q Well, if they told you that your memories were too 9 10 fragmented or too sketchy or too scattered, did they want to talk to you again after you went to the referral? 11 MS. HAST: 12 THE COURT: Objection. Sustained, don't answer. 13 Q Did you talk to them again after you saw Ali Salwa? 14 A I did. 15 Q Multiple times, correct? 16 A I have. 17 Q How many since you started seeing Ali Salwa? 18 A More than four, five. 19 Q And how long did each of those meetings take? 20 A Sometimes an hour and a half. 21 Q And I know that one was in September of 2018 because I 22 have that information. 23 MS. HAST: 24 THE COURT: 25 Q Objection. Sustained. Can you tell me what dates the other meetings were Page 2040 1 other than September 21st of 2018? 2 A I don't have that information on me. 3 Q Do you have any idea? 4 A Of dates? 5 Q Yes. 6 A I don't have dates. 7 Q Well, you met in September, do you remember if you met 8 between September and Christmas? 9 A Of 2019? 10 Q 2018? 11 A I don't remember. 12 Q And you don't have any idea when in 2019 you met with 13 the District Attorney's Office? 14 A Not off the top of my head, no. 15 Q When was the last time you met with the District 16 Attorney's Office? 17 A Before the holidays of 2019. 18 Q And that was in preparation for this trial, correct? 19 A Correct. 20 Q And when you were in that meeting, was anybody taking 21 any notes? 22 A Possibly, yes. 23 Q Who did you meet with? 24 A It was myself, it was Meghan Hast, it was Doug Wigdor 25 and Lindsey. Page 2041 1 Q Was Ms. Hast taking notes? 2 A I don't know that she was taking notes. 3 Q Was Lindsey taking notes? 4 MS. HAST: 5 THE COURT: 6 MS. ROTUNNO: 7 THE COURT: 9 Can I have the basis for that Is Lindsey Mr. Wigdor's assistant if you know. 10 MS. HAST: 11 THE COURT: 13 Sustained. objection? 8 12 Objection. Q She's an attorney with Mr. Wigdor. Okay. Was anybody from the District Attorney's Office besides Ms. Hast there? 14 A No. 15 Q When you sat down with the District Attorney's Office 16 in September of 2018, they took a lot of notes then, right? 17 A I can't remember that specific date. 18 Q Well, did you meet with, I think it was a lawyer named 19 Brian from the State attorney's office or the District 20 Attorney's Office? 21 A I apologize, I -- 22 Q Brandon, I apologize. 23 A I don't remember Brandon's name. 24 Q Was Ms. Illuzzi there on September 21st of 2018? 25 A I just don't remember the date. Page 2042 1 2 Q Do you remember sitting down with Brandon, Ms. Illuzzi, Kevin Wilson? 3 A I remember seeing Kevin, Ms. Illuzzi together. 4 Q But you don't remember the date? 5 A I don't remember the date. 6 Q Wasn't it at that meeting that you said you are still 7 struggling to remember the acts that took place after that, but 8 knows you had sex, correct? 9 A I don't remember the exact words. 10 Q Well, my point is, Ms. Wulff, when you initially talked 11 to the District Attorney's Office, you never said that you had 12 sex with Mr. Weinstein, correct? 13 MS. HAST: 14 THE COURT: 15 Q Objection. Overruled. Correct? 16 MS. HAST: 17 MS. ROTUNNO: 18 Objection, can we approach? All I know is based on the notes I have from Ms. Hast. 19 MS. HAST: 20 THE COURT: 21 ( Conversation held off the record). 22 THE COURT: 23 24 25 Can we approach? Okay. All right, thank you attorneys, you can ask that question, just make sure it is unambiguous. Q When you talked to the District Attorney's Office on September 21st of 2018, it was at that point that you said I'm Page 2043 1 still struggling to remember the act that took place after that, 2 but knows they had sex? 3 A I don't remember the exact date. 4 Q Do you remember saying that? 5 A I don't remember the exact conversation. 6 Q And that statement was made after you had already had 7 the referral to Ali Salwa? 8 MS. HAST: 9 THE COURT: 10 11 To referral, overruled. So just the referral if you can answer? A I don't remember the date of the meetings. 12 MS. ROTUNNO: 13 Judge, if I can approach for a minute? 14 15 Objection. THE COURT: Q Just ask the next question. Between the dates of the first meeting with the 16 District Attorney and the second meeting with the District 17 Attorney, we will try it this way. 18 You had several sessions with Ali Salwa, correct, 19 because the first meeting was October of 2017 and at least the 20 next meeting I know of was September 21st of 2018. 21 looking at almost a year. 22 23 24 25 So we are So, in that year period of time, if that helps, you had seen Doctor Salwa multiple times, correct? A Because I don't know the date, I don't want to make assumptions. Page 2044 1 2 Q Do you remember when you started going to the memory doctor? 3 MS. HAST: 4 THE COURT: Objection. Sustained as to the characterization. 5 Q Do you remember when you started seeing Ali Salwa? 6 A I remember my first session with her, yes. 7 Q Do you remember when that was? 8 A It is on my calendar, but not off the top of my head. 9 Q Would you accept my representation if I tell you it was 10 10 25 of 2017? 11 MS. HAST: 12 THE COURT: 13 14 Q Objection. Overruled. Approximately a week after you met with the District Attorney's Office the first time? 15 A I would be assuming that. 16 Q Would Ali Salwa's notes refresh your recollection? 17 A It is her writing, but -- 18 Q You do not trust her dates? 19 A Of course I trust Ali. 20 Q So, if I show you Ali's report, would that refresh your 21 recollection? 22 A Only if she tells me that is her writing, I'm sorry. 23 Q Ms. Wulff, you testified to a lot of issues, correct? 24 MS. HAST: 25 THE COURT: Objection. Sustained. Page 2045 1 2 Q Well, you testified to times and dates in regards to Mr. Weinstein, correct? 3 A Yes. 4 Q And you testified to instances that you claim Mr. 5 Weinstein perpetrated on you, correct? 6 A Sorry, repeat. 7 Q You testified to many instances you claim Mr. Weinstein 8 had interactions with you, correct? 9 A Correct. 10 Q And you understand what I'm attempting to do is talk to 11 you about a timeline that happened after the fact, correct? 12 MS. HAST: 13 THE COURT: 14 Objection. Overruled. If you understand what she's asking. 15 A I do. 16 Q And you understand I'm not here to trick you, correct? 17 MS. HAST: 18 THE COURT: 19 20 Q Objection. Sustained. Well, you understand I'm looking at notes from your professional that you chose, correct? 21 A Yes. 22 Q Who are you looking at? 23 A I'm looking at your notes. 24 25 You say they are from Ali, I'm taking your word for it, yes. Q So, if I showed you her notes, would you remember the Page 2046 1 time that you went to meet with her? 2 way: 3 D.A's for the first time? 4 5 I guess I can ask it this Do you not remember you met her one week after you met the A I do not remember the exact time frame between the first meeting with the District Attorney and seeing Ali. 6 Q 7 year? 8 A It was not a year. 9 Q Could have been a week, a month, six months, you tell 10 So, you do not remember if it was a week, month, a me, you went? 11 A It could have been several weeks. 12 Q So, you are not sure? 13 A I'm not sure of the date. 14 Q You know that you've seen her 55 times? 15 A I believe that, yes. 16 Q From a span of October of 2017 until the end of 2019, 17 does that sound right? 18 A Yes. 19 Q And it was after all of those sessions and meetings 20 that the District Attorney's Office then said we can use you as 21 a witness, correct? 22 23 A It was after had seen Ali that they, that I met with them again. 24 Q Then they said we will use you in this case, correct? 25 A Yes. Page 2047 1 Q And after several sessions with Ms. Salwa, isn't it 2 correct that you told the prosecutors you think that, you think 3 you voiced you didn't want to have sex? 4 A I don't -- could you repeat that. 5 Q I mean whatever day it happened, did you ever tell the 6 prosecutors's office that after the meetings with Ms. Salwa, you 7 think you voiced that you didn't want to have sex? 8 9 10 11 A I don't know that I said that, I don't remember the exact conversation. Q And after you claim that Mr. Weinstein had you on the bed on Crosby Street, at some point you got up, correct? 12 A Correct. 13 Q You don't remember how you got up? 14 A I got up on my own. 15 Q You don't have any recollection of what you did leaving 16 the apartment, correct? 17 A Correct. 18 Q And you don't remember what you were wearing? 19 A No. 20 Q So, you don't remember if you had pants on that were 21 taken off or a skirt on that was lifted up? 22 A I don't remember exactly what I was wearing. 23 Q So, you don't remember how those clothes were taken off 24 25 or put back on, correct? A No. Could you say that again. Page 2048 1 2 Q You don't remember how the clothes were taken off or put back on? 3 MS. HAST: 4 THE COURT: 5 6 A Objection. Overruled. I don't remember, I remember not having, I remember not pulling up pants. 7 Q But you have no other recollection about clothing? 8 A No. 9 Q And then you say you leave the apartment with Mr. 10 Weinstein, correct? 11 A I only remember being in the car. 12 Q So, you don't remember getting in the elevator? 13 A No. 14 Q You don't remember how you felt in the elevator with 15 Mr. Weinstein? 16 A No. 17 Q You don't remember whether you waited for him to gather 18 his things so he could leave, correct? 19 A No. 20 Q You don't remember if he took anything with him as you 21 were leaving? 22 A No. 23 Q You don't remember how he got dressed? 24 A No. 25 Q You don't remember about his pants coming on or off? Page 2049 1 A No. 2 Q And when you got in the car, you got in the back of the 3 car with him? 4 A We were in the backseat. 5 Q You didn't just walk out and say I'll see you later, 6 I'm going? 7 A No. 8 Q Because you wanted to go back to the Weinstein 9 Corporation? 10 A No. 11 Q You wanted to get the script? 12 A I didn't say anything because I didn't want to react. 13 Q Well, you got in the car with him, correct? 14 A Correct. 15 Q And he didn't push you in the car, correct? 16 A Correct. 17 Q He didn't force you in the car, correct? 18 A Correct. 19 Q The driver did not put you in the car, correct? 20 A Correct. 21 Q Then when you got to the Weinstein Corporation, you 22 went in by yourself, correct? 23 A I believe so. 24 Q And when you went in, you didn't tell anybody there I 25 want nothing to do with this guy, did you? Page 2050 1 A No. 2 Q And you went back up and got the envelope, correct? 3 A Correct. 4 Q When you went home, you didn't burn that script, did 6 A No. 7 Q You didn't throw the script in the garbage? 8 A No. 9 Q You didn't say oh my God, I want nothing to do with the 5 10 you? man who just violated me, did you? 11 A Those aren't my words. 12 Q Let me ask you this, did you read the script? 13 A No. 14 Q You never took it out of the envelope? 15 A I remember the first page. 16 Q When you got home, did you take it out and look at it? 17 A I remember pulling it out. 18 Q And you saw the first page? 19 A Correct. 20 Q What did you do with that? 21 A I put it away. 22 Q Where did you put it? 23 A In a box. 24 Q Did you save it? 25 A For a few years, yes. Page 2051 1 Q When did you throw it away? 2 A Several years ago. 3 Q And did it have any dates on it? 4 A I don't know, I don't remember. 5 Q In all the photos that the Government showed you of 6 Cipriani and of Crosby Street, they did not show you any 7 photographs of the area where you claim Mr. Weinstein took you 8 to on the roof, correct? 9 A Correct. 10 Q And you didn't provide them with any photographs of 11 that area? 12 A Correct. 13 Q That area on Crosby Street when you walked out, that is 14 a highly populated area in Soho, correct? 15 A I don't know. 16 Q When you came out, there were people on the street, 17 correct? 18 A I don't remember seeing people. 19 Q And you know that area now to be a busy area of the 20 city? 21 A I'm familiar with it yes. 22 Q You are a New Yorker? 23 A Correct. 24 Q You worked at Cipriani's? 25 A Yes. Page 2052 1 Q Cipriani's was not far from that location, correct? 2 A Correct. 3 Q And, you stated on direct examination that the first 4 time you took anything to be a red flag was when you were being 5 put down on the bed; is that right? 6 A Correct. 7 8 9 MS. ROTUNNO: Q If I can have a minute, Judge. Ms. Wulff, you did some work for the Weinstein Company in 2010, is that correct? 10 A Yes. 11 Q And that was four or five or six years after you claim 12 Mr. Weinstein assaulted you, correct? 13 A Correct. 14 Q And that work was for a shoot that Harvey did at 15 Cipriani's, correct? 16 A I don't remember that. 17 Q Well, what work did you do? 18 A I remember a correspondence with an employee of the 19 company about I believe a waitressing event. 20 Q And you actually did that, correct? 21 A I don't remember the event. 22 Q But did you work? 23 A According to my e-mail, yes. 24 Q And you looked at your e-mail, correct? 25 A Correct. Page 2053 1 2 Q And your e-mail stated to Maria. Did you e-mail Maria asking to get paid? 3 A I remember asking, discussing being paid, yes. 4 Q And that was to a woman named Maria Ryan; is that 5 right? 6 7 8 9 A I don't remember her name, but I do have the e-mail, Q I'm going to refresh your recollection with your yes. e-mail, correct, is that okay. This is defense -- 10 THE COURT: 11 MR. AIDALA: 12 ( Handed to witness). 13 14 Q That is V as in Victor. Yes. Ms. Wulff, I'm handing you what I previously marked as Defense Exhibit V, do you recognize that e-mail? 15 A I do. 16 Q Does that e-mail not only refresh your recollection, 17 but does that e-mail truly and accurately depict the 18 conversation you sent to Maria and Maria sent back to you? 19 A This is my e-mail, yes. 20 Q Does that e-mail appear to be in the same form it was 21 22 23 24 25 at the time you sent it? A It seems to be. MS. ROTUNNO: I'm asking to introduce Defendant's V into evidence. MS. HAST: No objection. Page 2054 1 THE COURT: 2 3 4 V is received into evidence, next question. Q And in that e-mail, Ms. Wulff, you are asking to be paid for the work that you did, correct? 5 A Correct. 6 Q And in that e-mail, Ms. Wulff, you list your home 7 address, correct? 8 A I did. 9 Q And you list that address as a place for the Weinstein 10 Company to send you a check, is that correct? . 11 A I think that was my intention. 12 Q Well, your e-mail says hi Maria, this is Tarale, 13 Cipriani's waitress. Thank you for taking care of loose ends. 14 Here is my info, you send your name, your phone number, and your 15 address, correct? 16 A Yes. 17 Q Then you say what the rate for the evening was? 18 A Correct. 19 Q And she responds to you and says as discussed, I'm 20 leaving an envelope with the money at our security desk. 21 did not send it to you, you went and got it? 22 A That is what she said to do. 23 Q But it says as discussed. They So you must have had some 24 discussion with her at some point about going there to pick it 25 up rather than I'm sending it to you, correct? Page 2055 1 A According to the e-mail, yes. 2 Q And you went to the address on Greenwich? 3 A I don't know. 4 Q Picked up that money? 5 A I don't know that I went there. 6 Q You don't remember? 7 A I don't. 8 Q And you don't remember how you got the money? 9 A I don't remember. 10 Q Somebody else was getting it for you? 11 A I don't -- 12 Q Do you remember if you got paid? 13 A I don't. 14 Q If you did not get paid, you think you would have 15 reached out again? 16 A I assume that I would. 17 Q And, it says in this e-mail you were a Cipriani 18 waitress, did you go back working at Cipriani's? 19 A I worked at Cipriani on and off for many years. 20 Q So, after you were fired in 2006 you went back? 21 A They asked me to come back. 22 Q When they asked you to come back, you knew Mr. 23 Weinstein was somebody who frequented that restaurant, isn't 24 that right? 25 A I know he had -- he's a guest of the owner. Page 2056 1 2 Q And did you see him in all the years you went back and worked on and off at Cipriani? 3 A I don't remember another encounter with him at 4 Cipriani. 5 Q So, you are not sure if you saw him or didn't? 6 A I don't remember an encounter with him. 7 MS. ROTUNNO: If I can have one moment. 8 Q You said you are currently a model for print adds? 9 A Correct. 10 Q A model for fit clothes, like models that try clothes 11 on on-line, correct? 12 A Correct. 13 Q And do you also own a real estate company? 14 A No. 15 Q You don't own a real estate company? 16 Do you own a travel company? 17 A No. 18 Q BS Travel? 19 A BS Travel? 20 Q Yes? 21 A No. 22 Q Are you not sure if you own a travel company? 23 MS. HAST: Objection Judge, she said no. 24 Q Do you own any company? 25 A No. Page 2057 1 MS. ROTUNNO: 2 THE COURT: 3 MS. HAST: 4 REDIRECT EXAMINATION 5 BY MS. HAST: 6 Q 7 Cipriani? 8 A 9 Nothing further. Any redirect? Yes. Can you describe for the jury why you got fired from The circumstances were another waitress had a fight with my friend Gloria, and after our night was over, she picked 10 up a large bottle and she raised her hand as if she was going to 11 hit Gloria while we were sitting, playing a game on the table. 12 And she didn't strike her, and it was defused, but I 13 was furious that particular waitress was put right back on 14 shifts and never reprimanded or taken off the shift, and I 15 confronted Maurizio, my manager about it. 16 Q Were you angry when you confronted Maurizio about it? 17 A I was. 18 Q And when you say you got fired, can you just describe 19 20 what actually happened? A After our argument about it, I was taken off the shift, 21 taken off the schedule, not given any notice, not given any 22 shifts, and I was working four to six days a week. 23 I confronted him on that. Somebody had told me who 24 made the schedule said Maurizio said to take you off the 25 schedule with no reason. I assumed what it was, and I went to Page 2058 1 him personally. 2 MS. ROTUNNO: 3 THE COURT: 4 A Objection, speculation. Overruled. I assume the reason why I was taken off the schedule 5 was the argument, and I went to confront him and tell him to 6 fire me personally. 7 Q And the exhibit that defense counsel showed you just at 8 the end of cross examination, I'll hand it up to you again, the 9 e-mail you were discussing. 10 11 Is there an e-mail you provided to the D.A's Office that you found in your e-mails? 12 A Yes. 13 Q Can you -- 14 MS. ROTUNNO: 15 THE COURT: 16 Q Objection, relevance. Overruled. Can you just describe for the jury during that period 17 of time how you ended up working sort of special events like 18 that? 19 A Being a waitress at a venue, especially like Cipriani 20 where it is high profile, and they know you are good at your job 21 and companies will often ask us if we will work private events 22 if we are offered from our regular job. 23 Q You were asked questions about, on cross examination 24 about being told that the D.A's Office could not use you. 25 said it was not quite like that, do you remember that? You Page 2059 1 A Yes. 2 Q Were you actually told that the District Attorney's 3 Office couldn't charge the defendant with respect to your 4 incident? 5 A Yes. 6 Q And are you aware of the statute of limitations with 7 respect to your incident? 8 A Yes. 9 Q Was your incident outside of those statute of 10 limitations? 11 A It is. 12 Q You said you did not remember exactly what you were 13 wearing on the day you went for the interview. 14 15 16 Do you recall if you were wearing pants or a skirt or a dress? A I don't remember wearing pants. I remember the 17 weather, the temperature and possibly wearing a dress, a summer 18 dress. 19 MS. ROTUNNO: 20 THE COURT: 21 22 Q Object to the possibly. Question and answer stands. You were asked about photographs of that upstairs rooftop area, do you remember that? 23 A Yes. 24 Q Do you have any photographs of that upstairs rooftop 25 area? Page 2060 1 A No. 2 Q You were asked several questions on cross examination 3 about an interview that you had with the D.A's office back with 4 some ADA's different than myself and Ms. Illuzzi in October of 5 2017, remember those questions? 6 A Yes. 7 Q And that interview took place before you went and 8 9 started seeing Ali; is that right? A Yes. 10 MR. CHERONIS: 11 THE COURT: 12 13 14 Q Objection, leading. Sustained. Do you remember if that interview took place before or after you began seeing Ali? A It began before. 15 MS. HAST: Judge, I would seek to admit into 16 Evidence People's exhibit 101 which are notes from that 17 interview from October 16, 2017 taken by an ADA during that 18 interview. 19 MS. ROTUNNO: 20 THE COURT: 21 22 23 Q Objection. Sustained. I'm just going to take you through and ask you if you remember some. Do you remember some of the things, not exactly, but do 24 you remember the context of what you said to the District 25 Attorneys during that meeting? Page 2061 1 A I do. 2 Q Did you recall that at the time you had an interaction 3 with the defendant inside Cipriani when you were meeting with 4 the District Attorneys that day? 5 MS. ROTUNNO: 6 THE COURT: 7 8 Q Objection. Sustained. Did you speak to the District Attorneys that day about the interaction you had with the defendant at Cipriani? 9 MS. ROTUNNO: Objection. 10 THE COURT: 11 MS. HAST: 12 THE COURT: 13 ( Conversation held off the record). 14 THE COURT: 15 Q Sustained. Can we approach? Yes. Okay, thank you, next question. When you first met with the District Attorney's Office, 16 did you tell the District Attorney's Office about the first 17 incident in Cipriani? 18 MS. ROTUNNO: 19 MR. CHERONIS: 20 THE COURT: Objection. Objection. Overruled. 21 A Yes. 22 Q What did you tell them? 23 24 25 MR. CHERONIS: A Objection. I told them -MS. ROTUNNO: Same objection. Page 2062 1 2 THE COURT: A Overruled. I told them that I had seen him at the owner's table, 3 served him a drink. 4 stairs and brought me to the roof. 5 6 Q He had taken me by the arm through the Did you tell them, what did you tell them about what happened at the roof? 7 MS. ROTUNNO: 8 THE COURT: 9 10 11 Q Next question. happened on the roof? A I did. MS. ROTUNNO: 13 THE COURT: 15 Sustained as to that. Did you tell them additional details about what 12 14 Objection, this is not going -- Q Objection. Overruled. Did you tell the District Attorney about the second time when you met at the Weinstein office? 16 MS. ROTUNNO: 17 THE COURT: Same objection. Overruled. 18 A I believe I told them, yes. 19 Q And did you tell them about what happened when you went 20 to the defendant's apartment? 21 A Yes. 22 Q Did you tell them details about what happened when you 23 went to the defendant's apartment? 24 A Yes. 25 Q Did you tell them about getting raped in the Page 2063 1 defendant's apartment? 2 MR. AIDALA: 3 MS. ROTUNNO: 4 MR. CHERONIS: 5 THE COURT: 6 7 Q 12 Objection. Sustained. intercourse with you while you were in his apartment? MS. ROTUNNO: A THE COURT: Q Objection. Yes. 10 11 Objection. Did you tell them about the fact the defendant had 8 9 Objection. Overruled. Did you tell them that the defendant didn't wear a condom? 13 A Yes. 14 Q So, before you saw Ali, you remembered all those things 15 16 and told the D.A's Office? A Correct. 17 MR. CHERONIS: 18 THE COURT: 19 Q Objection. Overruled. And during that conversation, you provided the District 20 Attorney with additional details that you remembered about that 21 incident as well, correct? 22 MS. ROTUNNO: 23 A 24 25 Correct. THE COURT: Q Objection. Overruled. Those are the same things that you testified to today? Page 2064 1 A Correct. 2 MR. CHERONIS: 3 THE COURT: 4 MS. HAST: 5 6 Q Objection. Overruled. One moment, your Honor. Do you remember telling the D.A's that he was on top of you and that he was heavy? 7 A Yes. 8 Q And by the way, during that waitressing job that you 9 had talked about at the end of cross examination regarding the 10 e-mail, do you remember seeing Harvey Weinstein at that event? 11 A No. 12 Q Did you even realize at that point it was a Weinstein 13 14 15 event? A I'm not sure, I don't remember that I knew what event it was. 16 MS. HAST: 17 THE COURT: 18 MS. ROTUNNO: 19 RECROSS EXAMINATION 20 BY MS. ROTUNNO: That is it. Anything? Yes. 21 Q You knew who to ask to get paid, correct? 22 A I had contact information. 23 Q You know it was going to the Weinstein Company, 24 correct? 25 A I don't know I knew that, but it is in the e-mail. Page 2065 1 Q Well, Cipriani didn't pay you? 2 A Correct. 3 Q You knew you had to reach out to someone to get paid? 4 A Correct. 5 Q So, you sent the e-mail out to the Weinstein Company, 6 correct? 7 A Correct. 8 Q And the prosecutor asked you a series of questions in 9 regard to your original interview with the prosecutor. 10 After that interview, you were told your memory was 11 fragmented and that you should go see a doctor that they 12 referred you to? 13 14 MS. HAST: A 15 16 17 No. THE COURT: Q sat down and had many more conversations? MS. HAST: 19 THE COURT: 21 Sustained. Isn't it correct it was after those meetings that you 18 20 Objection. Q Objection. Please clarify what that means. After the meetings with Ali Salwa, you had multiple meetings with the District Attorney's Office? 22 A Correct. 23 Q And in that original interview, you never said that Mr. 24 25 Weinstein placed himself inside of you? MS. HAST: Objection. Page 2066 1 Q Never used those words? 2 A I don't remember. 3 THE COURT: Overruled. 4 Q You don't remember? 5 A I don't remember the exact conversation. 6 Q Because you don't really remember any exact 7 conversations, correct? 8 MS. HAST: 9 THE COURT: 10 Objection. Sustained, if that is argumentative. If you ask it a different way. 11 Q I asked you a series of questions today, correct? 12 A Correct. 13 Q I asked you a series of questions about the dates and 14 times you went to meet with these prosecutors? 15 A Correct. 16 Q You don't know those dates, correct? 17 A Off the top of my head. 18 MS. HAST: 19 Objection, outside the scope of redirect. 20 THE COURT: Overruled. 21 Q You don't know those dates off the top of your head? 22 A Off the top of my head, no. 23 Q You don't know what you said in each individual 24 25 meeting, do you? A Verbatim and date, no. Page 2067 1 Q And did you keep notes? 2 A No. 3 Q And so, do you take their word for it when they tell 4 you what they said on specific dates? 5 MS. HAST: 6 THE COURT: 7 Q Objection. Sustained. After you had multiple meetings with Ali Salwa between 8 October of 2017 and September of 2018, you sat down with the 9 District Attorney's Office in September of 2018, and that was 10 September 21st, will you take my word for that? 11 MS. HAST: 12 THE COURT: Objection. Overruled. 13 A I will take your word for it. 14 Q And when you sat down with the District Attorney's 15 Office after one year's worth of meetings with a memory expert, 16 clinician, whoever you went to see and whatever you want to 17 qualify Ms. Salwa as -- 18 MS. HAST: 19 THE COURT: 20 Q Objection. Sustained. After all those meetings with Ali Salwa, you sat down 21 with the prosecutors and said you are still struggling to 22 remember the act that took place after that, but knows that you 23 had sex, correct? 24 A I don't know my exact words. 25 Q Well, you know, in order to be truthful, you don't have Page 2068 1 to have a good memory. 2 MS. HAST: 3 THE COURT: 4 5 Q Objection. Sustained. What I'm asking you is do you remember saying those words? 6 A I don't remember saying those exact words. 7 Q Well, is that true? 8 A Is it true? 9 Q Is that statement I just read true? 10 A No. 11 Q So, you are still struggling to remember the act that 12 took place after that, but you know you had sex, that is not 13 true? 14 MS. HAST: 15 THE COURT: 16 17 18 Sustained. Just ask that in the converse way. Q Is it true that you said you are still struggling to remember the act that took place after that? 19 THE COURT: 20 is true. 21 Q 22 Objection. Not that she said it, just ask if it Is it true that you are still struggling to remember the act that took place, but you know you had sex, is that true? 23 A No. 24 Q Is it true that you think you voiced that you did not 25 want to have sex, you think that is true? Page 2069 1 A Are you asking me if I said that? 2 Q I'm asking you if that statement is true? 3 A Not to my, I don't remember that. 4 Q So, that is not true? 5 THE COURT: So, the question isn't whether or not 6 you said it, the question is right now, do you think the 7 statement she's asking you is true, so ask it again. 8 She's just asking you if you think the following 9 statement is actually true, not whether you said it to 10 anybody. 11 A Thank you. 12 Q That you think you voiced that you did not want to have 13 14 sex, is that statement true? A No. 15 THE COURT: Okay. 16 MS. HAST: 17 do you remember about that. Yes. 18 MS. ROTUNNO: 19 THE COURT: 20 MS. HAST: Explain what is the truth, what Objection. You have to be more specific. At the point when the defendant put you 21 on to the bed, did you voice to him that you did not want 22 to have sex with him? 23 A 24 25 I did not say that. MS. HAST: A I said I can't. What did you say? Page 2070 1 MS. HAST: Thank you. 2 THE COURT: 3 MS. ROTUNNO: 4 THE COURT: 5 step down, you are excused. Anything on that? No. Thank you for your testimony, you may 6 ( Witness exits courtroom). 7 THE COURT: 8 9:30 a.m. 9 instructions. 10 All right jurors, see you tomorrow Remain mindful of all my prior admonitions and During this or any other recess, keep an open 11 mind. Do not form an opinion as to the guilt or innocence 12 of the defendant. 13 Refrain from any and all research, electronic or 14 otherwise about anything whatsoever to do with this case. 15 Avoid all media and social media and press about 16 17 18 anything whatsoever to do with this case. Have a great afternoon, see you tomorrow morning 9:30, thank you. 19 ( Jury exits courtroom). 20 MS. ROTUNNO: We are requesting to ask questions 21 of Ms. Wulff outside the presence of the jury with regard 22 to this Gloria B. U. S. S. E. 23 Judge, I feel I could not get into that because I 24 had no idea what answers she was going to give me back, and 25 I did not want to get into that in front of the jury. Page 2071 1 We should have the opportunity to question her 2 with regard to that and make a decision if we want to 3 recall her. 4 THE COURT: Talk to the District Attorney first 5 about that and the possible parameters. 6 Wulff is available for recall if required, during what you 7 perceive to be the pendency of this case. 8 9 10 MS. ILLUZZI: Make sure Ms. I have something to say. We are happy to provide the contact information for this woman if that helps, number one. 11 Number two, we would like to point out that the 12 defense's entire argument regarding it being a crucial 13 point that her recollection was refreshed when it actually, 14 when this incident at Crosby Street actually happened, and 15 the big reveal was that the defendant didn't own Crosby 16 Street until 2005, but we can prove he rented for a year 17 before that. 18 19 So he had, he was in that apartment in 2004 in August of 2004 and rented for that period of time. 20 So this entire situation is a moot point, and we 21 would like to show defense attorney and hand up to the 22 Court that information. 23 MS. ROTUNNO: It is not a moot point. It does not 24 mean Mr. Weinstein lived there because he rented the 25 place. Somebody else could live there. They put in front Page 2072 1 of this jury Mr. Weinstein bought that property in 2005. 2 They did that for a reason. 3 If they knew he had access to the property before 4 then, that is what they should have put in as far as a 5 stipulation. 6 Mr. Weinstein owned multiple properties for 7 multiple reasons. 8 like you or me or somebody else. 9 different situation. 10 This is not a guy that had one house MS. ILLUZZI: This is a completely The point is he paid 50 thousand 11 dollars a month for the rental of that apartment. 12 he had access to it. 13 access to that apartment. 14 So yes, Isn't that the point, right, he had And you know what, we are happy to put in the 15 documentation that he rented that apartment in 2004. 16 are happy to put that evidence in a stipulation. 17 MR. CHERONIS: We I would like to make a record of 18 something as well. Thank you. Ms. Illuzzi will now make 19 available to us names she should have made available to us 20 in the past. 21 With that said, they asked Ms. Wulff on the record 22 whether or not there was a conversation about being able to 23 use her for the case, and the statute of limitations. 24 25 In fact, the State tendered to us discovery, and that discovery states there was a conversation between a Page 2073 1 Lynn Frederick Hauly and Doctor Ali Salwa, and in that 2 statement it says they have talked to the District Attorney 3 who thinks she's credible, but her memory is so fragmented, 4 they are concerned they don't have enough to make a case. 5 Nothing about the statute of limitations. 6 Moreover, and maybe more importantly, at the sidebar not 7 recorded, Ms. Hast said because we could not prove a 8 forcible rape, for her on redirect to say to Ms. Wulff this 9 is an issue about the statute of limitations when they 10 tendered us discovery saying their own office was concerned 11 they could not make a case because her memory was so 12 fragmented is disingenuous. 13 witness we say is improper. 14 MS. ILLUZZI: To elicit that from the Judge, we could not make a case for 15 forcible rape, and it is well outside of the statute of 16 limitations for rape three. 17 original notes that a rape three is made out, but not a 18 forcible rape, given what she's able to remember. So you can see from her 19 Judge, all of the notes that were taken by 20 Jennifer Gaffney at that original meeting when the District 21 Attorney's Office first spoke to this witness should come 22 into evidence. 23 The thrust of their cross examination was that 24 somehow, and they said it even over objection or multiple 25 times, she went to a special memory doctor and what have Page 2074 1 you. It is up to the jury to make that determination, and 2 these notes are clear that is not the case, that she 3 remembered almost verbatim exactly what she said here 4 today. So those notes should come in. 5 6 MR. CHERONIS: stated. 7 8 MS. ILLUZZI: THE COURT: 10 MS. HAST: Who are you calling tomorrow. We are calling Lincoln Davies, depending on the Judge's ruling rule, Maurizio Ferrigno. 12 13 What are they trying to hide if that is their argument? 9 11 We disagree for the reason we THE COURT: What is Maurizio Ferrigno going to say? 14 MS. HAST: He was the manager, so he recalls 15 seeing the defendant walking up the stairs with Tarale. 16 Tarale looking back down at him and him not doing 17 anything. 18 and continued managing. He just walked right back into the restaurant 19 MR. CHERONIS: 20 THE COURT: All right, who else? 21 MR. AIDALA: Your Honor, regarding that witness -- 22 THE COURT: Hold on, it is one attorney per 23 We object to that as well. objection, so -- 24 MR. CHERONIS: 25 THE COURT: Regarding. You can tell Mr. Cheronis. Page 2075 1 MR. CHERONIS: He does not need to. Regarding 2 that witness, this is a Molineaux witness they are trying 3 to call, a corroborative witness when that is not even the 4 basis for the introduction of the Molineaux testimony. 5 We think it is collateral, we do not think it is 6 something the jury should hear. 7 relevant. 8 is the basis for our objection. 9 It violates the Molineaux order and rule, that THE COURT: 10 We don't think it is MR. CHERONIS: All right, the objection is denied. And for the record, Mr. Maurizio 11 also has other information that was included in his report 12 that we can talk about potentially off the record we are 13 hoping the State will not try to get into or else it will 14 be more Sandoval evidence, propensity evidence. 15 And based on some of the representations they made 16 regarding other witnesses in the case, we fully expect them 17 to have Maurizio attempt to testify how Mr. Weinstein 18 behaved at Cipriani, how he acted. 19 None of that is relevant, that is propensity 20 evidence. 21 Ms. Wulff walk upstairs, that should be the thrust of the 22 testimony. 23 If he's being called as a witness to say he saw THE COURT: I could not agree more with that, 24 which is why I asked the question I did, and I assume why 25 you answered it the way you did. Page 2076 1 MS. HAST: 2 part. 3 witness. I'll not agree with the propensity We are not intending to go into that with this 4 He will testify he did not say and do anything 5 because Mr. Weinstein was a good friend of Cipriani and 6 that was his boss. 7 But that is the only extent of it. He should be able to testify why he did not do 8 anything when he saw Tarale looking uncomfortable and going 9 up the stairs with defendant. 10 THE COURT: You can either not call him or you 11 can call him for the reasons you stated which is just what 12 he saw. 13 MS. HAST: Then we will call. 14 MS. ILLUZZI: Then we are going to call someone 15 from Boies Schiller who will talk about what Black Cube is 16 and retaining Black Cube for the defendant. 17 discussed earlier that defense will not stipulate to. 18 19 MR. CHERONIS: We have a continued objection to that based on the attorney client privilege. 20 THE COURT: 21 MS. ILLUZZI: 22 It was what we Okay. We have one other witness for tomorrow. 23 THE COURT: 24 MS. HAST: 25 THE COURT: What? Two more witnesses. Who are they? Page 2077 1 MS. ILLUZZI: Okay, one is Monica Mikkelson, she's 2 the casting director on the movie Pulse. 3 Tarale Wulff and we discussed the fact that movie was not 4 even something that was in the control of Harvey Weinstein, 5 it was his brother's movie and not his. 6 did not have any hand in the casing of that to illustrate 7 the disingenuousness of him handing Tarale Wulff this 8 script for Pulse. 9 MR. CHERONIS: She has never met And Mr. Weinstein We are objecting to that again. 10 What does that have to do with whether or not a sexual 11 assault occurred? 12 evidence they are trying to include in this case not 13 relevant whatsoever. 14 Absolutely nothing, it is more extrinsic Whether or not he has a script that was actually 15 being offered or not, that has absolutely nothing to do 16 with whether or not they can establish as a Molineaux 17 witness. 18 Weinstein assaulted somebody, it is again, a collateral, 19 non relevant issue. 20 I don't know if they did that in this case, Mr. MS. ILLUZZI: It is relevant to his, the 21 defendant's intent and his knowledge of lack of consent. 22 It is the whole concept of tricking women into his lair. 23 It is the entire concept of that, Judge. 24 25 MR. CHERONIS: is not relevant. It is not relevant. She knows it It has nothing to do with whether or not Page 2078 1 one, they were in that apartment and a sexual assault 2 occurred or didn't, nothing. 3 THE COURT: 4 that, Mr. Cheronis. 5 All right, I disagree with you on As to Davis, he can testify only as to his 6 observations of the witness being upset and only that they 7 had that social slash professional relationship with the 8 defendant and whomever, and he may not testify as to the 9 prior consistent statement based on a claim of recent 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 fabrication. Anything else? See you 9:30, thank you. (Trial adjourned to 1-30-20) Page 2165 SUPREME COURT NEW YORK COUNTY TRIAL TERM PART 99 ------------------------------------x THE PEOPLE OF THE STATE OF NEW YORK : INDICTMENT # : 2335-18 : 2673-19 : AGAINST : CHARGE : Pred Sex Asslt HARVEY WEINSTEIN : : : Defendant : -------------------------------------x Trial 100 Centre Street New York, New York 10013 January 31, 2020 B E F O R E: HONORABLE: JAMES BURKE, JUSTICE OF THE SUPREME COURT APPEARANCES: (Same as previously noted) ---------------------------------------------------------------------THE CLERK: Case on trial continued, all parties are present. THE COURT: We have one juror who will be here in a couple of minutes. So, about the Molineaux charge, if you want to step up and look at what I have. ( Conversation held off the record). Page 2166 1 THE COURT: Thank you. Jurors are all here, you 2 wanted to make an application or state something for the 3 record? 4 MR. CHERONIS: Yes, your Honor. We filed a motion 5 early this morning as it pertained to Tarale Wulff and what 6 occurred during her testimony, and what we have learned 7 happened long before she testified. 8 9 As you recall, Ms. Wulff testified to essentially two encounters between herself and Mr. Weinstein. 10 The first alleged encounter at Cipriani sometime 11 in 2004 or 2005; or if you take Mr. Ferrigno's testimony 12 2006. 13 The second alleged occurrence, according to Ms. 14 Wulff, took place sometime in 2005, although there were 15 discrepancies as to that, at Mr. Weinstein's Crosby 16 apartment. 17 18 19 Her testimony was essentially limited to those two encounters. During the course of her cross examination, Ms. 20 Rotunno asked her questions about how she essentially 21 remembered this occurred in 2005 as opposed to 2004, and 22 for the first time during cross examination, it was 23 revealed she had a conversation with an individual named 24 Gloria Buss (phon splg) and that helped trigger her memory 25 as to when these events occurred. Ms. Rotunno asked for a Page 2167 1 2 sidebar and approached. When she did so, she indicated to the Court we had 3 never learned or given the name of Gloria or any 4 information despite the fact before the cross examination 5 Ms. Rotunno brought this issue up before your Honor. 6 This was the first time we heard of that. 7 despite raising this issue, and we asked for an adjournment 8 which was not granted, and the cross examination continued. 9 And The Court inquired of the State as to whether or 10 not they had this Gloria name and information, and Ms. Hast 11 replied I just -- we didn't ever provide the name. 12 never talked to the person. 13 anything with respect to any conversations we had with that 14 person about the events and the person. 15 indication the person had any knowledge of the events. 16 We There was never any notes or There is no The cross examination continued and concluded. 17 Mr. Ferrigno testified the next day and the Wulff evidence 18 was closed. 19 Fast forward to yesterday afternoon. 20 received an e-mail from Ms. Hast. 21 different story was told. 22 Our office In that e-mail a In that e-mail, it was disclosed to us for the 23 first time, that in the summer, in an attempt to discuss 24 this information with Ms. Wulff, to have her more 25 accurately date the incident, there was a disclosure of she Page 2168 1 2 having a conversation with a friend named Gloria. After that point, Ms. Wulff contacted the District 3 Attorney's Office, excuse me, Ms. Wulff's attorney 4 contacted the District Attorney's Office, and when Ms. 5 Wulff's attorney contacted the D.A's Office, he explained 6 that he had spoke with Gloria, and that Gloria recalled Ms. 7 Wulff asking her to come to a meeting she had with Mr. 8 Weinstein, because she did not want to be alone with him. 9 And Gloria in fact went with Ms. Wulff to the Mercer lobby 10 for the meeting. 11 Gloria's contact information. 12 The attorney did not want to give The State was in possession of information that a 13 witness never disclosed was present for a meeting between 14 Ms. Wulff and Mr. Weinstein. 15 16 17 She was also privied information as to how or why Ms. Wulff changed her mind as to the time. To say that is not Brady material, to say that is 18 not information that should be disclosed to Mr. Weinstein 19 and his attorneys, that argument cannot be made in good 20 faith for a number of reasons. 21 Ms. Wulff's memory was spotted. Ms. Wulff did not 22 testify to any other interactions between herself and Mr. 23 Weinstein. 24 There is an independent witness who could testify 25 or give information that in fact on some other occasion or Page 2169 1 on the occasion in question, she was with Ms. Wulff and Mr. 2 Weinstein. 3 credibility of Ms. Wulff who testified that this was two 4 incidents. 5 Weinstein. 6 That would undercut, to a large degree, the No other time was she in the company of Mr. And in fact, at least if Ms. Buss is to be 7 believed, there was another incident where Mr. Weinstein 8 was talking to her at a coffee shop regarding casting. 9 Ms. Hast stated on the record they did not have 10 any information from this witness. 11 There was information. 12 That was not accurate. What was accurate is the information was not 13 turned over. 14 already testified, there is relevant information withheld 15 from us prior to that cross examination, that witness had 16 information between the relationship of Mr. Weinstein and 17 Ms. Wulff, that is Brady material, that is Brady material 18 encompassing impeachment material, so we could not cross 19 examine Ms. Wulff on the issue whether or not she had this 20 meeting with Gloria and Mr. Weinstein, because we did not 21 know about it, and Ms. Buss could offer that information to 22 us. 23 So we are in a position now where Ms. Wulff There is absolutely no reason that information 24 should have been withheld, no reason whatsoever. 25 got matter Ms. Wulff did not say it directly. It does Page 2170 1 2 Ms. Wulff's lawyer contacted the State and gave them that information. 3 So, we are in a position now where Ms. Wulff 4 having testified without the benefit of having what we 5 believe -- and we don't believe there is a good faith 6 argument to the contrary, there was discoverable material 7 that should have been turned over to us. 8 9 It is a witness to an interaction between Mr. Weinstein and Ms. Wulff. 10 Ms. Wulff painted a picture of two incidents, 11 painted a picture of this being the only time she ever met 12 with Mr. Weinstein regarding a casting situation, when in 13 fact now we have information the State had in the summer 14 that at least another occasion Ms. Wulff met with Mr. 15 Weinstein at the Mercer Hotel with another individual. 16 Based on that, we are asking you to make a finding 17 this is a discovery violation. 18 violation, and if you recall in the letter sent to us when 19 the date change occurred, it appeared to be more of a 20 scrivener's error as opposed to information they learned 21 from Mr. Wigdor or this person named Gloria. 22 This is in fact a Brady So, here we are now in a situation where Ms. Wulff 23 having already testified, this information was withheld 24 from us. This information was critical. This information 25 could have led to discoverable material. This information Page 2171 1 could have led to an interview of Ms. Buss. 2 information could have led to a more thorough cross 3 examination, because Ms. Wulff never said this to the 4 State, so we had impeachment evidence regarding that. 5 6 This We are in a situation where Ms. Wulff is done testifying. 7 Information was withheld from us. Yesterday for the first time we received 8 information about Ms. Buss. 9 the Witcom system to attempt to call her, too little, too 10 I was given in connection to late, your Honor. 11 We are requesting initially, based on what we 12 consider to be a significant Brady violation, the dismissal 13 of the indictment. 14 Wulff's testimony to be stricken with an instruction the 15 reason it was stricken is because the State failed to turn 16 over relevant material that would have gone to her 17 credibility during cross examination. 18 Alternatively, we are asking for Ms. This is a serious issue, this is not a minor 19 issue. We consider this a significant Brady violation and 20 requesting the relieve included in our motion. 21 THE COURT: 22 MS. HAST: People. Judge, this is simply not a Brady 23 violation. 24 with what Tarale Wulff said or testified about. 25 Nothing in what Ms. Buss said is inconsistent Ms. Wulff never testified there was no other Page 2172 1 time. 2 with the defendant. 3 interactions. 4 5 She simply said she only recalled two interactions She testified about those two She still has no recollection of the meeting in the Mercer Hotel, and she didn't testify about it. 6 When asked, she said these are the only two, I 7 don't have any other recollection as to another incident 8 with the defendant. 9 10 The incident isn't inconsistent in any way with what Tarale describes. 11 Ms. Buss remembers a time she was going to meet 12 somebody briefly about acting, and it ended up being the 13 defendant, a very brief meeting and they left to have 14 lunch. 15 testified about having had a conversation with the 16 defendant about acting, him saying she should come to his 17 offices to read for a script, and her eventually ending up 18 at the offices and reading for the script and going to his 19 apartment. 20 That is not inconsistent with what Ms. Wulff So, it certainly is not a Brady violation. And it 21 is the People's position it is not a discovery violation 22 either. 23 24 25 It is just simply not material. That woman, we never were able to talk to her; she never returned calls. I remember when this came up yesterday, we started Page 2173 1 discussing Gloria and getting in touch with her, the 2 attorney had told me about that was the reason Tarale had 3 dated it. 4 Tarale attempted to date it. 5 But really, the focus of that conversation was Since I started talking with Tarale, she had 6 always been uncertain about whether or not the situation 7 with the defendant happened in 2004 when she first started 8 working at Cipriani, or later in 2005 when she initially 9 started sort of thinking it was more 2005 because she had 10 remembered when she talked about the incident, she would 11 talk about that she had, was getting like the good tables 12 and that seemed to mean she was at Cipriani for longer than 13 having just started working there. 14 We had asked her to see if there were any other 15 things she could check, and paperwork or talk to anybody 16 that worked there to see if she could better date it. 17 is when she ended up having the conversation with Gloria, 18 and her attorney informed me she believed it was 2005 based 19 on that conversation, and that she had remembered Gloria, 20 that she was not friends with Gloria when she first started 21 working in 2005, and she sort of extrapolated because she 22 was out with Gloria and asked her to go to this meeting. 23 She therefore said it had been in 2005 because at that time 24 she was already good friends, friends with Gloria in the 25 sense she was going out and doing things with her like That Page 2174 1 going to lunch and the castings. 2 It is the People's position it was not something 3 related to the subject matter of the testimony, and was 4 therefore not discoverable. 5 And even if the Court finds that it was 6 discoverable, the Court under 246 point 80 subsection one, 7 the Court shall impose an appropriate remedy or sanction if 8 the party entitled disclosure shows it was prejudiced. 9 Here Tarale would testify she didn't remember, she 10 does not remember another incident in the Mercer Hotel, and 11 defense can certainly call her on their case and ask her 12 that. 13 So that certainly does not show any sort of 14 prejudice. They can call Gloria and have Gloria say I 15 remember an incident when Tarale was scared to be alone 16 with defendant, and she brought me with her and I was 17 really creeped out by the defendant if they so choose to 18 have Gloria come in and testify. 19 MR. CHERONIS: Your Honor, Ms. Hast in her letter 20 explained she received a text message from Gloria on the 21 27th. 22 I believe Ms. Wulff testified on the 29th. So, as of the 27th, Ms. Hast was in possession of 23 a text message from Gloria saying she was willing to talk 24 to Ms. Hast. 25 At that time, Ms. Hast had the information as to Page 2175 1 what Gloria knew, because she had been told by Mr. Wigdor. 2 For the State to say unilaterally they do not 3 believe this is material is respectfully laughable. 4 the reason it is laughable is because we have now another 5 meeting between one of the complaining witnesses and Mr. 6 Weinstein. 7 Was that meeting after the alleged sexual 8 assault? 9 that not relevant. Was it before the alleged sexual assault? not to turn that over because they do not think it 11 matters. 12 How is How can the State unilaterally decide 10 13 And It does matter. It matters because Ms. Wulff spun a story of two meetings with Mr. Weinstein. 14 If it turns out the second meeting was another 15 casting meeting after the alleged incident, do you think 16 that might go to her credibility? 17 something the jury may want to know? 18 not remember it does not matter. 19 Do you think that is And the fact she does There is an independent witness who did remember 20 it. 21 Weinstein at a time other than the allegations. 22 There is an independent witness who put her with Mr. There is no argument, there is no good faith basis 23 for saying this is not relevant material and Brady. 24 all of those things. 25 It is And the fact Ms. Hast got a text message from Ms. Page 2176 1 Buss two days before Ms. Wulff testified and did not 2 disclose it to us at that point, what is the answer for 3 that? 4 There is no answer. She had that information, she had the contact 5 information. 6 information about contact with Mr. Weinstein because 7 Mr. Wigdor gave that to them months ago, months ago, and 8 that was not turned over to us. 9 She knew Ms. Wulff's friend Gloria had So, what they are really saying is not that it 10 does not matter, but that because it could affect the 11 credibility of Ms. Wulff, we don't think it matters. 12 that is not what the Brady decision talks about. 13 And It talks about Mr. Weinstein having a right to 14 defend himself, to get potential exculpatory or impeaching 15 information. 16 is Brady material. 17 And it is not the State's decision as to what In a situation like this when it is absolutely 18 clear that a complaining witness who said she had two 19 interactions with Mr. Weinstein, there is now a third 20 interaction, a third interaction she may or may not 21 remember, and Ms. Rotunno could have cross examined her on 22 that and could have said didn't you go to another meeting 23 with Mr. Weinstein? 24 quote unquote casting decision? 25 have called Gloria, but we were robbed of that right Didn't you meet with him for another If she denied it, we could Page 2177 1 because the prosecutors believed it was not important 2 enough to turn over that information. 3 That is what happened, lets not distill it, water 4 it down. 5 and it begs the question what else don't we have? 6 This is not a little issue, this is a big issue It begs the question when I asked for Miriam 7 Haley's unredacted calendar, they said there was not 8 anything relevant in there. 9 asked for fully unredacted versions of Ms. Mann's It begs the question when we 10 psychiatric records, they said never you mind, there is not 11 enough in there, nothing in there you can use. 12 It is not their decision, and this is a striking 13 example of the State unilaterally deciding what they are 14 going to turn over, and they did it after the witness 15 testified your Honor. 16 relevant information, it is Brady material. 17 18 19 THE COURT: It is a discovery violation, it is All right, so the defense motion for a mistrial to strike the testimony is denied. The Court renews its direction from Wednesday to 20 the District Attorney to make certain Ms. Wulff is 21 available to be recalled on their direct case for defense 22 counsel, if they want to be in a position to continue their 23 cross examination and or to call her on their case if that 24 is something they want to do. 25 And please defense, let the District Attorney know Page 2178 1 by say lunch break on Monday whether that is an option you 2 wish to a available yourself. 3 MS. ILLUZZI: 4 MR. CHERONIS: Jury is entering. We have another issue. Number one, I would like them to 5 make Ms. Buss available, they can do that, they spoke to 6 her. 7 or not this was a Brady violation or discovery violation. Two, I would like the Court to make a ruling whether 8 THE COURT: 9 MS. HAST: I'm not making that ruling. Judge, Ms. Buss does not live in New 10 York State. 11 can reach out to her through that application. 12 her request, she does not wish to have her phone number 13 provided, but she did agree to have her phone number put 14 into the Witcom application so defense can contact her if 15 they so choose. 16 I put her phone number into Witcom, defense That was at But she does not live in New York State, we do not 17 have power over her with respect to whether or not they 18 subpoena her. 19 MR. CHERONIS: 20 THE COURT: 21 MS. ILLUZZI: 22 record with regard to Ms. Mann. 23 THE COURT: 24 MS. ILLUZZI: 25 What do we do? We can discuss that later. I have something to put on the Quickly. Judge, we have questioned Ms. Mann on any psychotropic medications she may have been on or is Page 2179 1 on. 2 She's on absolutely no medication. She said in 3 the aftermath of going to the hospital with regards to 4 this, she was prescribed Xanex, she took a half pill or she 5 took one or two pills at that time and has not taken any 6 psychotropic medication after that. 7 her. 8 THE COURT: 9 MS. ILLUZZI: 10 11 12 THE COURT: We have questioned Therefore, what is your -Can I continue Judge? Can you start off at the end, where are you going? MS. ILLUZZI: I want to say we made an effort to 13 discuss with Ms. Mann any other psychiatric treatment she 14 got, and she has briefly gone to physical therapy with 15 regards to how to calm her body down when in a moment of 16 trauma and she -- 17 THE COURT: 18 MS. ILLUZZI: 19 20 Why are you telling me this? I'm doing it for the record, because I want to make a record about this. And then we handed over to the Court and to 21 counsel all of the records we have for Ms. Mann with regard 22 to Mt. Sinai and NYU. 23 Ms. Mann thinks she may have Googled another 24 trauma therapist but never spoke to her about what happened 25 with the defendant. Page 2180 1 And she also took antidepressant pills for three 2 days in her past. 3 record. 4 So I just want to put that on the Furthermore, I want to say we did give those 5 records to the Court in both the unredacted and redacted 6 version. 7 8 I think the Court unredacted a sentence or two. We have given that to defense. 9 With regard to Ms. Haley's calendar, we gave the 10 complete unredacted calendar to the defense expert with 11 regards to their handwriting analysis and ink dating 12 analysis, but said if they wanted, defense wanted to look 13 at entries beyond the entries that we thought were 14 admissible we would give them to the Court and let them 15 decide what is admissible or not. 16 MR. CHERONIS: To briefly respond to that, your 17 Honor. 18 in advance, not making an offer of proof before Ms. Mann is 19 testifying. 20 First, regarding Ms. Mann, she should be giving us Two, we are objecting to all that being elicited 21 on testimony, and including her self diagnosis, any 22 diagnosis she may have received from a medical professional 23 or chased history. 24 again. 25 All that stuff we raised time and Again, this is a situation where if they have this Page 2181 1 information and they obviously think it goes to her 2 credibility, now is not the time to say in open court what 3 they should have said a long time ago. 4 Now is not the time to make a speech about the 5 background and the medication she was on before she is 6 about to testify. 7 There are rules, you disclose this stuff in a 8 timely fashion, not in a speech before the Court before the 9 witness is going to hit the stand. 10 are done. 11 THE COURT: 12 MS. ILLUZZI: 13 14 15 16 17 18 19 20 That is not how things I'll hear you on that. Okay, I don't know what there is to report. THE COURT: Everything you just said is news to the defense? MS. ILLUZZI: There is nothing, what I'm reporting to them we -THE COURT: You sure went on for a while if that is nothing. MS. ILLUZZI: We want to say she's not under any 21 psychotropic medication. 22 on any psychotropic medication, and she at one point in her 23 life briefly took Xanex or antidepressants. 24 25 We want people to know she's not With regards to what happened with her and the defendant between relationship reinvented, Mt. Sinai, NYU Page 2182 1 we turned over. 2 THE COURT: Jury is entering. 3 COURT OFFICER: 4 ( Jury enters courtroom). 5 THE CLERK: 6 present and properly seated? Jury entering. Do the parties stipulate the jury is 7 MS. ILLUZZI: Yes. 8 MR. AIDALA: So stipulated. 9 THE COURT: Welcome back jurors. 10 People, call your next witness. 11 MS. ILLUZZI: 12 COURT OFFICER: 13 ( Witness enters courtroom and is sworn in). 14 COURT OFFICER: 15 16 Yes, the People call Jessica Mann. A Jessica Laney Mann, M. A. N. N. MS. ROTUNNO: 18 COURT OFFICER: 20 In a loud clear voice, give your full name. 17 19 Witness entering. A I cannot hear. County of residence. Orange County. THE COURT: All right, good morning Ms. Mann. 21 Please listen carefully to the questions from the ADA and 22 answer her questions to the best of your ability. 23 Please answer them loudly, clearly, and slowly. 24 Give full and complete responses to all questions, but try 25 not to volunteer information that goes beyond her specific Page 2183 1 questioned area. 2 On cross examination it is perfectly likely Ms. 3 Rotunno will ask you questions also. 4 chooses to do so, give to her the same courtesy you're 5 about to give the District Attorney. 6 If and when she And if you are comfortable responding to either 7 attorney's questions directly to the jury itself, you may 8 do that, otherwise just respond to whomever is asking you 9 questions at any given time. 10 And if and when you are asked to handle any 11 exhibits or any items in evidence, you may do so at the 12 request from either attorney without further permission 13 from the Court. 14 Okay, we are going to give you a hand held 15 microphone and we will push the other microphone out of the 16 way. 17 All right, why don't you tap that a couple of 18 time. So you will have to hold that up and speak right 19 into it. 20 other one. If that becomes problematic, we will try the Please inquire. 21 DIRECT EXAMINATION 22 BY MS. ILLUZZI: 23 24 25 Q Good morning Ms. Mann. were born and raised? A I'm a little nervous. Can you tell the jury where you Page 2184 1 2 Q Take a deep breath, if you need a break we will take a break. 3 4 It is okay, take your time. A I was born in Innova, Washington it is a small town like a dairy farm area, very rural on the plateau of a mountain. 5 Q Was it a densely populated situation? 6 A No. 7 Q Was it vastly different than New York City or even L.A 8 county in California? 9 A Yes, by far. 10 Q How was it different? 11 A It is a very small town, everyone knows everyone. It 12 was, I mean a lot of cows, it smells like poop when you go in 13 there. 14 isolated, but it is a small town. It is not a lot of culture, so pretty, I was not 15 Q How old are you now? 16 A 34. 17 Q And what jobs have you had and what jobs do you have A Um, well, you know, growing up I worked at McDonalds. 18 19 now? 20 I was a waitress on and off. 21 acting. 22 went to hair school, so I became a licensed cosmetologist, and I 23 would do hair to sort of support myself to do my art. 24 25 Q My whole life and childhood I was I was on a traveling drama team, doing theater, also Can you describe your childhood to the jury? MS. ROTUNNO: Objection. Page 2185 1 2 THE COURT: Q Who did you live with growing up? 3 MS. ROTUNNO: 4 THE COURT: 5 A Sustained. Objection. Overruled. Um well, that varies. My parents divorced when I was 6 four, so I moved in with my grandparents. 7 MS. ROTUNNO: 8 THE COURT: 9 10 11 12 A Overruled. Then I left home and I lived with another woman for the beginning of my 20's, she's like family. Q When your parents were divorced, who did you live with at four then up until you moved out? 13 MS. ROTUNNO: 14 THE COURT: 15 Objection. A Objection, relevance. Overruled. My mother moved us in with my grandparents and she did 16 remarry to my stepfather. 17 I had probably two stepfathers and several like stepmoms slash 18 fiances through my father. 19 my family. 20 Q MS. ROTUNNO: 22 THE COURT: 24 25 A It would vary. Divorce was big in Do you have very religious upbringing? 21 23 They were together like 10 years and Objection. Overruled, briefly. I would describe it how I grew up line in a cult, it was extremely religious Pentecostal Evangelicalism. MS. ROTUNNO: Objection Judge. Page 2186 1 2 3 THE COURT: Q Overruled, move on. What age were you when you moved out of your family home, that being your mom and stepdad? 4 A Right after I graduated high school. 5 Q Where did you go then? 6 A I did move in with my grandma, then after I finished 7 8 beauty school I left. Q Was your acting career very monetarily successful? 9 MS. ROTUNNO: 10 11 THE COURT: A 14 THE COURT: Q Overruled. At that time, I was not making money. 12 13 Objection to leading. I'm -- Hold on, next question. At some point, did you move out of the Washington area and at some point in your life move to Los Angeles, California? 15 A Yes, I moved to L.A when I was 25. 16 Q And what year was that, do you recall? 17 A No. 18 Q Why did you move to California. 19 A Well, it is the place you go to be an actress, and I 20 21 22 23 always wanted to be there to pursue acting. Q When you got to California, where did you live and who did you live with? A When I first went there, I found miraculously a 24 roommate in North Hollywood. 25 in Laguna Beach. Then I dated a guy and was living Then after getting out of that relationship, I Page 2187 1 moved back to, well, I was sort of homeless a little bit, then I 2 was living in West Hollywood. 3 Q During the time when you were homeless -- 4 5 MS. ROTUNNO: Q Were you living in your vehicle? 6 7 8 THE COURT: Q Objection relevant. Sustained. At some point Ms. Mann, did you have to actually live in your car? 9 MS. ROTUNNO: 10 THE COURT: Objection. Overruled. 11 A Yes, I did. 12 Q Once you were in L.A, the L.A area, did you get to go 13 14 on auditions at all? A Yeah, I had worked my way up to securing management and 15 an agent which is very important to continue to get better 16 auditions and to be taken seriously. 17 accomplishment for me. 18 19 Q So that was a big In addition to auditions, did you get to go so some Hollywood parties? 20 A Yes. 21 Q At some point, did you meet a young woman named Talita? 22 A I met her on a movie we did together. 23 Q What movie was that? 24 A Caveman. 25 Q Was that in the L.A area? Page 2188 1 A Yes. 2 Q Were you getting a lot of acting jobs at that point in 3 your life? 4 A That is sort of subjective to me. I would say my, I 5 had a great booking ratio compared to the auditions I was 6 getting, and a great call back ratio. 7 8 9 10 But it also necessarily wouldn't be as high as someone who had more momentum in the industry. Q And was it lucrative, were you able to then afford a better apartment and other -- 11 12 MS. ROTUNNO: Q And other staples of life? 13 14 15 THE COURT: A Objection, leading. Overruled. No, it does not pay much, that is why I had to work several jobs at the same time. 16 Q 17 Weinstein? 18 A Yes I did. 19 Q I'm going to ask you to look around the courtroom and 20 21 At some point, did you meet a man named Harvey tell us if you see him here today with the Court's permission. A He's sitting right there in the gray suit. 22 MS. ILLUZZI: 23 indicating defendant. 24 25 THE COURT: Q With your Honor's permission, Very well, next question. Can you tell the jury where you recall meeting Mr. Page 2189 1 Weinstein? 2 A I was told the party I -- 3 4 MS. ROTUNNO: A Was going to in the Hollywood Hills -- 5 6 Objection. MS. ROTUNNO: A Objection. Michael Lambert's engagement party. 7 THE COURT: I'll allow it. 8 Q So you went to a party in Hollywood Hills? 9 A Yes. 10 Q Do you recall approximately when that was? 11 A My guess is between the end of 2012 and beginning of 12 2013. 13 Q Who did you go with? 14 A Talita. 15 Q Can you explain to the jury how it was you came to meet 16 Mr. Weinstein at that party? 17 A 18 outside. 19 talking to this old man. 20 was like in a tux, he looked really jolly, he could not, his 21 coat, he was not able to button it. 22 23 So, I had sort of split up from my friend, and I was I was -- actually well, I was outside, and I seen her And he sort of stood out because he He looked very different. And so, when I saw Talita, I went up to them and I said who's this guy, you know. 24 Q Continue. 25 A He goes oh, do you know who I am. And I said no. He Page 2190 1 goes I'm Harvey Weinstein. 2 realized I didn't get it. 3 And I go okay, like -- and he And Talita was there, and she is squeezing my arm, oh 4 she's like she knows who you are. 5 this back and forth. 6 shut up, shut up. MS. ROTUNNO: 8 THE COURT: 10 A MS. ROTUNNO: A 14 honestly kind of over it. He was giving me all his credentials. 15 MS. ROTUNNO: A 19 And then I was Objection, narrative. And left. 17 THE COURT: Q Objection. He said Shakespear In Love and other things that won Oscars. 18 Overruled. movies. 13 16 Objection. And so then, he told me well, I produce x, y, and z 11 12 It turned into She was trying to cover for me to be like 7 9 No I don't. Overruled. At that first meeting, did you exchange any information with the defendant? 20 A The first moment I talked to him I did not. 21 Q At some point towards the end of the party, did you see 22 Mr. Weinstein again? 23 A Yes. 24 Q Can you explain to the jury what happened at that time? 25 A So then, the night was probably dwindling down. I was Page 2191 1 looking for my friend, and he caught me outside coming. 2 was coming from inside the house through the sliding doors, and 3 he stopped me and he said oh, I want to talk to you, come with 4 me. 5 And he So he started to pull me around to the side of the 6 house by myself. 7 But he said it's not good for me or you if anyone sees us 8 talking; which threw me off. 9 I was looking around, why is this happening. And he goes, talks to me about my looks, I like how you 10 look, I'm very interested in you as an actress, and I want to 11 follow up with you. 12 And I asked about my friend Talita, you know. He goes 13 don't say anything to her, but no, I'm not interested in her. 14 felt a little guilty because she was the first one that was 15 talking to him, and he took my number and he just said he would 16 follow up with me. 17 18 Q I Did there come a point in time shortly after that party that you did hear from the defendant? 19 A I'm sorry, I spaced out, what was that? 20 Q Did there come a point in time shortly after the party, 21 that you did hear from the defendant? 22 A Yes. 23 Q Can you tell the jury what happened at that time? 24 A I don't remember who exactly at the company followed up 25 with me, but someone reached out and Harvey wanted to take me to Page 2192 1 Book Soup. 2 Q What is Book Soup? 3 A Book Soup is a book store, it is like a niche little 4 book store on Sunset Boulevard. He knew I liked to read and he 5 had told me it is important for me to understand film history if 6 I want to be an actress. 7 books on the film industry. He wanted to recommend and get me some 8 Q Did you meet him at Book Soup? 9 A I did meet him at Book Soup and I brought two friends. 10 Q Did they go into Book Soup with you or not? 11 A So, Harvey was late and we sort of made this plan where 12 I would act like I was by myself, but they would be hanging 13 around in the book store. 14 15 I didn't know if it was appropriate for me to bring a friend, so I did not want to acknowledge I brought friends. 16 They were in the book store for a period of time. 17 don't know what point they went back outside to their car. 18 I Harvey bought me four books, I only remember two of 19 them. 20 (phon), I don't know, starts with a T, and Harvey wanted to walk 21 me to my car. 22 One was on Alfred Hitchcock, another called Tortaf I did not tell him I driven with my friends, so I kind 23 of panicked. I text them to bump into me so they ran into us. 24 I introduced them to Harvey, oh my gosh, oh, how ironic we meet 25 my friends here. They do music, then Harvey he basically said Page 2193 1 2 3 4 goodbye to me, then I left with my friends. Q Ms. Mann, how were you feeling about meeting Harvey Weinstein in this visit to Book Soup? A Well, it made sense from the perspective of the guru of 5 Hollywood is telling me the history I need to know to be a 6 better actress. 7 Q Were you happy and excited? 8 A Yes I was. 9 10 This was like the biggest, when I met Harvey, I had given up a lot to be in Hollywood, and even it was a big fight between me and my dad. 11 MS. ROTUNNO: 12 THE COURT: 13 14 A thought God was blessing me. MS. ROTUNNO: 16 MR. CHERONIS: A MS. ROTUNNO: 19 THE COURT: 21 22 A Objection. Objection. For having met him. 18 20 Overruled. And with my religious background and everything I 15 17 Objection Judge. Objection. Overruled. Committing to myself, committing to my dreams, so I thought it was a blessing. Q Ms. Mann, I'm going to show you a photograph which we 23 have previously marked for identification purposes, marked as 24 People's Exhibit Number Eight. 25 THE COURT: Eight? Page 2194 1 MS. ILLUZZI: Eight. 2 ( Handed to witness). 3 Q Ms. Mann, do you recognize that photograph? 4 A That is me. 5 Q Does that fairly and accurately depict how you looked 6 at the time you met Mr. Weinstein? 7 A This was my actual head shot from that time. 8 Q Before we show it to the jury, we have to ask the 9 10 11 Judge's permission. If I show you something, we have to wait for the Judge to okay before we show it to anybody. A Okay. 12 MS. ILLUZZI: With that being said Judge, we are 13 asking for People's Exhibit Number Eight to be marked into 14 evidence. 15 THE COURT: 16 MS. ROTUNNO: 17 THE COURT: 18 evidence. 19 No objection. People's Eight is received into Next question. MS. ILLUZZI: 20 Any objection? I'm going to put it up on the screen. 21 Q You said that was a head shot, Ms. Mann? 22 A Correct. 23 Q That was taken around the time that you met Mr. 24 Weinstein? 25 A Yeah, that was taken in L.A when I moved there. Page 2195 1 Q Now, I have another photograph which has been 2 previously marked in evidence as People's Exhibit Number 86. 3 you recognize the man in the jacket in that photograph? 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. ( Continued on next page). Do Page 2196 1 (Continued from the previous page.) 2 (Time noted: 10:30 a.m.) 3 Q Who is that? 4 A That is Harvey. 5 Q And does that fairly and accurately represent how Mr. 6 Weinstein looked in 2013 when you met him? 7 A Yes. 8 Q I ask it to be shown -- 9 10 THE COURT: coming in -- 11 12 I have 86 as being July of 2016 MS. ILLUZZI: but we will check. 13 THE COURT: 14 MS. ILLUZZI: 15 THE CLERK: 16 From Tuesday, January 28th? photographs; 86 through 89 were put in together. MS. HAST: 18 MS. ILLUZZI: Do we have the date wrong on that? THE COURT: 21 MS. ILLUZZI: 23 24 25 We believe that the date on that one, Judge, should be 2006. 20 22 Yes. Eighty-six was in a bundle of four 17 19 We have this marked as 86, Judge, This is a different photo? So this is 86 and we believe it was put in. THE COURT: All right, step up. (Discussion held at the bench, off the record.) Page 2197 1 (The discussion off the record concluded, 2 and the following occurred in open court:) 3 THE COURT: 4 My mistake. Thank you. BY MS. ILLUZZI: 5 Q 6 time. 7 8 All right. So we are going to ask to display, number 86 at this Does that fairly and accurately portray how Mr. Weinstein looked when you met him in 2013? 9 A Yes. 10 Q Ms. Mann, can you do me a fair, would you just sit 11 forward just a little bit? 12 13 Thank you. you speak into the microphone so everyone can hear you, okay. 14 15 You can pull your chair up and make sure In 2013, when you met the defendant, approximately, how much did you weigh? 16 A 105. 17 Q How tall are you? 18 A Five four, three-fourths. 19 Q Now, I have three photos -- four photos -- we have 20 three photographs which we have previously marked for 21 identification as People's Exhibit Number 105, 107 and 108 and 22 we are going to hand it to the witness. 23 Okay. Do you recognize those three photographs? 24 A Yes. 25 Q Looking at People's Exhibit Number 105 first, so the Page 2198 1 numbers are on the back of the photo. 2 3 4 5 6 Just look at this one. What is that a photograph of, 105? A Um, it's it looks like the inside of Book Soup that I, you know, it's a but bunch of books. Q Let me show you a different photograph if I can have that pile back. 7 Let me show you People's Exhibit 108. 8 Do you recognize that? 9 A Yes. 10 Q And what do you recognize it to be? 11 A That's the store, the book store that I went to. 12 Q Does that fairly and accurately represent this store 13 called, Book Soup, that you went to with the defendant in the 14 interaction you just described for us? 15 16 A Well, I can't see the street but the sign is the logo of Book Soup that I went to. 17 Q Do you recognize that logo? 18 A Yes. 19 20 MS. ILLUZZI: I ask that that be marked in evidence as People's Exhibit Number 108. 21 THE COURT: 22 MS. ROTUNNO: 23 THE COURT: 24 Next question. 25 Any objection? No. Okay. Received into evidence. Page 2199 1 2 BY MS. ILLUZZI: Q What was the defendant's mannerism and demeanor 3 towards you when he met you at Book Soup, can you explain to 4 the jury? 5 MS. ROTUNNO: 6 THE COURT: 7 THE WITNESS: 8 normal and he was very engaging. 9 Objection. Overruled. Most of it I would say was very There were very few moments where he made like a 10 grunting sound and he would look at me but I didn't know if 11 it was like a personality or, I hate to say, an almost 12 autistic type trait but it was a little confusing. 13 MR. CHERONIS: 14 THE COURT: 15 THE WITNESS: Objection. Overruled. Everything else, he was extremely 16 passionate about film and the books. 17 Q Was he very nice to you? 18 A Yes. 19 MS. ROTUNNO: 20 THE COURT: 21 22 Q Objection. Leading. Overruled. At that time, Ms. Mann, did you feel any romantic or physical attraction to the defendant? 23 A No. 24 Q Shortly after that meeting, were you contacted by the 25 defendant again? Page 2200 1 A Yes. 2 Q And did there come a point in time where you went to 3 dinner with him? 4 A Yes. 5 Q And did you go to -- in that dinner, was it just you 6 and the defendant or was it you and the defendant and a third 7 person? 8 A It was me, Harvey and Barbara showed up. 9 Q And who is Barbara, do you know? 10 A I believe she is his like, right hand person or 11 executive-type assistant, something like that. 12 Q Do you remember Barbara's last name? 13 A Schneeweiss. 14 Q Do you remember where that dinner was? 15 A I know it was an Italian restaurant. 16 17 18 19 it was Dan Tana's. Q I thought maybe I am not a hundred percent sure on that. Do you recall how it was that the defendant or Barbara Schneeweiss contacted you to go to that dinner? A I think at the book store he had started talking about 20 planning it because the whole purpose was he wanted me to get 21 plugged into -- 22 MS. ROTUNNO: 23 THE COURT: 24 THE WITNESS: 25 Objection. Overruled. He wanted to plug me into what I -- I don't know what to call -- his system or his team. Page 2201 1 He wanted them to know who I was, my credits. A 2 very, from my perspective, extremely professional like, the 3 momentum is going, you know, you guys are interested in me 4 for real, so -- 5 Q 6 7 Ms. Mann, had you provided the defendant with a reel of your acting at this point? A I don't think I had a reel at that point. 8 always had clips. 9 some links to stuff I had done. 10 Q I have I have had head shots and I had, probably, Did the defendant -- did you give the defendant, 11 provide to the defendant, any illustrations of your acting 12 ability? 13 A 14 I did not act for him. Yeah, I gave my credits and I gave my representation 15 information. They knew my manager, who my agent was, all of 16 that information. 17 Q Did he see you act before that point? 18 A Not in person, no. 19 Q You indicated that you gave him the information about 20 a manager and an agent. 21 22 23 24 25 Could you explain to the jury what you mean by that? A So an agent represents you and so does a manager. They each sort of do a different type of role. I would say an agent takes any where from 10 to 20 percent of any bookings or jobs that you receive. They try to Page 2202 1 promote you to the casting directors. 2 relationship with casting directors. 3 The manager, very similar. 4 negotiate better pay for you. 5 range of things, so -- 6 7 Q They can help with more of a And you had that professional help at the time you met A Yes, that was before. I had secured that before I met Q After that dinner -- withdrawn. him. 10 11 12 They very often try to Mr. Weinstein? 8 9 They have the Was there anything other than professional discussion at that dinner, if you recall? 13 A No. 14 Q After that dinner, did the defendant contact you 15 again? 16 A Yes. 17 Q Do you remember if he contacted you directly or 18 through an assistant? 19 A I don't remember. 20 Q Did there come a point in time when he asked you to 21 meet him at the Peninsula Hotel? 22 A That is correct. 23 Q Again, Ms. Mann, do you remember exactly when this A No. 24 25 was? Page 2203 1 2 Q Can you tell the jury what happened when you met him at the Peninsula Hotel? 3 A 4 similar. So The Peninsula dinner, um, I assumed it was very 5 MS. ROTUNNO: 6 THE COURT: 7 8 Q Objection to what she assumed. Sustained. Well, without telling us what you assumed going in there, let me ask you a different question. 9 Did you have any reason to believe that this meeting 10 that he proposed at the Peninsula was going to be anything 11 other than a professional meeting as well? 12 13 A No, everything was extremely professionally directed as far as my engagements with him up until that point. 14 Q So was that your expectation going to the Peninsula? 15 A Yes. 16 Q Can you tell the jury what happened at that time? 17 A It started pretty normal. 18 in who I was. He -- 19 MS. ROTUNNO: 20 MR. CHERONIS: 21 He was extremely interested Objection. Objection. Objection. Speculation. 22 THE COURT: Overruled? 23 THE WITNESS: 24 wanted to know about my family. 25 parents were divorced. He asked me many questions. He He wanted to know if my He wanted to know how much money my Page 2204 1 father made. He wanted to know if I had a good 2 relationship with my parents. 3 He asked me things about how I grew up. 4 me a lot of just, personal questions, like that, you know. 5 He asked And um, I was excited to tell him about who I 6 was. 7 know why he was curious how much money my family made. 8 I told him, no, we are very poor. 9 Some of it seemed really strange to me. You know, I grew up in a trailer park and stuff like that. 10 MS. ROTUNNO: 11 THE COURT: 12 THE WITNESS: 13 I didn't Objection, Judge. Overruled. And people were recognizing him at the table. 14 And at one point like a gentleman came up to us 15 and he got very upset at that. 16 him to go away and this guy was like, oh, my God. 17 your movies and all of this stuff. 18 MS. ROTUNNO: 19 THE COURT: 20 21 He tried to just like get I love Objection. Overruled. BY MS. ILLUZZI: Q Ms. Mann, I am just going to stop you for a moment 22 because you are using the pronoun, he, a lot. So to be clear, 23 instead of saying, he, you could say the defendant or the 24 defendant's name if you wish in describing to the jury what 25 happened. Page 2205 1 I am going to ask you to take just a short step back 2 to the point where you are at the dinner and you say somebody 3 approaches the table. 4 say the person or Mr. Weinstein. 5 6 A So instead of the pronoun, if you can Some gentleman I don't know approached our table, complimenting him for his films. 7 Q Complimenting who? 8 A Sorry. 9 Complimenting Harvey for his films and his work which irritated Harvey. I noticed that. 10 MS. ROTUNNO: Objection. 11 THE WITNESS: And I thought -- 12 MS. ROTUNNO: Objection. 13 THE COURT: 14 THE WITNESS: Overruled. I thought it was -- as a celebrity 15 I imagine you get bombarded all the time so I felt sorry 16 for him for that. 17 18 19 At some point, he was done asking me questions and it was like a flurry. He yelled for a waiter and he said, we are going 20 upstairs, we are taking the food upstairs and it was pretty 21 soon after this guy had come up -- some person in the 22 restaurant had come up to our table. 23 So I thought he was trying to get away from all 24 of the attention that we were gathering and he said, take 25 the food up to the hotel room and I was a little stunned. Page 2206 1 I could tell you that I didn't want to go up 2 there but I also felt like I was helping him get away from 3 all of this public attention that was clearly distressing 4 him in my mind. 5 And I really didn't have a reason to sense 6 anything bad was coming but it was odd. 7 know. 8 It was odd, you BY MS. ILLUZZI: 9 Q Did you go to a different place then? 10 A Yeah. So like the staff like, you know, brought 11 everything upstairs and Harvey told me to follow him and so I 12 followed him into a suite. 13 Q Is this the Peninsula in Los Angeles? 14 A Yes. 15 Q When you get up to the suite, what happens? 16 A He was not interested in finishing our food. 17 I was hungry. 18 He started to like undress himself a little bit, you 19 know. I thought maybe he was just getting comfortable but it 20 continued and he walked in to his bedroom and he wanted me to 21 go in there and I was hesitating. 22 23 And he said, let me give you a massage. shirt. 24 25 I want to give you a massage, just relax. And I was like, no, it's okay. massage. Take off your I don't want a And this went on for a good moment. Page 2207 1 And he made me feel stupid like why did I think it was 2 such a big deal. 3 give you a massage, give me a massage. 4 And he said, if you are not going to let me At that point, he had his shirt off and he had lotion 5 and so I started putting the lotion on his back and not like, 6 ahhh, but awkwardly, you know. 7 8 Q You are doing hand motions and we have to make a record of the hand motions. 9 Let me ask the question first, when you say you went 10 into the bedroom, the defendant had his shirt off, is that 11 correct? 12 A Uh-hum. 13 Q Was he still wearing his pants? 14 A Yes. 15 Q So the only thing that was exposed was his shirt? 16 A Yes. 17 Q And now, you said that he had lotion and after you 18 went back and forth you put lotion on his back, is that 19 correct? 20 A Yes, that's correct. 21 MS. ROTUNNO: Objection to the leading. If she 22 wants her to go back over the time she can go back over it 23 herself. 24 25 THE COURT: Sustained. Page 2208 1 BY MS. ILLUZZI: 2 Q Ms. Mann, then take us to the point, please, where you 3 said how it was that you then touched the defendant, in what 4 manner you touched the defendant? 5 A With a flat palm, stiff fingers and smeared it around. 6 Q At this time though, what was the defendant's physical 7 position? 8 9 Was he sitting, standing? Can you describe that for us? 10 A He was laying on his stomach on the mattress. 11 Q Did you unclothe yourself at all? 12 A I did not. 13 Q Can you describe to the jury the sensation of this 14 rubbing this lotion on the defendant's back? 15 MS. ROTUNNO: 16 THE COURT: 17 THE WITNESS: 18 MS. ROTUNNO: 20 THE COURT: 21 THE WITNESS: 23 24 25 Overruled. Um, he has a lot of -- a lot, of black heads. 19 22 Objection. Objection. Nonresponsive. Overruled. And the texture of that was uncomfortable, you know. BY MS. ILLUZZI: Q At this time, Ms. Mann, were you either physically or romantically interested in the defendant? Page 2209 1 2 A If he would give me a compliment or something like that, you know, I was um -- 3 THE COURT: 4 Ask the question again. 5 Listen very carefully to the questions being Hold on a second. 6 asked. 7 beyond the specific question area and wait for the next 8 question, okay. Answer the questions being asked and don't go 9 10 11 12 Next question. BY MS. ILLUZZI: Q At that time, Ms. Mann, were you either romantically or physically attracted to the defendant? 13 A No. 14 Q How was the defendant's affect and demeanor towards 15 16 17 you at that time? A He was not direct with me about what he wanted but he was making -- 18 MS. ROTUNNO: 19 MR. CHERONIS: 20 THE WITNESS: He was making implications and I 22 MS. ROTUNNO: Objection. 23 MR. CHERONIS: 24 THE COURT: 21 25 Objection. Objection. responded. Objection. Sustained. Next question. Page 2210 1 2 BY MS. ILLUZZI: Q Can you describe the tone of the conversation between 3 you and the defendant at the time this occurred in that hotel 4 room? 5 A Manipulative. 6 MR. CHERONIS: 7 MS. ROTUNNO: 8 THE COURT: 9 Q Objection. Objection. Overruled. How was it manipulative? 10 MS. ROTUNNO: 11 THE COURT: 12 THE WITNESS: Objection. Overruled. I was saying I wasn't comfortable 13 and I didn't want something. 14 stupid like I was making a big deal over nothing. 15 Q 16 And he was making me feel How long did it last, that process where you were rubbing lotion on his back? 17 A I don't know. 18 Q Was it two minutes, ten minutes. 19 20 21 MS. ROTUNNO: Q 24 25 Was it less than ten minutes? Was it more than two minutes, if you recall? 22 23 Objection. THE COURT: Q Sustained. Ask that a different way. Approximately, how long did this procedure go on or this incident go on? MS. ROTUNNO: Objection. Asked and answered. Page 2211 1 She said, I don't know. 2 THE COURT: 3 THE WITNESS: 4 Overruled. be my guess of the amount of time. 5 MS. ROTUNNO: 6 THE COURT: 7 I mean, five to ten minutes would Objection to her guess, Judge. Overruled. BY MS. ILLUZZI: 8 Q What happened after that? 9 A Well, I left. 10 Q Do you recall how it was that you -- that you left? 11 12 13 14 Was there any conversation or words about it or what that conversation was? A Well, I did express that I am not sexual or comfortable with stuff like this with someone I don't know. 15 MS. ROTUNNO: 16 THE COURT: 17 18 Q Objection. Overruled. At the restaurant before this happened, had you had anything alcohol to drink, if you remember? 19 A At the Italian restaurant? 20 Q No, no, no. 21 A Yes, a glass of wine. 22 Q Did you drink any more than that? 23 A No. 24 Q How about the defendant, did he? 25 A I don't think I have ever seen him drink. At the restaurant at the Peninsula. Page 2212 1 2 Q During that incident, did you see any other part of his body aside from his back? 3 A No. 4 Q If you recall, when was the next time that you -- if 5 6 you recall, seeing or being with the defendant? A He wanted to see me again. 7 me about giving him a haircut. 8 lot of questions. 9 MS. ROTUNNO: 10 THE COURT: 11 THE WITNESS: 12 I think they were asking He wanted a haircut and I had a Objection. Overruled. I had a lot of questions. I was like, where do I give him a haircut? 13 Who is going to be there? 14 Is there a salon we will be at? 15 It was very clear that I was obviously not 16 wanting to go back to the same -- 17 MS. ROTUNNO: 18 THE COURT: 19 Next yes. 20 Objection. Sustained as to the last part. BY MS. ILLUZZI: 21 Q You can't say what was clear to anybody else. 22 A Okay. 23 Q What did you articulate about the circumstances of 24 25 giving him a haircut? What did you voice? MS. ROTUNNO: Objection. Foundation. Objection Page 2213 1 to from. 2 THE COURT: Sustained. 3 Q Who was it that was asking you to give the defendant a 4 haircut? 5 A I don't remember. 6 Q Did you -- do you recall whether or not at any point 7 the defendant during this period of time asked you directly for 8 a haircut? 9 MS. ROTUNNO: 10 11 THE COURT: Q Objection. What period of time? Sustained. Well, Ms. Mann, after The Peninsula incident, when you 12 have a recollection about a haircut, can you tell the jury 13 anything you recall about the circumstances regarding a request 14 for a haircut? 15 MR. CHERONIS: 16 THE COURT: Objection. Sustained. 17 Q Did you give the defendant a haircut the first time? 18 A I did not. 19 Q Ms. Mann, at this point, were you invited to any other 20 21 parties or events by the defendant? A So I did meet him but it wasn't for a haircut and he 22 took me to -- we got tea or coffee some where in Beverly Hills. 23 And that's when he said, well, I want you to come to these 24 parties, the awards stuff. 25 invitations. I am going to send you these Page 2214 1 2 He asked me if I heard of a designer called Marchesa. I am not sure. 3 4 I said, no, I hadn't. which I did not go get one. 5 6 He offered me a dress there And then I received invitations to the events. Q Do you remember, approximately, how long it was from 7 the time you first met the Defendant to the time when you 8 started receiving invitations to parties? 9 A 10 together. 11 Q I do not but I felt a lot of it was very pretty close Days, weeks, months? 12 MS. ROTUNNO: 13 THE COURT: 14 THE WITNESS: 15 frame. 16 BY MS. ILLUZZI: 17 Q Objection; asked and answered. Overruled. Within -- within that month in time Was there an event that you went to with -- 18 accompanied by Talita that you were invited to by the 19 defendant? 20 A Yes. 21 Q And do you recall where that was, what hotel that was? 22 A I think it was possibly at the Mandelin Hotel on 23 24 25 Sunset. Q Did there come a point in time after that party that you saw the defendant? Page 2215 1 A Yes. 2 Q And what hotel was that at? 3 MS. ROTUNNO: 4 THE COURT: Objection. Leading. Sustained. 5 Q Where was that, if you recall? 6 A He wanted to meet for drinks at the Montage. 7 Q And who did he invite to come for drinks at the 8 Montage? 9 A Me and Talita. 10 Q Did you and Talita go to the Montage? 11 A I did not want to. Talita did and we did. 12 MS. ROTUNNO: 13 Do we have a foundation here? 14 THE COURT: 15 16 17 18 19 20 Q Objection. Overruled. Where did you go in the Montage at this point in time, if you recall? A There is a -- there is two bars. We went to the bigger area first. Q Where in the Montage was that, if you recall? Was it on the first floor, second floor? 21 A I believe it's on the first floor. 22 Q What did you do there? 23 A Well, he wanted to talk to us about acting again and 24 25 there is a lot of conversation in this part. It started with him saying I reminded him of his wife Page 2216 1 because I was clumsy and his wife is clumsy. 2 story of how she like tripped when they first met. 3 4 And he told a He told me I look like -- he told me I am prettier than Natalie Portman. 5 And then he gave us both critiques on our images. 6 Mine was my skin, I needed to clear my skin up if I was going 7 to have a camera that close. 8 weight. 9 He told Talita she needed to lose And then he said, you guys are perfect for this film I 10 am producing. 11 perfect leads. 12 Q 13 go next? 14 A It's a vampire film and you would both make Did he indicate anything else about where he wanted to So that -- it was really late. We met him after the 15 party and the bar was closing at this hotel. 16 the small one where he wanted us -- he ordered us one more 17 drink and hung out there for a little bit. 18 So we moved to And then that bar was closing and he said, listen 19 girls, why don't you take your time, finish your drinks, let's 20 go upstairs. 21 and, you know, just take your time finishing your drink. 22 23 24 25 I have the scripts. I will give you the scripts And I left and I said, oh, ha, ha. Oh, no. I know what that means. And then he laughed at me and he said, oh, ha, ha. am a harmless old man and then I got embarrassed because, you I Page 2217 1 know, he made fun of me. 2 3 And he was like, come on girls. been a long night. 4 I am tired. It's You have nothing to worry about. So me and Talita kind of looked at each over and we 5 were like, well. 6 be anything bad. I didn't think with my friend there it would 7 MS. ROTUNNO: 8 THE COURT: Objection. Overruled. 9 Q Did you go up to his suite? 10 A Yes, we did. 11 Q You had said that you had -- that you were drinking at 12 some point. 13 correct? 14 A That's correct. 15 Q Were you drunk? 16 A Absolutely not. 17 Q In your presence, did Talita look like she had had a 18 19 20 I assume that's alcoholic beverages, isn't that lot to drink or was drunk? A No. Any party that I have really gone to that is professional -- 21 MS. ROTUNNO: 22 THE COURT: 23 Next question. 24 25 Q Objection. Hold on. Hold on. What is, generally, your drinking habits? MS. ROTUNNO: Objection. Page 2218 1 2 3 4 5 THE COURT: Q Did you drink alcoholic beverages at the party prior to this event at the Montage? A I am sure, maybe, you know, one or two but they served dinner several hours over time. 6 MS. ROTUNNO: 7 THE COURT: 8 9 Q 12 Objection. Overruled. So take us back to the point where you indicate that you and Talita go up to the defendant's suite. 10 11 Sustained. Tell us what happened next? A So we go upstairs and he starts sort of pacing around the room and undoing his, you know, outfit. 13 And um, we are sort of waiting for what we think we 14 are going to get, information about this project. 15 we are both sitting on a couch and Harvey walks back into his 16 room -- 17 Q 18 19 20 23 A Yeah, I mean, there is a couch. Its like kind of like a suite like maybe a one-bedroom apartment feel. There is a living room and then a separate bedroom. Q I am going to ask you to -- take you back then when you said that he started taking or undressing his outfit. 24 25 I am going to stop you there for one moment Ms. Mann. Can you, generally, describe the room to the jury? 21 22 And I am -- Can you describe what he was doing in terms of his own clothing? Page 2219 1 A Well, kind of looked like he was just getting 2 comfortable, you know, like you had been in formal wear, you 3 are just taking your layers off. 4 back room. 5 like I was seeing him get naked in front of me at that point. And then he went into the So I didn't see that much of -- it wasn't -- wasn't 6 Q And what happened next? 7 A He came to the door frame of the room. 8 Q Of what room? 9 A Okay. First, backtrack. First, he yelled at me from 10 inside of the bedroom and I didn't see him and he called my 11 name. 12 He came to the door frame that was from his bed to the 13 living room door frame and he stood in that door frame and he 14 called me again, Jessica, come hear. 15 And I looked at Talita and I said, what does he want? 16 And she says, I don't know. 17 MS. ROTUNNO: 18 THE COURT: 19 THE WITNESS: 20 21 22 23 24 25 Objection, Judge. Overruled. And I said, I don't know what he wants. She said, well you better just find out. Like I don't know. So I timidly walked up to the door frame and I lean in and I said, what do you want? And then he grabs my arm and he pulls me around Page 2220 1 and as he is pulling me around he closes the door. 2 And he said to Talita, we will just be a minute 3 and then he closes the door. 4 Q What door? 5 A The bedroom door. 6 Q When you said he grabbed your arm, can you describe 7 that to the jury? 8 Do you remember what arm, the force? 9 A So, right here, if you grab your elbow. 10 Q Indicating right above her elbow area. 11 A There is two pressure points right there. 12 very tender and it hurt. 13 locked, right there. 14 15 16 17 Q So it was And that's sort of where he had me And when you say, he closed the door, was it with the same hand or a different hand? A Sort of like that. Like this was the door and this was pulling me. 18 MS. ILLUZZI: So with Your Honor's permission, 19 Ms. Mann is indicating with one arm like a pulling towards 20 herself and with the other arm a motion away. 21 Q 22 23 24 25 So is that the motion away where he shut the door? MS. ROTUNNO: She indicated with her right hand the pull and the left hand the push. THE COURT: Okay. Next question. Page 2221 1 BY MS. ILLUZZI: 2 Q What happened then? 3 A As he was closing the door and, um, he then had me by 4 both arms and he came at me and he was pushing me back and 5 trying to kiss me like crazy. 6 And I was like, whoa, whoa, whoa, whoa. 7 am not sexual. 8 like trying to just calm it down. 9 I told you I I don't -- I don't know you, all of this stuff, And in that process he had pushed me sort of back 10 towards the bathroom and um, we got in this sort of tussle back 11 and forth. 12 back was to the wall and I was able to, hopefully, go up to the 13 door. 14 Q 15 16 And I was able to sort of turn around so that his I am going to stop you there for a second. Did you make it into the bathroom or was it happening just outside of the bathroom? 17 A I was not in the bathroom. 18 Q Was that bathroom off of the bedroom that you are 19 This was outside of it. describing to us? 20 A I am sorry. 21 Q Was the bathroom door inside of the bedroom? 22 A It -- it -- I don't -- I didn't really pay attention 23 24 25 What? to that, so I don't -- I just know the bathroom was there. Q But did he or you open the bedroom door again to be near the bathroom or was the bedroom door shut? Page 2222 1 A The bedroom door was shut this whole time. He pulled 2 me in, was pushing me back and I sort of, in the motion of 3 getting pushed back into the room, had been able to turn my 4 body to go. 5 letting go. 6 And then he still had me by one arm and he wasn't And that's when he really tightened his grip and the 7 more I fought the angrier he got. 8 so I tried to calm him down and tried to like, joke, you know. 9 And then his anger scared me And then, um, he calmed down a little bit but he was 10 still like, you are going to let me do something for you. 11 not letting you leave until I do something for you. I am 12 I said what? 13 He wouldn't tell me and um, then he told me to sit on 14 15 16 the bed and then that's when he went down on me. Q I am going to take you back for a moment when How was he expressing that anger? A 19 20 Okay. you said the Defendant was getting angry at you. 17 18 What do you want to do? It was very like high, low, high, low. He started manipulating me, like, well, you accepted my invitation to these parties. 21 MS. ROTUNNO: 22 THE COURT: 23 THE WITNESS: Objection. Sustained. To these parties and -- 24 Q What was he saying? 25 A He was saying, you accepted these invitations to my Page 2223 1 party. A lot of like stuff like that and then the -- you are 2 not leaving until I do something for you. 3 Q And what was the tone of his voice during this time? 4 A At first he would try to be persuasive and smile about 5 it. When I would pull away more, he was said like, no, you are 6 not, like, no type of stuff. 7 I don't remember exactly what he said but the tone 8 would shift from anger that I felt to this trying to negotiate 9 with me. 10 11 Q Now, at the point where you are on the bed, he tells you to sit on the bed, what position are you in, initially? 12 A When? 13 Q So at the point where he tells you to sit on the bed, 14 Say that again? what position is your body in, initially? 15 A Sitting upright on the bed. 16 Q And then what happens? 17 A Well, he -- he went down on me. 18 Q And so, it is a little uncomfortable. 19 20 21 When you say he went down on you, can you tell the jury exactly what you meant? A His he put his mouth on my vagina, um -- 22 THE COURT: Next question. 23 Q Ms. Mann -- 24 A Yes. 25 Q -- do you recall what you were wearing at that time? Page 2224 1 A A dress. 2 Q And do you recall what, if anything, happened to -- 3 what, if any, were your undergarments? 4 A I just wear underwear. 5 Q Do you remember what happened to the underwear? 6 A Well, he pulled them down. 7 Q And that's before he put his mouth on your vagina? 8 You have to answer. 9 A Yes. 10 Q What are you doing as this is going on? 11 A I kind of locked up and got really quiet. So much 12 time had happened and I was really anxious about Talita being 13 out there by herself and I -- I started to fake an orgasm to 14 get out of it. 15 Q 16 out of it? 17 A Yes. 18 Q And what happened at that point? 19 A He asked me how it was, if I liked it? 20 21 22 23 And did you do that? Did you fake an orgasm to get And I was nervous so I told him it was the best I ever had. Q At this moment in time, Ms. Mann, were you physically or sexually attracted to the defendant? 24 A No. 25 Q Did he disrobe at all during this event? Page 2225 1 A I don't remember him having clothes off. 2 Q After that ended -- after that moment ended, what 3 4 5 happened next? A She said what happened, I said, we just got to go, you know, and we left. She drove us home. 8 Q Did you tell Talita what happened? 9 A A little bit. 10 I said, he went down on me and I told him it was the best I ever had. 11 Q And why didn't you tell Talita more? 12 A I was kind of quiet. 13 MS. ROTUNNO: 15 MR. CHERONIS: 16 THE COURT: 18 Q 20 THE COURT: 23 Objection. Sustained. Talita that made you hesitate to say more? MS. ROTUNNO: 22 Objection. Was there something about your relationship with 19 21 The thing -- the hard thing about talking to Talita is that she was always very adamant -- 14 17 I ran to Talita. 6 7 I got out of there as fast as I could. Q Objection. Sustained. Let's stop and talk about Talita for a moment. What was Talita's affect and demeanor with regards to meeting Harvey Weinstein and then talking about acting? 24 MS. ROTUNNO: 25 THE COURT: Objection. Sustained. Page 2226 1 MS. ILLUZZI: 2 THE COURT: 3 Q May we approach? No. Move ahead, please. Why didn't you tell Talita more? 4 MR. CHERONIS: 5 MS. ROTUNNO: 6 THE COURT: Objection. Objection. Overruled. Briefly. 7 Q Thank you. 8 A Because she felt that I would ruin my career -- 9 MR. CHERONIS: 10 11 12 THE COURT: Q 14 THE COURT: Q MS. ROTUNNO: 17 THE COURT: 18 THE WITNESS: 21 Objection. Leading. Sustained. Was Talita also trying to have an acting career? 16 20 Move on. meetings with Harvey Weinstein? MS. ROTUNNO: 19 Sustained. Was Talita encouraging you to go to parties and 13 15 Objection. Objection. Overruled. Yes. BY MS. ILLUZZI: Q What was Talita's affect and demeanor when you invited her to a party and then after, drinks with Harvey Weinstein? 22 MS. ROTUNNO: 23 THE COURT: Objection. Overruled. Listen carefully to the 24 questions and answer only the questions that are asked of 25 you, please. Page 2227 1 2 3 THE WITNESS: Can you repeat it? I am sorry. BY MS. ILLUZZI: Q 4 I am going to try. What was Talita's affect and demeanor with regards to 5 going to a party and then out for drinks after with Harvey 6 Weinstein? 7 A I was uncomfortable. 8 MS. ROTUNNO: 9 THE COURT: 10 11 Q Talita would push -- Objection. Sustained. Stricken. Was Talita happy and excited about meeting Harvey Weinstein? 12 THE COURT: 13 MS. ROTUNNO: Objection. 14 MS. ILLUZZI: May we approach. 15 THE COURT: 16 17 18 No. BY MS. ILLUZZI: Q Did you confide in Talita how you felt about what had happened with Harvey Weinstein? 19 MS. ROTUNNO: 20 THE COURT: 21 Sustained for three or four reason. Q 22 Objection. Asked and unseared. Overruled. That's a yes or no. Did you confide in her how you felt? 23 A No. 24 Q How were you feeling? 25 A Horrified, confused. Page 2228 1 2 Q By the way, did Mr. Weinstein give you the scripts to the vampire movie at that meeting? 3 A He did not. 4 Q Did you see any scripts in his suite? 5 A No. 6 Q Ms. Mann, after that event, did you hear again from 7 Mr. Weinstein? 8 A Yes. 9 Q Okay. 10 11 MS. ROTUNNO: Judge, I am going to object, again, to the characterization and the leading. 12 THE COURT: 13 Jurors, this is as good a time as any to take a 14 Hold on. break. 15 So, Ms. Mann, if you would step down for a moment 16 and wait in the witness room and we will recall you in 17 about five minutes. 18 THE WITNESS: 19 SERGEANT: 20 This way. Just follow me. (Witness is excused.) 21 22 Where am I going? THE COURT: All right, Jurors. We will take a break. 23 Please remain mindful of all of my prior 24 admonitions and instructions during this or any other 25 recess. Page 2229 1 See you in about five to ten minutes. 2 Thank you. (Discussion held at the bench, off the 3 record.) 4 (The discussion off the record concluded, 5 and the following occurred in open court:) 6 THE COURT: Attorneys, can you tell me when you 7 want me to give the Dunning, Dawn Dunning and Tarale Wulff 8 charge? 9 Should we wait until after this witness? 10 11 And tell me when you want me to give the Molineux for this witness. 12 I guess, maybe, at the end of the direct? 13 MS. ROTUNNO: Yes. 14 MS. ILLUZZI: Judge, also, I believe I should be 15 able to ask her more questions about Talita and here is 16 why. 17 The defense has already said and provided us with 18 notes with regards to what their witness, Talita, is going 19 to be saying and that will be long after Ms. Mann will be 20 gone from the stand. 21 Knowing that they are calling Talita, knowing 22 what Talita is going to say, it seems that, Judge, it's 23 only fair that I allow the witness to illustrate what she 24 observed about Talita at that point in time. 25 THE COURT: Well, I have given you extraordinary Page 2230 1 breadth and leeway on your questions, perhaps improperly on 2 my part. 3 to the incident themselves to no avail and I might have 4 kept with that but the responses from your witness are 5 nonresponsive and go way beyond your even allowed broad 6 questions. 7 8 And then I increasingly narrowed them as they got So no. MS. ILLUZZI: But, Judge, if I can just ask another question -- 9 MR. CHERONIS: Let me just say for the record -- 10 MS. ILLUZZI: May I finish? 11 How is it that this witness cannot testify about 12 her observations of how another person is acting in her 13 presence? 14 15 MR. CHERONIS: In response to that, two quick issues: 16 The state interviewed Talita themselves and when 17 they interviewed Talita themselves, she said that Ms. Mann 18 wanted a relationship with Harvey Weinstein. 19 completely under-cutted her story on the Peninsula. 20 They interviewed her first. They They know what she's 21 going to say and that's why there are not calling her. 22 So it's not as if we gave them anything they 23 didn't know. So they had that information and now what 24 they are trying to do is somehow undercut a witness that 25 they should have called but they won't because it doesn't Page 2231 1 help their case, claiming we turned this over to them. 2 They interviewed her. 3 knew about it well before we ever spoke to her. 4 THE COURT: Albaini (sic) interviewed her. They Well, and you are not asking for the 5 observations of the witness of another person and even if 6 you were, you are not receiving those. 7 8 All right. We are on break for five minutes. you need to use the facilities, please do so. 9 (A recess was taken.) 10 (After the recess the following occurred:) 11 THE COURT: 12 Court, including the defendant. 13 All parties are present before the COURT OFFICER: 14 Jury entering. (The jury entered the courtroom and the 15 following occurred:) 16 THE CLERK: 17 Case on trial continued. Do the parties stipulate that the jury is present and properly seated? The People. 20 MS. ILLUZZI: 21 THE COURT: 22 MR. CHERONIS: 23 THE COURT: 24 25 All parties are present. 18 19 If Yes. The defense? We do. Welcome back, Jurors. witness. COURT OFFICER: Witness entering. Let's get the Page 2232 1 (Witness entered the courtroom.) 2 THE COURT: 3 that you are still under oath. 4 5 10 11 We will get you the microphone back. And, Ms. Illuzzi, once she's settled in, please resume your inquiry. 8 9 I remind you The same rules apply. Why don't you settle back in there. 6 7 Welcome back, Ms. Mann. MS. ILLUZZI: Thank you. DIRECT EXAMINATION BY MS. ILLUZZI: Q Ms. Mann, I am going to direct your attention to after 12 the incident that you have just described for us at the 13 montage. 14 After that point, did you have continued 15 conversations -- did you have continued contact with the 16 defendant? 17 A Yes. 18 Q Can you describe for the jury what that contact was? 19 A Yes. 20 Q And what happened? 21 A I was confused after what happened -- 22 MS. ROTUNNO: 23 THE COURT: 24 THE WITNESS: 25 Objection. Overruled. -- and I made the decision to be in a relationship with him and part of that is because -- Page 2233 1 MS. ROTUNNO: 2 THE COURT: 3 THE WITNESS: 4 Objection. Overruled. -- I was sexual with very few people -- 5 MR. CHERONIS: 6 MS. ROTUNNO: 7 THE COURT: 8 Objection. Objection. Sustained. BY MS. ILLUZZI: 9 Q Well, Ms. Mann, without telling us about your past -- 10 A Uh-hum. 11 Q -- can you tell us what became of your relationship of 12 the defendant? 13 MS. ILLUZZI: Judge, with your permission, I 14 would ask that the first part of her answer on the last 15 question not be sustained but the last part, I understand 16 your ruling is sustained. 17 18 19 20 21 THE COURT: Next question. No. BY MS. ILLUZZI: Q Ms. Mann, describe for the jury what your relationship with the defendant became? A I entered into what I thought was going to be a real 22 relationship with him and it was extremely degrading from that 23 point on. 24 25 MS. ROTUNNO: Q Objection. Describe what was happening? Page 2234 1 2 3 THE COURT: Q Overruled. Describe what was happening to you and what your interaction with him was? 4 MS. ROTUNNO: 5 THE COURT: 6 THE WITNESS: He would talk very dirty to me 8 MS. ROTUNNO: Objection. 9 MR. CHERONIS: 7 Foundation, Judge. Overruled. about -- 10 THE COURT: 11 THE WITNESS: 12 Objection. Foundation. Overruled. -- fantasies and things and compare me to other actresses that he said were doing kinky -- 13 MS. ROTUNNO: Objection. 14 THE WITNESS: -- kinky, dirty things with him. 15 MS. ROTUNNO: Judge, can we approach? 16 THE COURT: 17 THE WITNESS: He always wanted to film me. 18 MS. ROTUNNO: Objection. Overruled. No. 19 Q Did you ever give him permission to do that? 20 A I never gave him permission. 21 THE COURT: 22 Next question. 23 Q 24 25 Question and answer stands. What became -- what was the relationship? Describe the relationship for the jury? A It would be, basically, him wanting to see me and just Page 2235 1 needing a fix like a drug addict. 2 MS. ROTUNNO: 3 MR. CHERONIS: 4 THE COURT: 5 MR. CHERONIS: 6 7 Objection. Objection. Sustained. What's going on here? BY MS. ILLUZZI: Q Without the summarizing, without those adjectives, 8 describe physically what it is that you did with the defendant 9 and what he did with you? 10 MS. ROTUNNO: 11 THE COURT: 12 13 14 15 Q When, Judge? Foundation. Fair enough. After the Montage when you indicated you entered in to a relationship with the defendant? MS. ROTUNNO: Same objection. Objection. How soon after the Montage? 16 THE COURT: 17 THE WITNESS: Overruled. So the first time I saw Harvey 18 after he went down on me was the very first time I saw him 19 completely naked. 20 I assessed the situation to be very much just 21 oral sex by what I encountered -- 22 MS. ROTUNNO: 23 Objection. do with the relationship? 24 THE COURT: 25 THE WITNESS: Overruled. And so I -- What does this have to Page 2236 1 MS. ROTUNNO: The foundation as well. 2 THE WITNESS: Oh, can I talk? 3 Q Take your time, Ms. Mann.? 4 A So -- so he would want me to talk about -- 5 MS. ROTUNNO: 6 THE COURT: 7 Q 8 9 10 Objection to what he would want. Sustained. What would he say to you? What would he do with you? What would you say to him? him? A He would say, do you like my big, fat Jewish Dick. 11 MS. ROTUNNO: 12 Judge, may we approach? 13 MR. CHERONIS: 14 THE COURT: 15 What would you do with Objection. Objection. Judge may we approach? Okay. If you would step down there for a moment. 16 (Discussion held at the bench, off the 17 record.) 18 (The discussion off the record concluded, 19 and the following occurred in open court:) 20 MS. ROTUNNO: Judge, I am asking that those 21 answers be stricken and the prosecutor be directed to move 22 on. 23 24 25 THE COURT: Request denied. Next question. BY MS. ILLUZZI: Q Ms. Mann, can you describe to the jury the defendant's Page 2237 1 2 physicality? A The first time I saw him fully naked -- 3 MS. ROTUNNO: Objection. 4 THE WITNESS: -- I felt -- 5 THE COURT: 6 THE WITNESS: I thought -- 7 MS. ROTUNNO: Objection. 8 THE COURT: 9 THE WITNESS: I thought he was deformed and 11 MS. ROTUNNO: Objection. 12 THE WITNESS: He has an extreme scarring that I 10 Unresponsive. Overruled. Overruled. intersex. 13 didn't know if he may be was a burn victim, but it wouldn't 14 make sense. 15 MS. ROTUNNO: 16 THE COURT: 17 THE WITNESS: 18 Overruled. He does not have testicles and it appears like he has a vagina. 19 MS. ROTUNNO: 20 THE COURT: 21 Objection. Q Objection. Overruled. And does the defendant also have a penis? 22 MS. ROTUNNO: Objection. 23 THE WITNESS: He does have a penis. 24 THE COURT: 25 Q Leading. Overruled. Did you engage in non forcible sexual situations with Page 2238 1 the defendant? 2 A I engaged in non forcible oral sex with the defendant. 3 Q What did you think your relationship was? 4 MS. ROTUNNO: 5 THE COURT: 6 THE WITNESS: 7 THE COURT: Q 10 11 Overruled. I thought it was going to be a normal. 8 9 Objection, Judge. Sustained -- What did you feel towards the defendant? What was your feelings about the defendant? A When I first saw him, I was filled with compassion, 12 absolute compassion. 13 of pain. It seems like his anger came from a place 14 MS. ROTUNNO: 15 THE COURT: Objection. Sustained. 16 Q Did you continue to see the defendant? 17 A I did. 18 Q Did you desire him sexually? 19 20 MS. ROTUNNO: Objection. She just testified she entered -- 21 THE COURT: 22 THE WITNESS: Overruled. No. 23 Q Why did you continue to have a relationship with him? 24 A There is a lot of layers to that question. 25 THE COURT: Okay. Next question. Page 2239 1 2 Q While you were in this situation with the defendant, what were you feeling towards him? 3 A I saw him the way that I saw my father. 4 MS. ROTUNNO: 5 THE COURT: Objection. Overruled. 6 Q In what way? 7 A My dad had similar anger. 8 MS. ROTUNNO: 9 THE COURT: 10 Q Next question. Objection. Overruled. Move on. Did the defendant at times display anger to you? 11 MS. ROTUNNO: Objection, foundation. 12 THE WITNESS: Yes. 13 THE COURT: 14 15 Q In what way would he -- in what circumstances would he display anger towards you? 16 17 Overruled. A If he heard the word, no, it was like a trigger for him. 18 MS. ROTUNNO: Objection. 19 THE COURT: 20 THE WITNESS: He -- 21 MS. ROTUNNO: Objection. 22 THE COURT: 23 THE WITNESS: He also -- he also peed on me once. 24 MS. ROTUNNO: Objection. 25 THE COURT: Overruled. Overruled. Overruled. Foundation. Page 2240 1 2 THE WITNESS: like being discarded after I served my purpose. 3 MS. ROTUNNO: 4 THE COURT: 5 He would -- um, it was -- it was Objection. Sustained. Next question. BY MS. ILLUZZI: 6 Q Did his demeanor towards you fluctuate? 7 A Yes. 8 Q How did it fluctuate? 9 A It was like Jekyll and Hyde. 10 MS. ROTUNNO: 11 THE COURT: 12 THE WITNESS: I mean -- Objection, Judge. Overruled. -- he could be the most charming, 13 informative person. 14 introduced you to and then behind closed doors it would be 15 dependent upon if I gave him what he wanted. 16 Q 17 18 He could lift you up to anyone he Why did you engage in this relationship with the defendant? A One of the aspects initially was the fact that I had 19 had a sexual encounter with him, you know, when he -- when he 20 went down on me and that that wasn't something that I could 21 undue. 22 And that really confused me and hurt me. And there is a stigma in the industry -- 23 MS. ROTUNNO: 24 THE COURT: 25 Objection. Sustained. Hold on. (Continued on the next page.) Next question. Page 2241 1 Q Ms. Mann, did you want to be physically sexual with the 2 defendant? 3 4 MS. ROTUNNO: A Objection. I -- 5 THE COURT: Hold on, sustained. 6 Q 7 defendant? 8 A I had no attraction or sexual attraction to him. 9 Q In addition to what you have previously described, what 10 11 12 13 What was your feelings physically or sexually with the was the size differential between you and the defendant? A Well, I was 105 and he was, I would assume 350, I don't know, large and tall. Q What was his hygiene when he was with you? 14 MS. ROTUNNO: 15 THE COURT: 16 A MS. ROTUNNO: 18 THE COURT: A MS. ROTUNNO: 21 THE COURT: A MS. ROTUNNO: 24 THE COURT: Q Overruled. Objection. Overruled. And he just was dirty. 23 25 Objection. Shit, excuse me, sorry, like poop. 20 22 Overruled. It was very bad, he smelled like -- 17 19 Objection. Objection. Overruled. Did you feel emotions towards the defendant? Page 2242 1 MS. ROTUNNO: 2 THE COURT: Objection, foundation. Overruled. 3 A I did have confusing emotions. 4 Q Describe those for the jury? 5 A There is a long period of time where these emotions 6 fluctuated, it was not sexual emotions, but there was some sort 7 of emotional dynamic there for me. 8 Q In what way? 9 A His approval would have meant so much to me. 10 MS. ROTUNNO: 11 THE COURT: 12 13 A Overruled. And I wanted, it's hard for me to break it down because my mind is within the different timeframes of things. 14 15 Objection. But when I would feel hurt or the anger I would stifle that down and just look for the good, and -- 16 THE COURT: Hold on, next question. 17 Q Why didn't you stop seeing him? 18 A There is no short answer to that. 19 things that happened over time. 20 be able to say all of them. 21 MS. ROTUNNO: 22 THE COURT: 23 Q There are many One time -- and I would like to One time -Objection. Hold on. Can you describe why it is that you stayed in a 24 relationship with the defendant? So Ms. Mann, without telling 25 us of single interactions, what we are asking you is to Page 2243 1 summarize for the jury why you stayed in a relationship with the 2 defendant, if you could? 3 A 4 soon. Well, I tried to break off the actual relationship very 5 MS. ROTUNNO: 6 THE COURT: Objection, foundation. Overruled. 7 A I stayed in contact with him for several reasons. 8 Q What were those reasons? 9 A I thought he was going to hurt my father. 10 MR. CHERONIS: 11 MS. ROTUNNO: 12 Q MR. CHERONIS: Q THE COURT: A MS. ROTUNNO: A Overruled. I had a fight with my dad once, and he saw I was upset. 17 18 Can we approach? What did he say or do that made you think that? 15 16 Objection. What did he say? 13 14 Objection. Objection, foundation. And he said to me that he has guys with bats and he 19 will send two men over there with bats, and he told me a story 20 of an actress and stalkers, that he had -- 21 22 MS. ROTUNNO: A He had already done that too. 23 24 25 THE COURT: Q Objection. Overruled. But Ms. Mann, was there anything that you liked about the defendant? Page 2244 1 A Of course. He was very successful, he's sort of a 2 genus in his own way. 3 when he is his nice self. 4 5 6 There are many likeable things about him MS. ILLUZZI: Q Did you feel as if you could stop having a relationship with him and stop seeing him? 7 MS. ROTUNNO: 8 THE COURT: 9 Q MS. ROTUNNO: 11 THE COURT: A 13 14 A MS. ROTUNNO: Q 18 Objection. Sustained, hold on. Next question. For the record. Did you express -MS. ROTUNNO: 19 For the record, the witness is throwing her hands up and shrugging her shoulders. 20 THE COURT: Q MS. ROTUNNO: 23 THE COURT: Q Next question. Ms. Mann, how often would you see the defendant? 22 25 Overruled. What it would become -- 16 24 Objection, foundation. MS. ROTUNNO: THE COURT: 21 Sustained. I learned very quickly -- 15 17 Objection. Ms. Mann, did you look forward to seeing the defendant? 10 12 Just give me a moment, Judge. Objection, when, foundation. Reask that. After the Montage and to recollect between that trip to New York City, in that period of time, how often would you see Page 2245 1 2 3 the defendant? A In the beginning he wanted to see me a lot, there is a lot of back to back. 4 MS. ROTUNNO: 5 THE COURT: Objection to what he wanted. Sustained. Ms. Mann, please listen 6 to the questions you are being asked, and focus on the 7 question you are being asked and answer only something that 8 is responsive to the exact question being asked, okay, 9 nothing beyond that, all right, understood? 10 A No, not understood. 11 12 THE COURT: A I don't understand. 13 THE COURT: 14 generally? 15 A THE COURT: 17 What color is the sky on this planet Blue. 16 18 Okay, so -- Great, you now understand. Next question. Q In the period of time from after the Montage event to 19 the trip to New York City, how many times approximately were you 20 in the defendant's company? 21 A I don't know. 22 Q Would it be as often as every day, every week, every 23 few weeks? 24 MS. ROTUNNO: 25 THE COURT: Objection. Overruled. Page 2246 1 A 2 time. 3 Q It felt back to back, I don't know to measure that in Did there come a time when the defendant asked you to 4 engage in a sexual act that was different from the other sexual 5 acts? 6 A Yes. 7 Q And did there come a time when there was another woman 8 involved? 9 A Yes. 10 Q Can you describe that to the jury? 11 A It started when I was at a Soho house party, and he 12 That is a yes or no? wanted to introduce me to a friend. 13 MS. ROTUNNO: 14 THE COURT: 15 A Objection as to what he wanted. Overruled. He introduced me to this woman at that party. He 16 didn't say why, and that night he wanted to see me, so I went to 17 -- 18 19 MS. ROTUNNO: A 20 21 22 To his room. THE COURT: A Objection what he wanted. Overruled. And a short period of time after I was there, this other woman showed up and he wanted to have a threesome. 23 Q How did that go? 24 A Um, bad. 25 Q Explain? Page 2247 1 2 A I was uncomfortable, my understanding of her was she was uncomfortable -- 3 4 MS. ROTUNNO: Q What, in your mind -- 5 6 THE COURT: Q MS. ROTUNNO: A 9 nervous. Stricken. Made you think this other person was uncomfortable? 7 8 Objection. Objection. She did not speak very good English and she appeared 10 THE COURT: 11 MS. ROTUNNO: 12 THE COURT: Overruled. Objection. Overruled. 13 Q What if anything happened at that time, what happened? 14 A Well, he wanted us to go into the room and for both of 15 us to undress. 16 MS. ROTUNNO: 17 THE COURT: Objection, as to what he wanted. Overruled as to that. 18 A So he asked us to go back there. 19 undress. 20 expressed I never had a threesome before. He told us to She undressed, I think I had taken my top off and I 21 Q Was that true? 22 A That is true, at that point, yes, and she was -- what I 23 gathered from her broken English was that she never had a girl 24 do down either or experience that. 25 MS. ROTUNNO: Objection. Page 2248 1 2 THE COURT: A Overruled. And she had laid on the bed, and I was still standing. 3 And Harvey was telling us orchestrations like I want you to go 4 down on her, and I said I don't know how to do that, and I think 5 that I grabbed her boob. 6 not happened to her before -- 7 MS. ROTUNNO: 8 THE COURT: 9 A MS. ROTUNNO: 11 THE COURT: A Objection. Overruled. Very tense, I saw myself in her. 10 12 And when she vocalized that this had Objection. Overruled. Not being able to communicate, and I broke down, I ran 13 out of there into the bathroom and I started crying and crying 14 and I was completely overwhelmed by it. 15 Then she came to the bathroom to ask if I was okay, and 16 Harvey seemed kind of upset and then he was like kind of teasing 17 me like oh, I'll never do that again with you, and I went out 18 and sat on the couch. 19 and closed the door, and I waited. And then he and her went back in the room 20 Q Did you ever see that woman again? 21 A I did. 22 Q When? 23 A I'm not sure how far into the future it was, but she 24 25 was looking for a place to live. Q Okay, continue, what happened with that? Page 2249 1 2 3 A She came over to the apartment to see the space to be with Talita, and I didn't hear from her after that. Q I'm going to show you a photograph we marked People's 4 106 for identification. 5 point. 6 7 8 I want only you to look at it at this ( Handed to witness). Q Do you recognize the person depicted in that photograph? 9 A Yes. 10 Q Who is it? 11 A Sorry. 12 Q Who do you recognize that person to be, do you 13 recognize that person? 14 A I do, I'm hesitant to say her name. 15 Q Do you know her name? 16 A Yes. 17 Q What is her first name? 18 A I'm only hesitant because -- 19 MS. ROTUNNO: Objection. 20 A I'm calling her out. 21 Q You do not have to worry about that, if you can tell us 22 her first name. 23 THE COURT: Overruled. 24 A Emmanuella. 25 Q Does that fairly and accurately represent how Page 2250 1 Emmanuella looked in 2013? 2 A When I met her, she was in an outfit like that. 3 Q Is this the woman who you were with in Harvey 4 Weinstein's room you just described to us when you ran away 5 crying? 6 A Yes. 7 MS. ILLUZZI: 8 People's number 106. 9 THE COURT: 10 MS. ROTUNNO: 11 THE COURT: 12 13 14 I ask it be marked in evidence as Any objection? No. 106 is received into evidence. Next question. Q Ms. Mann, did there come a point in time when you went to New York City in 2013? 15 A Yes. 16 Q Do you remember when that was? 17 A Around St. Patrick's Day. 18 Q Was that the first time you were ever in New York City? 19 A Yes. 20 Q Who did you go to New York City with? 21 A Thomas. 22 Q Who is Thomas? 23 A Thomas is an agent in the industry. 24 Q When you say agent in the industry, you mean the 25 entertainment industry? Page 2251 1 A Correct. 2 Q How did you know Thomas? 3 A Well, I auditioned for him originally, and then I ran 4 into him like a year or so later at a Weinstein Company party. 5 Q Did Thomas invite you to come to New York City with 7 A He did. 8 Q Did he say why he was going to New York City? 9 A I know, I think he was writing it off as a business 10 trip. 11 Q 6 12 him? Did you have any physical relationship with Thomas at all? 13 MS. ROTUNNO: Objection. 14 A Absolutely not. 15 Q Up until this day? 16 A Nothing, never. 17 Q Do you remember what the business was that Thomas was 18 going to New York City for? 19 A I don't. 20 Q Do you know what if any the relationship was between 21 Thomas and the defendant, Harvey Weinstein? 22 A As far as I knew, they had never formally met. 23 Q How did you know that? 24 A Because Tommy went, wanted to meet him, that is what he 25 told me. Page 2252 1 2 3 Q Had you told anybody up until this point about what was going on between you and the defendant? A I attempted to. 4 MS. ROTUNNO: 5 A 6 that. It started to go bad, so I did not say anything after 7 8 MS. ROTUNNO: A THE COURT: Q Objection. Sorry I cannot hear. 9 10 Objection. Overruled. Overruled means you can answer. You indicated that you 11 tried to tell somebody and it did not go well, explain that to 12 the jury? 13 MS. ROTUNNO: 14 THE COURT: 15 16 Q Objection, foundation. Sustained as to any additional part. Did you go in that period between the Montage and New York City, were you going to events with the defendant? 17 A I don't understand. 18 Q During that period of time between the Montage incident 19 and the New York City incident, would the defendant go with you 20 to events? 21 A 22 23 24 25 Not with me, he would be there at some point, depends on the event. Q Sometimes he would not show up until the evening. Do you recall taking a lot of photographs with you and the defendant? A I never took any with him. Page 2253 1 Q 2 City. Where did you stay in New York City, do you recall? 3 A We went to different districts in New York, so we 4 I'm going to take you back now to going to New York changed hotels. 5 MS. ROTUNNO: 6 THE COURT: 7 8 Q Objection relevance. Overruled. At some point in time during that trip, did you stay at the Doubletree Hotel? 9 A Yes. 10 Q When you say the Doubletree Hotel, who stayed with you? 11 A Thomas. 12 Q Was that in the same room? 13 A Yes. 14 Q But again, was there any physical relationship between 15 16 you and Thomas? A None. 17 MS. ROTUNNO: 18 THE COURT: Objection, asked and answered. Overruled. 19 Q Did you have a great deal of money in your life? 20 A No. 21 MS. ROTUNNO: Objection, relevance. 22 A No. 23 Q Did Thomas pay for your trip? 24 A He did. 25 Q On that trip, did you have plans to meet with the Page 2254 1 defendant? 2 A Yes. 3 Q What were those plans? 4 A We were all going to have breakfast; me, Talita, and 5 Harvey, and Thomas. 6 Q Where was that breakfast to take place? 7 A I don't remember, other than we planned to be 8 9 10 downstairs at the lobby, and I think we were going to eat there. Q The night before the breakfast was to happen, what was Thomas doing? 11 A 12 drinking. 13 Q Were you with him out past four a.m drinking? 14 A No. 15 Q Take us now to the morning where you were to have 16 breakfast with the defendant, Thomas and Talita. 17 18 19 20 He was completely obliterated and out past four a.m Can you tell the jury what if anything happened in the morning of that day? A So, we had all planned a time and Harvey shows up pretty early before that meeting, and -- 21 Q 22 A Yeah. 23 Q Do you recall how you were notified he's there? 24 A Well, someone in the hotel I think said you have a 25 Are you notified that he's there? guest down here, Harvey, I was in the room, so -- Page 2255 1 Q What happened when you found out he was there? 2 A I panicked. 3 Q And what did you do? 4 A I tried to delay and I think I reached out to Talita 5 and was like oh my God, he's here. 6 waited kind of as long as I could until I felt like I had to go 7 down there. 8 And so I go downstairs. How far are you. And I And when I get downstairs, 9 Harvey is checking into the hotel, and then I really freak out, 10 and I go up to the counter where he's talking to someone, and I 11 say what are you doing. 12 and no one is like really answering me. 13 need a room, why are you getting a room. And I could tell he's getting a room, I was hey, we don't 14 Q Why were you upset about that? 15 A Because I knew what he was trying to do. 16 MS. ROTUNNO: 17 THE COURT: 18 Q 19 defendant? MS. ROTUNNO: A 24 25 THE COURT: Q Objection. Yes. 22 23 Overruled. Had you been trying to avoid sexual situations with the 20 21 Objection. Overruled. What was his demeanor when he was standing there checking in? A He was, he got very mad at me for trying to speak up, Page 2256 1 and I was saying to the people like we don't need a room. 2 So he pulled me aside away from the counter and he told 3 me not to embarrass him, and I got really quiet and I just 4 started pacing, and he went back to the counter and I was 5 looking at the people at the counter like pleading like I did 6 not want them to give him a room key. 7 And then he got it and he comes back to me, you know, 8 and he put his arm on me and started guiding me to go to the 9 room. And so I thought well, at least up there in private I can 10 yell at him if I need to and talk to him, which I never really 11 could ever yell at him, and inside the room -- 12 Q Take your time. 13 A I started to argue with him, we don't have time, Talita 14 is coming, she's going to be here. 15 Thomas and Talita would see me coming out of this like room with 16 him and make all these assumptions, you know, because I was just 17 trying to hide everything. 18 19 20 21 22 23 24 25 And I was so afraid that And I attempted twice to open the door and leave and he blocked the door both times. Q You have to describe for us how that was, how is it that you tried to open the door and how did he block it? A So, I attempted to open the handle and he would put his arm up both times. Q With your Honor's permission, indicating with her right hand above her head. Page 2257 1 When you say putting his arm up, where was he putting 2 his arm? 3 A 4 5 6 Well, it was over me, and higher than me, and then he would, he took my hand off the handle. Q But when you were opening the handle, were you getting the door open at all? 7 A Yeah, a little bit. 8 Q Then what would happen with his arm? 9 A That is when he would slam it shut. 10 Q When he was slamming it shut, where was that in 11 12 relation to your body? A Well, we are both right there by the door. 13 the side where the door opens, you know. 14 enough I could go right out it. 15 where the hinges were to just close it. 16 17 Q I could, if it opened But he was more on the side When he put his hand above you, where was his hand in relationship to the door and the door jam? 18 A 19 asking me. 20 Q 21 I was on The door jam -- well, I'm kind of confused what you are Okay. You're trying to open the door and you said he's putting his arm up slamming it, right? 22 A Yeah. 23 Q Describe that to us, how was he slamming the door? 24 A So, we were both facing each other, you know, squared 25 kind of like that, and he would, it is just with his body, his Page 2258 1 shoulder to the door, it was very easy like that. 2 MS. ILLUZZI: 3 Indicating with her body his right hand. 4 Q You are saying his right hand, you have to answer. 5 A Yes. 6 Q Then when you opened the door, would he force it 7 closed? 8 A Yes, I was using strength. 9 Q What happened after you tried this several times? 10 A Well, I kind of shut down a little bit and then he told 11 me to undress and I still was not undressing. 12 And then he comes at me and grabs my hand to try to 13 force me to start undressing myself as he held my hand to do it, 14 and -- 15 Q How were you feeling? 16 A Panicked, because my worst nightmare I felt like could 17 happen. 18 Q Which was? 19 A That -- 20 MS. ROTUNNO: 21 THE COURT: 22 23 A Objection. Overruled. This secret of this dynamic with him was about to be seen in front of Talita and Thomas. 24 Q That was embarrassment, is that correct? 25 A Panic and more panic. Page 2259 1 2 Q Did you have any other feelings about the defendant at that moment? 3 A I was very angry inside and a little scared because we 4 were having, at that point, that was one of the more escalated 5 times. 6 me to undress myself. He never kind of came at me like with his hands holding 7 Q Were you able to get out of the room? 8 A No. 9 Q What did you do next? 10 A I gave up at that point, and I undressed and he stood 11 over me until I was completely naked, then he told me to lay on 12 the bed. 13 And once I was naked and laying on the bed, he walked 14 into the bathroom and sort of closed the door behind him. 15 was gone for not very long at all, and the door is still kind of 16 open a little bit. 17 He And then he came out naked and he got on top of me and 18 that is when he put himself inside of me, his penis inside of 19 me. 20 Q Inside of your vagina? 21 A Yeah. 22 Q What was his demeanor towards you prior to going, prior 23 24 25 to him going into the bathroom? A He would have commanding type statements such as you know, undress now. Page 2260 1 Q Can you describe to the jury his tone of voice? 2 A Like a drill sergeant and sharp and angry, it is hard 3 4 5 to put it into emotion. Q Had you ever had intercourse with him before this moment? 6 A 7 playing. 8 his penis inside of me. 9 10 Q No, I would-- what I thought we were doing was role But I don't have any, I didn't have any experience of After he put his penis inside you, describe what happened next? 11 A 12 bathroom. 13 Q When he was done, he got dressed and I ran into the I'm going to stop you there for a second. When he was 14 putting his penis in your vagina, where was your body and where 15 was his? 16 A I was laying completely on my back the whole time, and 17 he was completely laying on top of me, which is not very 18 comfortable. 19 Q Were you able to move or get up? 20 A No, you can't under him. 21 Q Continue now to the point where he gets dressed, what 22 do you do? 23 A I go to the bathroom and I was just trying to collect 24 myself for a minute, and I see a needle in the trash can, and I 25 flip out and I grab it and I look at it. Page 2261 1 And I remember the name, I wanted to Google it. And I 2 was it's just the realization that he stabbed himself with a 3 needle and there has to be -- 4 5 MS. ROTUNNO: A Blood. 6 THE COURT: 7 A 8 over that. 9 Q 10 Objection. Overruled. And he was inside of me, and I was kind of in shock Did the defendant use a condom or any protection when he put his penis in your vagina? 11 A No. 12 Q Do you recall the name of the needle that you saw in 13 14 15 the garbage? A I do not remember the medical term, but when I Googled it, it basically implied -- 16 MS. ROTUNNO: 17 THE COURT: Objection. Overruled. 18 A Dead penis type thing. 19 Q Where was the name, was there packaging or where was 20 21 22 23 24 25 the name with regards to the needle, if you recall? A I'm not sure, but whatever I picked up, you know, there was the word somewhere in there, I guess. Q Do you recall anything else in the garbage with the needle? A I don't remember. Page 2262 1 Q What happens next? 2 A I just remember being to the point where we were 3 walking down some stairs and there was Talita and Thomas waiting 4 for us. 5 Q Did you tell them what happened? 6 A No. 7 Q Why didn't you tell them what happened? 8 A I was so embarrassed, I wanted Thomas to respect me and 9 -- I thought that since he saw him and I walking down the 10 stairs, they would think whatever they wanted to think, you 11 know. 12 13 I didn't, I was not that close to Thomas like that either, it is a very personal thing that happened to you. 14 15 Q Did you eventually meet Thomas and Talita at breakfast in that hotel? 16 A Yeah, we did. 17 Q Do you recall what the conversation was? 18 A I was pretty shut down. 19 Thomas was really hung over, kind of out of it, and Talita was pretty perky. 20 Harvey said he had a premier, and that I should stay 21 one more day and go to this premier, and it would be good for 22 me. 23 And I didn't want to stay, and I kept saying no, I 24 can't, I need to get back, I came with Thomas. He was saying 25 oh, well change your flight, whatever, we will take care of it. Page 2263 1 And Talita of course was very much like yeah, lets go, 2 please go, then he said we can go see the office and all these 3 like things he wanted to give us. 4 And I kept trying to communicate with Thomas, you know, 5 that I didn't want to go but he was so, I think he was just hung 6 over and just didn't care or really understand me. 7 MR. CHERONIS: 8 THE COURT: 9 Q Objection. Overruled. Did you ask Thomas like, you know, what did you ask 10 Thomas specifically, what did you say with regard to staying 11 overnight? 12 A Well, I remember that I kept trying to use the excuse 13 because I didn't book my travel, that I couldn't change it or 14 anything. 15 by either friend. And I just remember not feeling seen or heard really 16 Q Well, did you tell him what happened upstairs? 17 A No. 18 Q Did you wind up staying another night in New York? 19 A I did. 20 Q And what arrangements were made for you at the hotel? 21 A Somehow, I'm not sure if anything was coordinated with 22 Thomas, but there was either my reservation was changed or a new 23 ticket was booked, and I think that they probably renewed a 24 night for me, but I didn't stay at the hotel. 25 Q Why not? Page 2264 1 2 A I was scared because he knew where I was and I didn't want him to come back and find me, I was trying to avoid him. 3 Q Where did you stay? 4 A I slept in a closet on the floor in Talita's house. 5 Q After breakfast later on that day, did you go anywhere? 6 A We did. 7 Q Where did you go? 8 A We met with a woman named Julie Oh at the Weinstein 9 office. 10 Q What happened relevant to that? 11 A It was mostly Talita asking questions about how to 12 option a book, how can the company do that. 13 were going to be producing, I was not that engaged, it was 14 mostly Talita. 15 16 Q Two movies they By that time, had you read the script for, the script for that vampire movie? 17 A This is where I mixed up some. 18 Q If you don't know, it is okay. 19 A Yeah, at this moment I just told all that stuff, I'm 20 21 22 not really sure. Q You indicated that he had a premier that night, do you recall what the premier was? 23 A I believe it was August Osage County. 24 Q Did you see a flier for it, like an invitation for it? 25 A I mean usually we get an e-mail. Right at this moment Page 2265 1 2 3 I don't recall. Q When you say you went to the premier, when you say we, who is the we you are talking about? 4 A Me and Talita. 5 Q Did you see the defendant at that premier? 6 A Yes I did. 7 Q Did you interact with him? 8 A I think there was a brief greeting after the movie 9 10 where, you know, Talita complemented the movie and I said it was a good movie as well. 11 12 I actually cried at that movie, and then Harvey wanted me to have tea with him and his daughter Emma right after. 13 Q Did you do that? 14 A I did not do that. 15 Q You had indicated the time you came into Manhattan was 16 around St. Patrick's Day, is that correct? 17 A Yes. 18 Q In 2013. 19 And he was mad. Was that the only time you ever stayed at the Doubletree? 20 A Yes. 21 Q Again, that was the actual evening of the premier, like 22 it was the morning? 23 A I think so. 24 Q The evening was the premier? 25 A Yeah, because he said stay just one more day. Page 2266 1 2 Q When you went back to Talita's home. Sorry, give us one second. 3 You have to project your voice, okay. When you went 4 back to Talita's home after the premier, did you tell Talita 5 what had happened at the hotel earlier in the day? 6 A I did not. 7 Q How close were you to Talita at that point? 8 A We have been roommates, but I was not necessarily 9 confiding in her. 10 Q 11 to Talita? 12 A One time. 13 Q When was that? 14 A She wanted to know why I did not want to go to one of 15 Did you ever say anything negative about the defendant his parties. 16 MS. ROTUNNO: 17 MR. CHERONIS: 18 THE COURT: 19 A 20 21 MS. ROTUNNO: 23 THE COURT: 25 Q Overruled for that. Hold on. At that time, what if anything did you tell Talita? 22 24 Objection. And -THE COURT: Q Objection. Objection, foundation. Sustained. How did Talita react to you saying something negative about the defendant? Page 2267 1 MS. ROTUNNO: 2 THE COURT: 3 4 Q with the defendant? MS. ROTUNNO: 6 THE COURT: A 10 THE COURT: Q Objection. Sustained. She -- 8 9 Sustained. Did Talita ever encourage you to end your relationship 5 7 Objection. Hold on. I'm going to take you back now to when you returned home to Los Angeles. 11 Was there still communication between you and the 12 defendant? 13 A Minimal, yes. 14 Q Can you describe what form of communication you usually 15 had with the defendant? 16 A Mostly only e-mail. 17 Q And was it e-mails, what was, where was the e-mail with 18 regard to the defendant, was it his home, office, do you 19 remember? 20 A He gave me what he told me was a private e-mail. 21 Q As you sit there now, do you remember what it was? 22 A I believe it was HW 375 at something, I don't know. 23 Q Can you describe your communications with the defendant 24 for the most part, the tone of your conversations and your 25 communications with him? Page 2268 1 A Most would be a lot of flattery, a lot of compliments. 2 Q From who to who would the compliments be going? 3 A Me to him. 4 Q Why, why were you flattering him? 5 A Well, I felt like it was like, you know that fairytale 6 The Emperor With No Clothes, his ego was so -- 7 8 MS. ROTUNNO: A Fragile. 9 10 THE COURT: A Objection. Overruled. And it would also make me feel safe, because 11 worshipping him in this sense is really, there is a lot of 12 dynamics in the relationship, I hope I can explain. 13 Q So, you were sending him flattering e-mails, is that 14 correct? 15 A Yes. 16 Q Did you mean everything that you said? 17 A It was not about meaning, it was about being perceived 18 as -- 19 MS. ROTUNNO: 20 THE COURT: Objection, non-responsive. Overruled. 21 A 22 a threat. 23 Q Why? 24 A I was afraid I would trigger his anger, and his anger 25 I wanted to be perceived as innocent and naive and not when he felt rejection, I assume when he felt rejection -- Page 2269 1 MR. CHERONIS: 2 THE COURT: 3 4 Q Objection. Sustained. I'm going to ask you to go back, you cannot say what somebody else feels. 5 A Okay. 6 Q You can only say what you feel. 7 A Okay. 8 Q So, why was it that you were sending flattering e-mails 9 10 11 to the defendant? A Because I learned real quick what pattern of behavior was -- 12 MS. ROTUNNO: 13 THE COURT: 14 15 16 Q Sustained. Ms. Mann, did you mean all of the flattering things you said to the defendant? A I usually would try to find something based in truth. 17 MS. ROTUNNO: 18 THE COURT: 19 Objection. A Objection. Sustained. But it was not -- 20 MR. CHERONIS: 21 THE COURT: Objection. Sustained. 22 A Does that? 23 Q That means you cannot answer, this is my fault for 24 25 asking the questions, not yours, okay. MS. ROTUNNO: Objection. Page 2270 1 2 3 THE COURT: Q Sustained. Did you genuinely mean the nice things you were saying to the defendant? 4 MS. ROTUNNO: 5 THE COURT: Objection. Overruled. So the possible answers 6 are yes or no or I cannot answer that question with a yes 7 or no. 8 A I cannot answer that question with a yes or no. 9 Q Did you at times say things to the defendant that you 10 didn't really feel? 11 12 MS. ROTUNNO: A 13 Objection. I exaggerated. THE COURT: Overruled. 14 Q Why did you exaggerate? 15 A When he would abuse me -- 16 17 MS. ROTUNNO: A He would -- 18 MS. ROTUNNO: 19 THE COURT: 20 MS. ILLUZZI: 21 THE COURT: 22 Q MS. ROTUNNO: 24 THE COURT: Q Objection. Sustained. May we approach? No. How were you feeling towards the defendant? 23 25 Objection. Objection. Sustained. Were you ever afraid of the defendant? Page 2271 1 2 MS. ROTUNNO: A Yes. 3 4 THE COURT: Q MS. ROTUNNO: A 9 10 11 THE COURT: Q Objection. Yes. 7 8 Overruled. Did that drive the tone of your e-mails? 5 6 Objection. Overruled. Taking you back now to L.A, was there further discussion regarding your audition or auditioning for that vampire movie? A I know there was a point where we read the scripts at 12 the office, and there was another future point where I saw a 13 breakdown on the internet which means they had put out a casting 14 notice. 15 16 MS. ROTUNNO: A Objection. For a role. 17 MS. ROTUNNO: 18 THE COURT: Objection Judge. Overruled. 19 Q Do you remember the name of the movie at that point? 20 A Vampire Academies. 21 Q When you said that we had read the script at the 22 office, who is the we? 23 A Me and Talita. 24 Q And what office was that? 25 A The Los Angeles Weinstein Company. Page 2272 1 2 Q When you saw the breakdown of the parts, was that significant to you? 3 4 MS. ROTUNNO: A Yes because -- 5 MS. ROTUNNO: 6 THE COURT: 7 A MS. ROTUNNO: 9 THE COURT: Q Objection, calls for hearsay. Overruled. Because it exposed so many lies. 8 10 Objection. Objection. Overruled. In the entertainment industry, in your understandings, 11 when is a breakdown of the parts put out? 12 MS. ROTUNNO: 13 THE COURT: 14 A MS. ROTUNNO: 16 THE COURT: 18 19 Q Overruled. When they are looking to cast the roles. 15 17 Objection. Objection as to they. Overruled. Had you been called to audition for this movie prior to what you saw in terms of the breakdown? A It was a fake audition, but yes. 20 MS. ROTUNNO: 21 MR. CHERONIS: 22 THE COURT: 23 24 25 Q Objection. Overruled. Listen to my question, before you saw the breakdown come out, did you audition? A Objection. No. Page 2273 1 2 Q After the breakdown came out, did you contact someone at the Weinstein Company? 3 A Yes. 4 Q Who was that that you contacted? 5 A I think Harvey directly and at some point I talked to 6 Barbara. 7 Q After speaking to Harvey and or Barbara with regards to 8 the audition, did you in fact go to an audition for Vampire 9 Academies? 10 A I suppose we can call it an audition. 11 Q Describe it for the jury. 12 A It was unlike any audition I have ever had in my whole 13 career of acting. It was -- everything was closed. 14 not even lights on, there was no one there, we had to wait for 15 someone one to come to open it. 16 woman then we were leaving and as we were leaving she was oh, I 17 was supposed to put you on camera. 18 MS. ROTUNNO: 19 THE COURT: There were Then we each read first this Objection. Overruled. 20 A Come back and do it again, and it was not normal. 21 Q Did you know the age range of the actors that would be 22 23 considered for the role that you were auditioning for? A Only once I saw the script. 24 MS. ROTUNNO: 25 THE COURT: Objection. Overruled. Page 2274 1 2 Q How old were you at the time you auditioned for the vampire movie? 3 A I was 27 I think. 4 Q Did you provide anybody with that information, either a 5 6 7 8 9 resume or anything that also reflected your age? A Well, the Weinstein Company or Harvey had my resume, my age prior to all of this. Q You had said we with regards to audition. Did the same thing happen with Talita, did she also then come back and go on 10 tape and audition for the Vampire movie? 11 MS. ROTUNNO: Objection. 12 A We both did at the same time. 13 Q Do you remember the first or last name of the person 14 15 16 who was there auditioning you? A Well, I'm not one hundred percent, but I thought it was Marcy, but I'm not sure. 17 Q 18 defendant? 19 A Yes. 20 Q And what would occasion you seeing the defendant? 21 A Well, I just remember seeing him when I read the 22 script. After that point, did you continue to see the There was a big period of time that I did not see him. 23 Q Did you know where the defendant ordinarily lived? 24 A Not until way later, no. 25 Q How would the defendant communicate with you that he Page 2275 1 2 wanted to see you? A Well, usually someone in the office would start calling 3 me, then if I did not respond to that, he would maybe send an 4 e-mail or something like that. 5 6 Q After what occurred in the, in New York, did you try to avoid seeing the defendant? 7 A Yes. 8 Q In what way would you try to avoid seeing him? 9 A Well, I know that I wanted to avoid specifically being 10 like alone with him, there are like 10 things running through my 11 brain right now. 12 13 14 15 16 MS. ILLUZZI: A If you need a break let us know. It is just hard, it is so fragmented to not explain everything. Q The question before you is how would you avoid trying to see him? 17 A I would make a lot of excuses. 18 Q Like what? 19 A Like I'm working or sorry I forgot. Or then I would be 20 sure to say it's not you, I promise, it is my life that is 21 crazy, it has nothing to do with you. 22 calls, you know. I would or ignore the 23 Q Did you ever try to navigate around sexual events? 24 A Yes. 25 Q Did that have anything to do with the injection you saw Page 2276 1 in the garbage pail? 2 3 MS. ROTUNNO: A Objection. Absolutely. 4 THE COURT: Overruled. 5 Q Explain that to the jury. 6 A When I researched sort of what it was, every pattern, I 7 sort of picked up on -- 8 MS. ROTUNNO: 9 THE COURT: 10 Q that was important to you? 12 MS. ROTUNNO: A MS. ROTUNNO: 15 THE COURT: 17 Q 22 Hold on, sustained. what was the information you gathered? MS. ROTUNNO: A THE COURT: Q Objection. I can only -- 20 21 Objection. What was the result of the research that you conducted, 18 19 Objection. It explained his behavior to me. 14 16 Sustained. Not his pattern, but what was it about that research 11 13 Objection Judge. Hold on, sustained. Did you research the medication or whatever was in the garbage pail? 23 A I did research it. 24 Q And did that research inform you -- 25 MS. ROTUNNO: Objection. Page 2277 1 Q With regards to the defendant's ability to have sex? 2 3 MS. ROTUNNO: A Yes. 4 THE COURT: 5 MS. ROTUNNO: 6 7 Q 9 THE COURT: A 11 Objection. Overruled. It could only be used -MS. ROTUNNO: A MS. ROTUNNO: 14 THE COURT: Q Objection. So many times. 13 15 She's not a doctor. ability to have sex? MS. ROTUNNO: 12 Overruled. In what way did it inform you about the defendant's 8 10 Objection. Objection asking for medical -Sustained. Irrespective of what the medication or the research 16 that you did indicated, did it change your pattern or your 17 responses to the defendant? 18 A Absolutely. 19 Q In what way? 20 A I would delay the days between where I felt I needed to 21 show up and I would extend that past the point where I felt the 22 likelihood of him having used it already. 23 MS. ROTUNNO: 24 25 A Objection Judge. Would have past. THE COURT: Overruled, move on. Page 2278 1 MS. ROTUNNO: 2 3 4 The likelihood, what foundation, likelihood, how, when, where? Q At some point did you get a job at the Peninsular Hotel? 5 A I did. 6 Q What kind of job was that? 7 A Cutting hair. 8 Q Where was the salon with regard to the Peninsular 9 10 Hotel? A Well, they converted an old hotel room to a salon, it 11 was on the first, I'm not sure if it is considered the first 12 floor, you go down a few stairs. 13 Q How did you get that job? 14 A Through Harvey. 15 Q This man, did Harvey Weinstein ever give you money? 16 A He attempted to. 17 Q Did you take it? 18 A Absolutely not. 19 Q What was your financial situation at that time -- 20 withdrawn. 21 Peninsular in Los Angeles? The Peninsular you worked at, was that the 22 A Yes. 23 Q What was your financial situation during that time? 24 25 MS. ROTUNNO: A Objection. I could not even afford rent, I was so broke. Page 2279 1 Q Did you ask the defendant for money? 2 A No. 3 Q Did he attempt to give you money at some point? 4 MS. ROTUNNO: 5 THE COURT: 6 A THE COURT: Q MS. ROTUNNO: 10 12 THE COURT: Q Sustained. to give you? MS. ROTUNNO: 14 THE COURT: 16 Objection. How did you reject the money that the defendant tried 13 15 Asked and answered. How much money did the defendant try to give you? 9 11 Sustained. He attempted to deliver -- 7 8 Objection. Q Objection. Sustained. When you were with the defendant, did he at times brag about connections that he had? 17 MS. ROTUNNO: 18 THE COURT: Objection. Overruled. 19 A Yes very much. 20 Q Explain that to the jury? 21 MS. ROTUNNO: 22 THE COURT: Foundation. Overruled. 23 A He loved to tell me that Bill Clinton was his neighbor, 24 I'm sorry. 25 raise for big organizations. He would talk about all this money that he would I mean he had a story for most Page 2280 1 anyone in the world if you asked him really, but the biggest one 2 for me was Bill Clinton. 3 Q Did you ever witness him taking a call with the former 4 president? 5 A Yes. 6 Q Explain that to the jury? 7 A The first call -- 8 MS. ROTUNNO: 9 THE COURT: 10 A Objection. Overruled. He would talk about Mr. President, I don't remember the 11 exact nature of that first call, then the last two I saw was 12 when he was raising money for Hillary Clinton. 13 MS. ROTUNNO: 14 THE COURT: 15 A 16 for him. Objection foundation. Overruled. They were talking about the actresses he would bring in 17 MS. ROTUNNO: 18 THE COURT: 19 Q 20 defendant? 21 A Objection, they are talking. Overruled. How did this affect your conduct with regards to the It intimidated me because when you are raising that 22 much money for that powerful of a person that you can just call 23 them on your phone, they are not going to want to deal with 24 someone crying rape. 25 MS. ROTUNNO: Objection. Page 2281 1 A And ruining that. 2 THE COURT: Overruled. 3 A In my opinion. 4 Q Ms. Mann, did you have any of these connections? 5 A No. 6 Q At some point, Ms. Mann, did you begin a relationship 7 with somebody else? 8 A Yes. 9 Q And what was that person's job? 10 A He was, I would say a pretty well known actor. 11 Q Did you try or did you tell the defendant that you were 12 in a relationship? 13 A Yes. 14 Q Explain what happened at that time? 15 MS. ROTUNNO: 16 THE COURT: I ask for the foundation. Overruled. 17 A I had been avoiding, let me start again. 18 Q Take your time. 19 A Okay, I was scared to tell Harvey, but I knew I had to 20 do it because I wanted integrity for my relationship. 21 want Harvey to continue the behavior to me that he was doing. 22 I didn't And during the course of my dynamic with Harvey, he 23 would tell me things like rules that he had. Such as you can 24 date anyone you want, but you cannot date anyone in the 25 industry, I won't have it, I find that disrespectful and Page 2282 1 unprofessional. 2 He -- so since I was dating an actor, I was 3 particularly concerned about protecting the actor I was dating. 4 And we were supposed to go and talk after this dinner that 5 Harvey invited me to, but he brushed it off until finally he 6 agreed to see me after work. 7 MS. ROTUNNO: 8 THE COURT: 9 A Objection, foundation, when, when. Overruled. And so I said to him, Harvey, you know my dreams and my 10 hopes that I want to find a relationship, and I want to get 11 married one day and have kids, and I just want you to know that 12 I met someone that I would like to have a relationship with, and 13 I already started a relationship with this person. 14 already sleeping with this person. 15 I was So that was very important to me to protect our sexual 16 relationship, and, and then Harvey asked me well, who is this 17 guy, who is this guy that captured you. 18 going to tell you. 19 And I said I'm not He goes is it a banker, I was silent. Is it an 20 investment guy, Wall Street guy, I remained silent. 21 it an actor. 22 he knew -- I looked down and still did not say anything, and 23 MS. ROTUNNO: 24 THE COURT: 25 A He goes is Objection what he knew. Overruled. I assumed, I assumed. Page 2283 1 2 MS. ILLUZZI: Your Honor, this might be a nice time to break for lunch. 3 THE COURT: Okay, Ms. Mann, you can step down and 4 wait for further instructions from the D A in the witness 5 room. 6 ( Witness crying on the stand loudly). 7 ( Witness exit courtroom). 8 THE COURT: 9 lunch recess. All right jurors, we will take our Remain mindful of all my prior admonitions 10 and instructions to keep an open mind, do not form an 11 opinion as to the guilt or innocence of the defendant. 12 Do not discuss this case among yourselves or with 13 anyone else nor allow anyone to discuss it in your 14 presence. 15 research or communication, electronically or otherwise 16 about anything whatsoever to do with the case. 17 back here prior to 2:15, thank you very much. And most certainly refrain from any and all 18 ( Jury exits courtroom). 19 THE COURT: 20 MR. CHERONIS: See you Yes. I would like to add to the initial 21 Molineaux application I made, not Molineaux application, my 22 application regarding Ms. Wulff. 23 Now, now the State before they sat down dropped an 24 extra little tidbit that the witness that they contacted is 25 in some other state. Page 2284 1 So we are in a position now where because of their 2 discovery and Brady violations, there is a witness that is 3 outside the control of this Court, that somebody we most 4 likely will not be able to obtain to testify in this 5 courtroom. 6 It is sort of the cherry on top of the Brady 7 violation where we are given this information after the 8 witness already testified about the ability to interview 9 that witness, and most likely without the ability to get 10 11 that witness present in court. So for another reason, we are asking this Court 12 decide it was in fact a discovery violation, it was a Brady 13 violation and to order a mistrial. 14 I cannot see for the life of me with a straight 15 face the State can stand up, say this witness does not 16 matter and oh, by the way, she's not in the State of New 17 York, it baffles the mind. 18 19 20 21 22 23 24 25 THE COURT: All right, see you prior to 2:15, thank you. ( Lunch recess taken). Page 2285 1 (P.M session of January 31, 2020). 2 MS. HAST: Judge during the lunch break we got in 3 touch with Gloria, and she will be making herself available 4 next week if necessary to come to New York, if they 5 request. 6 THE COURT: They do. So have her here Thursday, 7 and have Ms. Wulff available I guess here Tuesday, and I'll 8 ask them if they want her to be recalled. 9 All parties are present also Mr. Kamins. 10 ( Jury enters courtroom). 11 THE CLERK: 12 are present. 13 and properly seated? Case on trial continues, all parties Do the parties stipulate the jury is present 14 MS. ILLUZZI: Yes. 15 MS. ROTUNNO: Yes. 16 THE COURT: 17 Welcome back jurors. Once again, thank you for being so timely all the time. 18 COURT OFFICER: Witness entering. 19 ( Witness enters courtroom). 20 THE COURT: Welcome back Ms. Mann, I remind you 21 that you are still under oath and the same rules apply. 22 Settle in there, we will get you the microphone back. 23 24 25 Ms. Illuzzi, once Ms. Mann is settled in, resume your examination. MS. ILLUZZI: Thank you. Page 2286 1 DIRECT EXAMINATION CONTINUED 2 BY MS. ILLUZZI: 3 Q Ms. Mann, I'm going to take you back to a point which 4 we left off before the lunch hour with regards to an incident 5 which took place at the Peninsular Hotel in Los Angeles. 6 7 At the time this incident took place, do you know approximately how long you had known the defendant? 8 A I believe less than a year. 9 Q At the time of this incident in the Peninsular, were 10 you still working as a hair dresser at the Peninsular? 11 A Yes. 12 Q Ms. Mann, in your observations, how was the defendant 13 treated at the Peninsular Hotel? 14 A As if he owned it. 15 Q As an employee of the Peninsular, how was it that you 16 were expected to act towards guests? 17 MS. ROTUNNO: 18 THE COURT: Objection. Towards guests, overruled. 19 A Very respectful, pleasant, very greeting, greet people. 20 Q What did you observe of how the defendant acted in the 21 Peninsular? 22 MS. ROTUNNO: 23 THE COURT: 24 A 25 he wanted. Objection. Overruled. All of -- even upper management curtailed to anything Page 2287 1 Q What was his affect and demeanor in the Peninsular? 2 MS. ROTUNNO: 3 THE COURT: 4 5 6 7 A He got the conference room whenever he wanted to. I'll stop you. Listen to my question. What was his affect and demeanor, what was he like at the Peninsular? 8 A 9 he got it. 10 Overruled. He got, he had his tables specifically for him at that restaurant. Q Objection. Q He was like a boss. He told people what he wanted and I'm going to take you back to the point at which you 11 are having a conversation with the defendant in his hotel room 12 at the Peninsular with regards to the fact that you were now in 13 a different relationship, a relationship with someone else. 14 Take us back and tell us about that conversation? 15 A So wow, I mean I refused to be answering him. 16 Q With regards to what? 17 A Who I was dating, and by the time he got to the 18 question if he was an actor, his eyes changed and he was not 19 there. 20 from the table, and he was screaming you owe me, you owe me one 21 more time. 22 They were very black and he ripped me up from my chair As he was dragging me into the bedroom I didn't fall, 23 but I was having a lot of trouble keeping my balance, he was 24 pulling me so fast he, he sort of threw me down on the edge of 25 the bed and he was demanding that I take off my clothes, and I Page 2288 1 was begging him, I said no, please, no, because I already been 2 with my boyfriend. 3 He stood over me and he said take off your clothes 4 again, and I said no again. 5 games. 6 my pants, and he ripped my pants so hard and so fast off of me 7 that I had three scratches down each leg from the top of my 8 thigh to right above my knee. 9 And he said I don't have time for And he lunged at me with both hands and they hooked into He pulled my pants down. Only the middle scratch had dots of blood that had come 10 up, but there were three red marks and it hurt. 11 of like a paper cut but deeper, and I froze and lost my voice 12 and I crawled back to the pillows and I got in a ball and I had 13 no strength. 14 It stunk kind I remember thinking because he had walked into the 15 bathroom, I was hearing myself saying run, run, pull up your 16 pants and run, and I could barely grab my underwear and I just 17 couldn't move, and he came back out and he grabbed both of my 18 ankles and he pulled me so hard down by my ankles that I flew 19 back. 20 something with my pants to get them out of his way, and then he 21 put his mouth on my vagina and he started to lick my vagina and 22 then he stopped and he said something, I don't know what he 23 said. 24 25 And as he was down there, he pushed my legs apart and did And then he came at me to get on top of me and then he penetrated me. Page 2289 1 2 3 4 5 Q You've got to explain to the jury what that is when you say penetrated? A He put his penis inside of me and he started to just like try to, you know, hump and have sex with me. And I remember he had attacked me so fast. Almost 6 every other time he would get fully naked and this time he still 7 had a tee-shirt on, and I couldn't breathe. 8 me, and I just remember looking at the TV and staring at it and 9 then it went black, and I don't know if I past out or if it was He was so heavy on 10 too overwhelming, and then the next thing I come to is I'm on my 11 knees and he is shoving his penis in my mouth, and he has an 12 orgasm, and that was the first time I ever experienced some sort 13 of fluid that came out of his penis and, and it choked me, and 14 it was so bad, and when he was done he went and laid on the bed 15 as I crawled to the bathroom on my hands and knees to the sink 16 to try to spit out the taste in my mouth, and I was scared to 17 look at myself, but I did, and I saw that I had been crying long 18 enough that my eyes were red and swollen at that point. 19 But I don't know when I started to cry, and then he 20 called me and I was scared when I heard my name, and he wanted 21 me to come to him. 22 So I went out there after compressing my eyes with some 23 cold water to try to hide the fact I had been crying, because I 24 was scared if he saw I was upset he would get more mad and then 25 he attempted to reframe what happened like he had done before to Page 2290 1 me -- 2 MS. ROTUNNO: 3 THE COURT: 4 A Objection, Judge. Overruled. And he said thanks, like okay, now you can go have your 5 relationship and what you can do is you can bring me other 6 girls. 7 then he apologized to me. 8 9 You can be my, what do they call it, a wing girl, and He said I'm so sorry about earlier. attractive, I couldn't resist. I just find you so And then he would want me to 10 answer him that we are friends right, yes, we are friends, yeah 11 we are friends I said. 12 So much was going through my mind, and when I felt like 13 he was okay with letting me leave after he finished talking to 14 me, I left. 15 Q Ms. Mann, are you okay? After that incident at the 16 Peninsular, Ms. Mann, did you ever express at any point to the 17 defendant that you were upset or not interested in being with 18 him? 19 20 21 22 A He did a couple of things that I was trying to express that were upsetting me. Q Did you ever voice what was going on in your head in any writings or e-mails to him? 23 A 24 hurting. 25 Q Yeah, I think I sent him an e-mail, my heart was Did you try to dissuade him from seeing you in a sexual Page 2291 1 manner? 2 MS. ROTUNNO: 3 THE COURT: 4 Q MS. ROTUNNO: 6 THE COURT: 8 9 10 A Rephrase that please. Did you try to avoid sexual matters with him? 5 7 Objection. Objection, leading. Overruled. Yeah, I wanted to have my relationship and not engage with him in any way that would be disrespectful to my boyfriend. Q Do you just, did you ever come out and say to the defendant you raped me or I hate you or anything like that? 11 A I was too scared to confront him that directly. 12 Q Over the next months and over the next two years, that 13 being 2014, 15 and 16, did you see the defendant less than in 14 that first year? 15 A Very minimally. 16 Q Why was it minimally, why wasn't it the same as it was 17 18 prior to this? A Well, part of that is because I worked at the hotel 19 still for a short period of time, and I don't really remember 20 the encounters picking up until about 2016. 21 22 Q Ms. Mann, would there be weeks and months where you did not have any interaction with the defendant? 23 A Yeah. 24 Q Was it less and less interactions as those few years 25 went by? Page 2292 1 A Yeah. 2 Q At one point in time, did you reach out to the 3 defendant for some help? 4 A There is two times I can think of. 5 Q Okay. 6 A One was the job that I got requested I get a membership 7 at the Soho House which is an exclusive, I think there is one 8 here in New York. 9 there, and my boss wanted one or referral. You have to have an invitation to get in And the only person 10 I knew that could make that happen was Harvey, and I didn't feel 11 I had to engage with him to see that, but I did kind of call 12 that I needed it for my work. 13 Q When was the next time or the other time? 14 A The second time my father's car I inherited and I could 15 not afford hardly living, and I had a lot of tickets and I think 16 my tabs might have been expired. 17 pulled over for and I was going to lose my car, and I couldn't 18 lose my car. There is something I got 19 Q Were you at times living in your car? 20 A I was. 21 22 MS. ROTUNNO: A I know I could survive if I have a car. 23 MS. ROTUNNO: 24 THE COURT: 25 Q Objection. Objection. Sustained. Were you at times living in your car? Page 2293 1 A Yes. 2 THE COURT: 3 MR. CHERONIS: 4 MS. ILLUZZI: 5 8 Objection. I thought that was other questions, sorry. 6 7 Sustained. Q What kind of help did you reach out to the defendant A I was kind of vague at first. for? I didn't really know how 9 to ask for really what I needed, which was I was not even sure. 10 But I kind of talked to Barbara a lot about the exact situation 11 which had to do something with the Department of Motor Vehicles 12 and I cannot remember if I had a bunch of parking tickets at 13 that time, it was kind of an overwhelming situation, I was not 14 sure how to fix. 15 16 17 Q What did you want the defendant to do or what did you ask Barbara or the defendant to do for you? A Just I think to just like help me somehow, because 18 Harvey always said to me if you ever need anything, that he 19 would help me, and I never wanted to ask him for help, but I was 20 really desperate this time. 21 22 Q In 2015 after the summer of 2015 or around the summer, did the defendant in any way change his demeanor towards you? 23 A Very significantly in 2016. 24 Q Without telling us, let me ask you a leading question, 25 okay, did you see the defendant again in 2016? Page 2294 1 A Yes. 2 Q And did something sexual happen at that time? 3 A Yes. 4 Q Was it coerced in any way? 5 A No. 6 Q Fast forwarding to the fall of 2017. Did you decide to 7 go to law enforcement with regards to what happened with you and 8 the defendant? 9 A I did. 10 Q And did you go to the media or did you go to law 11 enforcement? 12 MR. CHERONIS: 13 THE COURT: 14 A Objection. Overruled. I went to the, I'm not sure which came first, police or 15 the District Attorney or the difference between any of that, but 16 I started the law stuff. 17 18 Q Did something happen in the fall of 2017 that prompted you to go to the police; just yes or no? 19 A Yes. 20 Q Did there come a point in time you met with prosecutors 21 and detectives from the NYPD? 22 A Yes. 23 Q And also eventually investigators from the District 24 25 Attorney's Office? A Yes. Page 2295 1 Q And was that here in New York as well as Los Angeles? 2 A Yes. 3 Q At some point, were you asked whether or not you still 4 had your whatever cell phones that you had when you were 5 communicating with Harvey Weinstein? 6 A Yes. 7 Q And were you asked to produce those cell phones? 8 A Yeah, I think I'm the one that mentioned them. 9 Q Did something about giving your cell phones over make 10 you feel somewhat uncomfortable? 11 A Yes. 12 Q What was that, what made you feel uncomfortable? 13 A Well, I have naked photos of myself on there. 14 Q Did you have a conversation with a police detective 15 regarding your discomfort with just handing your phones over? 16 A Yes. 17 Q And was that Nick DiGaudio? 18 A Yes. 19 Q And when you expressed this to Detective DiGaudio, what 20 if anything did he say to you? 21 A He was really wanting the phones, and he said if those 22 pictures or anything like that makes you uncomfortable, we can 23 just delete them and we won't tell Joan. 24 25 Q to? When he said we won't tell Joan, who is that referring Page 2296 1 A You. 2 Q Upon hearing that, what did you do? 3 A Hired a lawyer. 4 Q Did you delete any photographs from your phones? 5 A Absolutely not. 6 Q And did you then after seeing a lawyer, hand them to 8 A I gave them to my lawyer who gave them to you. 9 Q Had you ever seen or spoken to that detective again? 10 A No. 11 Q I'm going to show you some photographs and exhibits. 7 us? 12 I'm going to first show you two photographs, you have to look at 13 them by yourself; People's Exhibit 107 and People's Exhibit 14 Number Nine. 15 16 17 ( Handed to witness). Q Do you recognize what is depicted in those two photographs? 18 A Yes. 19 Q Do they fairly and accurately represent the Doubletree 20 that you were with Tommy Richards in March of 2013? 21 A Yes. 22 Q Is that fairly and accurately the way that hotel looked 23 24 25 when the defendant brought you to a room there? A It looks like it. MS. ILLUZZI: At this time I ask it be admitted as Page 2297 1 People's Exhibit Number Eight-- 2 THE COURT: 3 MS. ROTUNNO: 4 THE COURT: 5 6 Q 107 and Nine. No objection. Those are received into evidence. Now, Ms. Mann, you had several cell phones over the few years that you interacted with the defendant, is that correct? 7 A That is correct. 8 Q When you changed your cell phone number, did you inform 9 the defendant of the change in the number? 10 A One time. 11 Q Did you also inform other people in his office when you 12 13 had a new cell phone? A I only remember one e-mail where I sent my number out, 14 I don't remember telling multiple people. 15 MS. ILLUZZI: 16 I'm going to show you, show it to counsel. 17 Q Do you recall all your cell phone numbers? 18 A No. 19 Q Ms. Mann, I'm going to show you a few e-mails and they 20 are marked, your Honor, People's Exhibit Number 151 to 155. 21 ( Handed to witness). 22 Q Take your time and look at those please. 23 A Okay. 24 Q Do those e-mails contain the cell phone numbers that 25 you had at various times during the period in time you were in Page 2298 1 2 contact with the defendant? A The only one that I really don't remember having is 3 there is one on here, I'm not saying it is not mine, I don't 4 remember that number. 5 6 Q But, did you, which one, what are the first three numbers of the one you do not remember? 7 A The area code 217. 8 Q What are the next three numbers? 9 A 752. 10 Q But, if you put them in this e-mail, were they cell 11 phones that you were using at the time and then giving that 12 information to the defendant or his office? 13 A Yeah, most likely, of course. 14 MS. ILLUZZI: For the purpose of those numbers, we 15 ask those exhibits be put into evidence as People's 151 16 through 155. 17 THE COURT: 18 MS. ROTUNNO: 19 THE COURT: Any objection to that? No. Those will be received into evidence. 20 Q What was the last time that you saw or spoke to the 21 defendant? 22 A 23 read. 24 Q Say it again? 25 A The last time I ever engaged with him was that e-mail I The last time I engaged with him was that e-mail I Page 2299 1 read. 2 Q Which e-mail, I'll give you back this pile and tell us 3 which e-mail was the last time you ever contacted him, tell us 4 the number on the back? 5 A 155. 6 Q Ms. Mann, do you know, are you done? 7 A Sorry, I thought this included something that I'm not 8 seeing on here. 9 period of time. I don't recall anything after around this 10 Q When was that? 11 A February 2017. 12 Q Ms. Mann, I'm going to ask you if you have known or 13 know or ever spoke to the following people: 14 name Annabella Sciorra? Do you know a woman 15 A No. 16 Q Miriam Haley? 17 A No. 18 Q Tarale Wulff? 19 A No. 20 Q Lauren Young? 21 A No. 22 Q Dawn Dunning? 23 A No. 24 Q When you decided to go to law enforcement about this 25 case, did you think about or explore whether or not it would be Page 2300 1 2 possible for you to sue the defendant for money? A I did not understand how law works. I discovered in 3 the process of talking to a lawyer the difference of civil 4 versus criminal. 5 criminal. 6 Q 7 I did not want to do civil, I wanted to do And from the time you went to law enforcement up until now, did you ever ask the defendant for any money? 8 A No. 9 Q Have you filed any lawsuits? 10 A No. 11 Q Are you planning on filing any lawsuits? 12 A No. 13 Q Ms. Mann, you had indicated to the jury that you were 14 at times trying to sort of put off or ignore communications from 15 the defendant, is that correct? 16 A Yes. 17 Q And did you, on at least one of your phones, have 18 voicemails both from the defendant and Barbara Schneeweiss 19 trying to get in touch with you? 20 A Yes. 21 Q Did you have an opportunity to listen to a C D in my 22 office with regards to that? 23 A Yes. 24 Q I'm going to show you what has been marked as People's 25 Exhibit Number 156 for identification. Page 2301 1 2 Showing you People's Number 157, do you recognize that C D, sorry 156, do you recognize that C D? 3 A I recognize my signature. 4 Q Did you put your signature there after listening to 5 that C D in my office? 6 A Yes I did. 7 Q On that C D, does that have messages by the defendant 8 9 to you and messages from Barbara Schneeweiss to you? A Yes. 10 11 MS. ILLUZZI: it into evidence as People's 156. 12 THE COURT: 13 MS. ROTUNNO: 14 THE COURT: 15 MS. ILLUZZI: 16 THE COURT: 17 MS. ILLUZZI: 18 THE COURT: 19 MS. ROTUNNO: 20 approach on an issue? 21 22 I'll not publish it now, but enter THE COURT: Any objection? No objection. Okay, 156 is received into evidence. That is it at this time, thank you. Excuse me? That is it at this time, thank you. Okay, Ms. Rotunno. Can we take a quick break and Step up please, and can you step down. 23 ( Conversation held off the record). 24 THE COURT: 25 All right, why don't we have the witness stay there for a moment. Page 2302 1 We will take a quick break jurors. Please remain 2 mindful of all my prior admonitions and instructions during 3 this or any other recess. 4 minutes, thank you. See you back here in five 5 ( Jury exit courtroom). 6 THE COURT: 7 Why don't we have the witness go into the witness room for a few minutes. 8 All right, you wanted, do we need Ms. Rotunno? 9 MR. CHERONIS: I think, your Honor, the issue we 10 have is Ms. Mann testified on direct examination to a 11 consensual sexual encounter with Mr. Weinstein. 12 Ms. Illuzzi carefully led her not to say anything 13 about it. 14 first time that was disclosed to us. 15 The problem that we have is that this is the Ms. Illuzzi said well, she told us about it but we 16 did not take notes. 17 Brady material, material that an individual who is claiming 18 that Harvey Weinstein sexually assaulted her admits to 19 having consensual sex with him. 20 I think that might also be potentially What we are requesting is a proffer from the State 21 as to the details of that conversation. 22 State as to what occurred, when it occurred and where, and 23 we are asking for that before we begin our cross 24 examination. 25 THE COURT: Fair enough. Proffer from the Page 2303 1 MS. ILLUZZI: Judge, the defense knew and 2 certainly so did we that there were several consensual 3 encounters between the defendant and Ms. Mann. 4 They have all of her e-mails, she is even 5 e-mailing him up until February of 2017 that she is seeing 6 him and asking him for help on things. 7 And at some point we asked when was the last time, 8 it was a series of times, and she said October 2016. 9 to us it was not extraordinarily significant because she 10 And had other sexual, consensual sexual encounters. 11 MR. CHERONIS: So, what we are asking for now, 12 since Ms. Illuzzi just told the Court that she's had 13 conversations with Ms. Mann about several sexual encounters 14 that were consensual, the District Attorney memorialize and 15 turn that over. 16 We cannot guess this witness was going to say 17 that. 18 do not have are any conversations, any proffers, anything 19 that supports what Ms. Illuzzi just said. 20 We have e-mails, we have a lot of things. What we We are glad she said it now, but if there are a 21 number of sexual encounters consensual that Ms. Mann told 22 the District Attorney about, we should have those. 23 24 25 The State should not have the decision as to whether to take notes for Brady material. They keep talking about we didn't take notes. Page 2304 1 Sometimes you got to put pen to paper. 2 to write things down. 3 got finished crying for an hour and a half talking about 4 what a monster Harvey Weinstein was, told them on numerous 5 occasions there were consensual sexual encounters, that 6 triggers their obligations under Brady. 7 MS. ILLUZZI: Sometimes you got When a complaining witness who just They knew this all along. In fact, 8 if you recall, they went through great lengths talking 9 about the fact she said I don't just want to be a booty 10 call. 11 at some point in time she felt that she was in a 12 relationship with him and although she didn't want sex, she 13 was not forced to have sex. 14 15 16 They knew that exactly what she testified to, that MR. CHERONIS: It is not what she thinks we know, it is what they know that triggers Brady. She cannot sit there and say Mr. Cheronis knows 17 this, or Mr. Weinstein knows that. 18 what they know, and they just told you they have 19 information from Ms. Mann there were numerous consensual 20 sexual relationships, and the fact a prosecutor in a 21 criminal courtroom can stand up and say that is not Brady 22 material when a case is surrounding the issue of consent, 23 boggles my mind. 24 25 Brady is triggered by And for us to now be in a position we have to get up and cross examine Jessica Mann and ask her questions Page 2305 1 about this when the State has withheld information 2 regarding consensual sexual relationships between Mr. 3 Weinstein and Ms. Mann, that she has told the State about, 4 that is a problem, that is a problem in any courtroom, in 5 any state, in any jurisdiction. 6 MS. ILLUZZI: 7 have sex with Harvey Weinstein. 8 contact with Mr. Weinstein that was not coercive. 9 knew that, that was clear in everything we handed over to 10 She said she had sexual Everyone them. 11 12 Judge, she never said she wanted to MR. CHERONIS: What part of the Government's obligations under Brady don't we understand here. 13 When a witness says I had a relationship with Mr. 14 Weinstein and describes sexual encounters they are claiming 15 are not forced, how does that not trigger a duty to turn 16 that over to the defense, and we want that before we begin 17 our cross examination of Jessica Mann. 18 19 We are entitle to that and asking for a mistrial based on yet another discovery Brady violation. 20 MS. ILLUZZI: Judge, it was exactly what this 21 witness testified to, okay. Everyone knew she had other 22 sexual encounters with the defendant that were not forced, 23 okay. 24 We are saying consensual, but the point is it was 25 not forced, and she was in this relationship with him over Page 2306 1 a number, over a period of time. 2 that, but all their parties indicated that, their opening 3 statement indicated that, and they have been touting these 4 e-mails back and forth regarding that. 5 Not only did they know In fact, the e-mails were saying look, she does 6 not want to be with him that way. 7 uncomfortable when he's changing, she does not just want to 8 be a booty call, they knew all this. 9 MR. CHERONIS: She does not, she feels Your Honor, it is almost like it is 10 bizarreable. 11 information, it does not matter what she thinks we know. 12 They just said on the record Ms. Mann talked to 13 them about specific sexual encounters with Mr. Weinstein 14 not forced. 15 can they not disclose that whether they think we know 16 something or not. 17 The end of the day when the State has this How can they not have to turn that over. How Those are specifics. MS. ILLUZZI: Grand jury minutes on bates stamp 18 11234 in the grand jury. 19 few weeks, did you let him do sexual things to you. 20 so I decided okay, I'll have a relationship and they -- 21 there were consensual times I did see him after that. 22 MR. CHERONIS: When you saw him over the next Yeah, When they have specific 23 descriptions, your Honor, they just got into something in 24 2016, this is not -- this should not be an issue, they 25 should turn this over. Page 2307 1 When they talk to somebody and get specifics as we 2 know they did because Ms. Illuzzi led her, she has a 3 specific situation where she had consensual sexual 4 relationships, whether she wanted it or not with Mr. 5 Weinstein, they did not divulge the specifics of that, and 6 apparently, according to Ms. Illuzzi, there were other 7 instances she specifically divulged to them. 8 9 MS. ROTUNNO: To that, grand jury is misleading. That portion of the grand jury speaks between the time she 10 met Mr. Weinstein and Talita was with her at the Montage 11 until she came to New York. 12 at the Peninsular, that Ms. Mann testified to in around 13 2014. 14 THE COURT: 15 prepared to start your cross? 16 MS. ROTUNNO: 17 Okay, so it is three o'clock, are you No Judge, I want all that information. 18 19 That was not past the incident THE COURT: have? Okay, what information do they not Can you walk over there and tell them? 20 MR. ILLUZZI: This is what I have. 21 MS. ROTUNNO: I want it in writing. 22 MS. ILLUZZI: She does not have a specific date, 23 she knows in 2016 she had one more. 24 MS. ROTUNNO: 25 MR. CHERONIS: Ask her where, the circumstances. What we -- Page 2308 1 MS. ILLUZZI: 2 MR. CHERONIS: I'm happy to put her on the stand. The State should tender us a 3 proffer of this information. Ms. Illuzzi also said 4 although she may be backtracking, there were other 5 situations when her and Mr. Weinstein had sex she did not 6 want to have but consensual. 7 MS. ILLUZZI: This is exactly in the grand jury. 8 MR. CHERONIS: This is a different time frame. 9 MS. ILLUZZI: 10 11 12 13 That time frame. MR. CHERONIS: You got into specifics with your MS. ILLUZZI: Okay, I don't know what else they witness. are asking for, Judge. 14 MS. ROTUNNO: I'll tell you. 15 MS. ILLUZZI: Everyone knew. 16 THE COURT: 17 MS. ROTUNNO: Hold on. I'll tell you, anything after the 18 Peninsular and allegedly 2014 after she tells about her 19 boyfriend and relationships until the last time she speaks 20 to him, that is what I'm asking. 21 MR. CHERONIS: We want everytime she said she had 22 consensual sex with Mr. Weinstein. If she has that 23 information we want it and want the State to tender to us 24 the way they are supposed to. 25 the rules, and those are the rules. All we want is to play by Page 2309 1 THE COURT: I'll recall Jessica Mann. Do you 2 want me to read the Molineaux regarding her prior and after 3 portion we discussed in the morning? 4 5 MR. CHERONIS: purpose? 6 7 THE COURT: 10 11 I'm going to bring the jury back and ask Ms. Rotunno to start her cross examination. 8 9 You will call her for what MR. CHERONIS: My question is based on the argument we made in our request, what is the ruling as to that? THE COURT: I'm telling the District Attorney to 12 discuss this with you at the end of business today and 13 right up until Monday morning. 14 MR. CHERONIS: 15 16 17 18 19 20 21 22 23 24 25 We are asking respectfully before we start our cross examination we get this information. THE COURT: Okay, I understand that, and based upon what Ms. Illuzzi said thus far, that is denied. (Continued on next page) Page 2310 1 2 3 (Continued from the previous page.) MR. CHERONIS: We are asking for a mistrial based upon what we believe to be another Brady violation. 4 THE COURT: 5 Do you want me to read this portion when the jury 6 Understood. comes back? 7 MS. ROTUNNO: 8 THE COURT: 9 COURT OFFICER: 10 Yes. All right, jury. Jury entering. (The jury entered the courtroom and the 11 following occurred:) 12 THE CLERK: 13 14 15 Denied. Case on trial continued all parties are present. Do the parties stipulate that the Jury is present and properly seated, The People? 16 THE COURT: People. 17 MS. ILLUZZI: 18 THE CLERK: 19 MS. ROTUNNO: 20 THE COURT: Yes. The defense? Yes. All right, Jurors, before we start 21 cross-examination having finished the People's direct, let 22 me give you the first of a number of legal instructions 23 that I am going to be giving you throughout and then you 24 will hear something along these lines at the time of my 25 final instructions at the very end of the case. And you Page 2311 1 may hear me repeat variations of this numerous times from 2 here on out. 3 As to Jessica Mann, you have heard evidence from 4 Jessica Mann that the defendant had interactions of a 5 sexual nature with Ms. Mann prior to and after the crimes 6 charged in this case. 7 This evidence regarding these interactions was 8 not offered and must not be considered for the purpose of 9 proving that the defendant had the propensity or the 10 predisposition to commit the crimes regarding Ms. Mann in 11 this case. 12 It was offered as evidence for your consideration 13 on the question of whether the defendant intended to 14 forcibly compel Ms. Mann to engage in the sexual acts and 15 whether Ms. Mann consented to those sexual acts. 16 17 You have also heard evidence from Ms. Mann regarding the defendant's behavior towards others. 18 Again, this evidence was not offered and must not 19 be considered for the purpose of proving that the defendant 20 had a propensity to commit the crimes charged in this case. 21 It was offered for the limited purpose of 22 explaining Ms. Mann's delay in reporting the sexual 23 assaults and to show her state of mind. 24 25 If you find this evidence believable, you may consider it for these limited purposes and for no other. Page 2312 1 Okay. 2 MS. ROTUNNO: 3 Recall the witness. Judge, if we can approach with one quick issue? 4 THE COURT: 5 Okay. (Discussion held at the bench, off the 6 record.) 7 (The discussion off the record concluded, 8 and the following occurred in open court:) 9 SERGEANT: 10 (Witness entered the courtroom.) 11 12 Witness entering. THE COURT: Okay. Ms. Mann, I remind you that you are still under oath and the same rules apply. 13 And Ms. Rotunno. 14 MS. ROTUNNO: 15 CROSS-EXAMINATION 16 BY MS. ROTUNNO: 17 MS. ROTUNNO: Thank you, Your Honor. Could I have this up, so I have 18 some where to put my stuff. 19 Q Good afternoon, Ms. Mann. 20 A Hi. 21 Q You spent the entire morning and part of the afternoon Good afternoon. 22 speaking to the Ladies and Gentlemen of the Jury about horrific 23 instances that you encountered with Mr. Weinstein, is that 24 correct? 25 A Yes. Page 2313 1 2 Q And you spoke about an encounter that involved a three-some, isn't that right? 3 A Yes. 4 Q And you told the Ladies and Gentlemen of the Jury that 5 that three-some was so horrifying to you because it was 6 something that you didn't want to do, correct? 7 A Correct. 8 Q And that you ended up in the bathroom curled up in a 9 10 ball and that the other Italian woman came in and saw you in the bathroom, correct? 11 A That is true. 12 Q And you said that you went in the bathroom because it 13 was something that you didn't want to do, correct? 14 A Yes. 15 Q And her name Emanuela Postacchini, is that correct? 16 A I don't know her last name. 17 Q Emanuela? 18 A Yes. 19 Q Ms. Mann, I am going to show you what I am marking as 20 Defendant W, I believe, and what I am showing you is a note 21 from your phone that was recovered and given to us by the 22 District Attorney. 23 Would you look at that, please? 24 A I know it. 25 Q And you know that note, right? Page 2314 1 A Yes. 2 Q And you know it because you wrote it, correct? 3 A That is correct. 4 Q And if we can pull that up. I would like you to read 5 the note from your phone to the Ladies and Gentlemen of the 6 Jury. 7 MS. ILLUZZI: 8 THE COURT: 9 Can I see that, please? 10 Objection. Can you step up? (Discussion held at the bench, off the 11 record.) 12 (The discussion off the record concluded, 13 and the following occurred in open court:) 14 THE COURT: 15 16 Q Okay. And Ms. Mann, you wrote that note about the event that you testified here today, correct? 17 A Incorrect. 18 Q Oh, what's that note about? 19 A What is this? 20 Q Yes. 21 A This is from -- well, I started a blog called, The 22 Bitch and I -- it's not online anymore. 23 anonymous name and I would try to write exaggerated comedy 24 through an anonymous name. 25 It was -- had an Other titles in my blog have included His Mob Wife, Page 2315 1 The Brazilian Wax from Hell. 2 from real life and expound upon and create a premise to create 3 humor through. 4 Experiences that I could take And this was one of the blogs that I thought was going 5 to be funny because I thought ever guy wants a girl to have a 6 three-some and I was incapable. 7 times to have a three-some after the experience with Harvey. 8 And there. 9 Q Let me ask you -- 10 A Can I finish? 11 12 13 And I had tried two other Can I not finish? THE COURT: Q Hold on. Let's wait for a question. So tell me when the two other three-somes that you had were after Harvey? 14 MS. ILLUZZI: Objection. That's not relevant. 15 MS. ROTUNNO: Judge, she just opened the door. 16 THE COURT: 17 THE WITNESS: Overruled. I don't remember when they were. 18 remember who. 19 Q Who were they? 20 A Friends. 21 Q And they obviously were before you wrote that note, 22 correct? 23 A Incorrect. 24 Q So they happened after you wrote that note? 25 A Oh, no, sorry. This -- when I -- I wrote this in I Page 2316 1 2014 -- 2013 was when I -- before I was -- when I was dating 2 like a few people in between and I had an official relationship 3 with Eddie. 4 Q Well, you were also seeing Harvey in 2013, correct? 5 A I had a dynamic with him. 6 Q You were seeing Harvey and then you started seeing 7 Eddie and you were having three-somes with other people while 8 you were will seeing Eddie? 9 A Yes. 10 Q Correct? 11 A Incorrect. 12 Q You talked about how manipulated you felt by Mr. 13 Weinstein, correct? 14 A Yes. 15 Q But, Ms. Mann, you were manipulating Mr. Weinstein to 16 get invited to fancy parties, correct? 17 A I was not manipulating him but I was invited. 18 Q You were using him? 19 A I was not using him. 20 Q So you claim that you had no idea that Mr. Weinstein 21 wanted to have a sexual relationship with you when you first 22 met him, correct? 23 A Yes. 24 Q And you claim that when you met him at the party for 25 the Hollywood producer in Hollywood Hills -- and you met him at Page 2317 1 the party in the Hollywood Hills, correct? 2 A Yes. 3 Q And he asked you for your phone number, correct? 4 A Yes, he did. 5 Q And he called you, correct? 6 A I don't recall if he called me. 7 Q Well -- and you met at a book store, correct? 8 A He invited me and I met him there. 9 Q And he bought you books, correct? 10 A Yes. 11 Q Normally, at a business meeting someone is not buying 12 you books -- 13 A They were all relevant to my career. 14 Q He brought them for you? 15 A They were relevant to my career. 16 Q He bought them for you? 17 A Okay. 18 Q Correct? 19 A Yes. 20 Q And then he wanted to see you again, correct? 21 A Yes. 22 Q And then the third time you met him for dinner at the 23 24 25 Peninsula Hotel, correct? A Well, he wanted to see me again for industry related stuff and then after that industry related meeting he did want Page 2318 1 to see me again. 2 Q Well, he took you upstairs to his room at the 3 Peninsula? 4 A By the third time I met him. 5 Q Yes. 6 A Yes. 7 Q When you went up to his room, in your words, you told 8 the Ladies and Gentlemen of the Jury that the first thing he 9 did was walking around the room and take off his shirt, 10 correct? 11 A I didn't actually see him. I saw him getting 12 comfortable and undressing but at some point when he went into 13 the room he took off his shirt. 14 15 Q And at that point, did you know it wasn't a business meeting any more? 16 A I knew it was weird. 17 Q And it wasn't a business meeting anymore? 18 A Well, I should hope not. 19 Q Correct. 20 And at that point he said, you know what, I would like to give you a massage? 21 A He did ask me. 22 Q That's never been a part of any business meeting I was 23 a part of. 24 A 25 massage. His shirt was not off when he first asked me for a Page 2319 1 Q And you said, no? 2 A Of course I said, no. 3 Q And you said no because a massage is not a part of any 4 business meeting you had ever been a part of, correct? 5 A No. 6 Q And then he took his shirt off, right? 7 A I did not watch him take his shirt off but when he 8 called me from the room his shirt was off. 9 Q And he asked you to give him a massage? 10 A He was negotiating me from with the room when I was 11 out there, yes. 12 Q Again, not part of a normal business meeting, correct? 13 A No, that's not. 14 Q And when he was laying on the bed with no shirt on, 15 16 17 18 19 you didn't walk out of that hotel room? A I didn't want to offend him and I wanted to deescalate and end on a good term. Q Let me ask you this, you didn't want to offend him because you wanted what he had to offer, isn't that right? 20 A I think he had a lot of power. 21 Q And you liked that power? 22 A And it was in my best interest to not try to hurt 23 myself but I didn't want to massage him. 24 Q Because you wanted to use the power he had, correct? 25 A Use, no. I wanted it to be professional. Page 2320 1 2 Q You wanted to benefit from the power he had whether it was professional or otherwise, correct? 3 A I wanted to benefit from my agents. I wanted to 4 benefit from my managers but they weren't putting me in those 5 types of situations either. 6 7 Q room and never see Harvey Weinstein again, isn't that right? 8 9 A That could have been death to any attempt of a career I would have had. 10 Q 11 12 And you had a choice to walk right out of that hotel Let's talk about that career. Let's talk about that. You told the Ladies and Gentlemen of the Jury that you were an actress when you met Harvey Weinstein, correct? 13 A I was. 14 Q What acting credits did you have when you met Harvey 15 Weinstein? 16 A 17 show. 18 Q 19 20 I had done Cavemen. I believe I had done a Disney There is stuff not listed on my IMDb that I had done. Let's explain to the Jury what IMDb is. Tell the Ladies and Gentlemen of the Jury what that is? 21 A I don't know what it stands for. 22 Q You are an actress and you don't know what IMDb stands 23 for? 24 MS. ILLUZZI: 25 THE COURT: Objection. Sustained. It is -- Page 2321 1 Q 2 3 4 5 6 7 8 9 10 11 Tell them what it is. You don't know what it stands for, tell them what it is. A It's just another platform, like several that are out there, that you can list your credits on. Q And would it be fair to say that you have very few credits listed, correct? A As far as what I could list on there but my actual resume had more credits. Q Because what you could list on there would actually make someone a legitimate actor or actress, correct? 12 MS. ILLUZZI: 13 THE COURT: 14 THE WITNESS: Objection. Overruled. As far as I know IMDb is not like 15 necessarily regulated by SAG or determined by SAG. I think 16 it's just a -- some person whoever sat that up. 17 Q Well, you can add things to your on IMDb, correct? 18 A I don't recall. There is a listing process to it. I 19 don't know if I -- if it has to be verified or how that works. 20 But they put things in place, I believe, protect that. 21 Q You told the Ladies and Gentlemen of the Jury that you 22 were a serious actor, you were really trying to pursue acting 23 when you came to California, right? 24 A Yes. 25 Q And you had not acted anywhere else before coming to Page 2322 1 Los Angeles other than -- 2 A Incorrect. 3 Q -- other than small theater groups and a traveling 4 theater? 5 A I was working in a minor market in Arizona before Los 6 Angeles. I was on a sketch show that was being produced for 7 TV. 8 Q Did it ever make it to TV? 9 A I am sorry. 10 Q Did it after ever make it to TV? 11 A I don't think so. I booked a Go Daddy commercial, but 12 they ended up canceling the scene with Danika (sic) but they 13 still had to pay me for it. 14 15 Q So, again, your credits were quite limited at the time you moved to California, correct? 16 A Sure. 17 Q And when you met Mr. Weinstein at The Peninsula, you 18 told the Ladies and Gentlemen of this Jury that you put lotion 19 in your hand and put it on his back, correct? 20 A Yes. 21 Q While he is laying on the bed? 22 A Yes. 23 Q And at some point after that you leave the hotel, 24 correct? 25 A Yes. Page 2323 1 Q And you told them that before you left the hotel, what 2 your impression was of his back and how you felt about it, 3 correct? 4 A Yes. 5 Q And knowing that, Ms. Mann, you still decided to see 6 him again, correct? 7 A Yes. 8 Q Because you decided that you could overlook what you 9 found grotesque about his back and grotesque about his 10 appearance because you wanted what Mr. Weinstein could offer 11 you? 12 MS. ILLUZZI: 13 THE COURT: Objection. Overruled. 14 Q Correct? 15 A I think you are categorizing that wrong. 16 Q Well, how about this, Mr. Weinstein had talked to you 17 about your career, correct? 18 A Yes. 19 Q And if Mr. Weinstein hadn't talk to you about your 20 career or acting you wouldn't have gone back to see him, isn't 21 that true? 22 A 23 Are you saying if he had just straight up asked me for a date? 24 Q Yes. 25 A I would have said, no. Page 2324 1 2 Q Correct. And you would have said no because you wanted what he had to offer you, right? 3 A So there is stages to that. 4 Q Ms. Mann -- Ms. Mann. 5 MS. ILLUZZI: 6 she be able to answer. 7 8 9 THE COURT: Q I would ask that Overruled. Ms. Mann, you were using Harvey Weinstein, isn't that right? 10 MS. ILLUZZI: 11 THE COURT: 12 Objection, Judge. Objection. Overruled. I meant sustained. No, you may not answer the question in any way you want. 13 Listen to the questions and answer them and if 14 Ms. Illuzzi objects I will either sustain or overrule the 15 objection. 16 17 THE WITNESS: Okay. BY MS. ROTUNNO: 18 Q You were lying to Harvey Weinstein, right? 19 A No. 20 Q Well, you told the Ladies and Gentlemen of this Jury 21 that you never wanted to have sex with Mr. Weinstein, right? 22 A What was that? 23 Q You never wanted to have sex with Mr. Weinstein. 24 A No, I did not. 25 Q Even when you say it was consensual, correct? Page 2325 1 A Correct. 2 Q So you were lying to him every single time you engaged 3 in sexual activity with him that you didn't want to have? 4 A There were times where I did pretend to role play with 6 Q When you say, pretend to role play, what do you mean 7 by that? 8 A 5 9 him? Well, I could see that his stuff from what I thought initially didn't work, when what appeared to be an orgasm that 10 he would have, nothing would come out and I sort of thought 11 that it was his way of reenacting and feeling like he could 12 have sex if we pretended. 13 Q So you pitied him? 14 A I do. 15 Q When you left The Peninsula, you went to Weinstein 16 I have compassion for him. Company events, correct? 17 A When I left The Peninsula? 18 Q Yes. 19 20 21 MS. ILLUZZI: Q Objection. We are now talking about the first time you talked about putting lotion on Mr. Weinstein's back. 22 You went to many Weinstein Company events after that? 23 A I think it was just a couple, right, at that period. 24 Q Well, but over the course from 2013 to 2017, that you 25 talked to Mr. Weinstein you went to multiple events over the Page 2326 1 2 3 years, would that be fair to say? A Like I think I went to all of the Oscar reading parties, except for maybe, one or two. 4 Q But you like the Oscar parties, correct? 5 A Everyone likes the Oscar parties. 6 Q That's the pinnacle of where you want to be in 7 Hollywood, correct? 8 A Every actress wants to win an Oscar. 9 Q In your words, in different times, you called him the 10 kingpin of Hollywood, right? 11 A I have called him that . 12 Q And you liked being with the kingpin of Hollywood, 13 correct? 14 A Incorrect. 15 Q Well, Ms. Mann, you knew he was married the day you 16 met him, correct? 17 A Um, the day I met him, no. 18 Q Well, how soon after you met Mr. Weinstein did you 19 20 21 learn he was married? A One of my girlfriend's sent me something about him being married. 22 Q And that was on February 8th of 2013, correct? 23 A I don't know. 24 Q Well, did your friend send an email with a link to 25 People magazine talking about Harvey Weinstein and Georgina Page 2327 1 Chapman expecting another baby? 2 A That sounds right. 3 Q You received that email on February 8, 2013, and you 4 responded, haha, haha, I'm so going to ask him? 5 A Yes. 6 Q So you knew he was married, right? 7 A At that point. 8 Q So that was very soon after you met him? 9 A Uh-hum. 10 Q And did you call him up and ask him about that? 11 A I did not. 12 Q The next time you saw him, did you say, hey, do you 13 14 Not before. If that's in the timeline, yes. have a wife? A Not until I -- I officially assumed to start a 15 relationship, did I have a conversation about the dynamic and 16 he told me sort of their rules about that. 17 18 Q And your religious background in Washington, you thought it was a good idea to use the married guy? 19 A Well, I left my religion. 20 Q So you don't follow any of those beliefs any more, 21 22 correct? A I am spiritual. I didn't not know my identity when I 23 left my church and my family and I questioned everything I was 24 taught and I didn't want to judge. 25 Q And so, you decided anything goes, right? Page 2328 1 A Not anything. 2 Q Well, you were going out with a married man, right? 3 A Well, he told me that -- 4 Q That's not the question I asked you. 5 You decided to go out with a married man, correct? 6 A Yes. 7 Q You decided to have sexual relations with a married 8 man, correct? 9 A Under the guise that they had an open relationship. 10 Q Well, you decided to engage in three-somes, correct? 11 MS. ILLUZZI: 12 THE COURT: 13 THE WITNESS: Objection. Overruled. I didn't want to engage in the 14 first three-some. 15 Q 16 Mann. 17 as sort of a fantasy idea for the blog? 18 A Well, I want to go back to that note I gave you, Ms. Let's talk about that note. It was written for a blog and I never posted it. 19 20 You stated you wrote that MS. ROTUNNO: I would like to post this, Judge, and have Ms. Mann read this. 21 MS. ILLUZZI: 22 THE COURT: 23 That is Defense W received into evidence without 24 objection. 25 Q No objection. Okay. Go ahead, Ms. Mann. Page 2329 1 2 MS. ILLUZZI: I am going to object to her reading the whole thing. 3 MS. ROTUNNO: I am asking that it be read, Judge. 4 MS. ILLUZZI: Objection, Judge. 5 THE COURT: 6 MS. ROTUNNO: 7 THE COURT: 8 THE WITNESS: Do I have to? 9 MS. ROTUNNO: Yes. 10 MS. ILLUZZI: Again, Judge, objection. How long is it? It's a page. Okay, go ahead. It's 11 obviously, it's written and typewritten for every one to 12 understand. 13 14 MS. ROTUNNO: and then I will question her after that. 15 16 THE COURT: Q 17 18 19 20 21 22 Judge, I am asking that it be read Objection, overruled. Please direct the witness. Please read, Ms. Mann. A The failed three-some. Part one, because I had had another failed three-some. Everyone thinks about it. Most end up trying it and probably everyone talks about it. I'd succeeded at failing not just once but twice at my 23 three-some game. It's definitely not as easy as the movies, 24 you know, those special ones where the buff washing mechanic 25 comes over to fix a screw and it happens to be when my hot girl Page 2330 1 next door neighbor and I are in tiny pajamas watching TV and 2 throwing popcorn on each other. 3 Yeah, the idea started out great. 4 An older man I was casually dating enjoyed his women 5 and open dialogue to see if I would be interested in a little 6 three-some fun. 7 I thought about it and said to myself, why the fuck 8 not. I could try it and if I didn't like it, well, there you 9 go, cross that one off the list. 10 So my date arranged a time when I could meet his 11 friend. 12 what I can only describe as Jesus as a woman. 13 ridiculous. 14 height, tall, honey blond Italian. 15 I was ushered around a party when I was introduced to Her beauty was She was just the right -- she was a just right When we spoke from her -- when she spoke from her lips 16 she dripped with a slight accent that made any attempt at 17 graceful speech I had look like Ebonics. 18 Sorry about that. I said, yes, immediately because of it -- isn't 19 what -- I said, yes, immediately because isn't what makes a 20 three-some a three-some a super hot babe. 21 I didn't feel sexually attracted to her but then, 22 again, I didn't know what to expect. 23 with her boobs and made out that would make it work, what did I 24 have to lose. 25 Maybe if I just played So that evening we all met up. I went into a pregame Page 2331 1 mode trying to amp myself up. 2 about to lose his virginity. I felt like a 14 year old boy 3 Was I supposed to play with her? 4 Did everyone think that because I have a clit I 5 somehow -- I'm somehow a magical pussy eater? 6 Was I a magical pussy eater? 7 Wait. 8 9 10 11 Backtrack. Who said -- who said watch them I could try that. Pretend to be a fly on a wall but then that really isn't a three-some. My mind won't stop spinning so I pounded a bunch of 12 champagne hoping the bubbles would slur me up enough to stumble 13 around somewhat seductively and pull off the world's greatest 14 three-some with Ms. Italy. 15 At this point, I completely forgot about my date and 16 realized I was staring -- starting at a naked woman. 17 different than being a kid at a pool where bush and old 18 grandmas walked around naked. 19 a bunny and I don't know what to do. 20 moaned as if it felt good. 22 squeezed the other. 23 liked the way they mushed up. 24 25 This was like Playboy threw out So I grab a boob; kind of squeezed it around. 21 This was She I looked at her surprise so I She had those perfect pink tits and I Definitely real. I don't know what my date was doing at this time but next thing I know there is a real life pussy right in front of Page 2332 1 me. 2 3 Oh my God. It's perfect and I hate her for it. I wonder if she was born with that or bleached and tucked. 4 At this point, it's like a science class for me, only 5 we all happen to be naked. 6 sexual because I am so caught up in the fact that I can play 7 with this real life Barbie doll but I hardly even know my own 8 body and it's ticks. 9 I can't even get into anything What the fuck was I supposed to do with hers? 10 Do you have the rest? 11 Q There is a second page. 12 A You should have the -- it went blank. 13 Q You can read it from the paper. 14 A Oh, oh. 15 Q It's on the screen now. 16 A I can't stop staring and I realized I have completely 17 stopped participating. 18 showing me how it's done. 19 20 My date starts to go down on her I decide to suck a boob. I doubt it was sexual but she could act on every cue. 21 That sneaky bitch though, next thing I know she starts 22 to have an orgasm and I look at her face because, hello, I have 23 never seen a real woman orgasm in person and then I know. 24 She faked it. She fucking faked it. 25 Who fakes a fake orgasm? What a bitch. Page 2333 1 2 This dude doesn't know any better but I do. her shade and I get up. 3 4 didn't get his toys. At that point, I go into the bathroom and sob. Unexpected, I know, but I did. 7 8 11 I couldn't take it. These weren't my friends and I felt no connection to Ms. Perfect specimen. 9 10 I am over this, I say. My date gets fussy like a two year old brat that 5 6 I give It wasn't me. So I got in touch with myself and left them to fuck while I moved on with my life. Q Now, Ms. Mann, you stated on direct examination that 12 you had a three-some with Harvey Weinstein and an Italian 13 actress, correct? 14 A Yes. 15 Q And this note in your phone talks about the older man 16 that you were casually dating, correct? 17 A Correct. 18 Q It talks about the Italian actress, correct? 19 A Correct. 20 Q It talks about touching a boob like you talked about 21 on direct examination, correct? 22 A Yes. 23 Q But then there is something really different about 24 this note than what you testified to on direct examination, 25 isn't that right? Page 2334 1 A That is right. 2 Q It has the details of going into the bathroom and 3 being upset, correct? 4 A I did mention that, yes. 5 Q But the whole part about crying and going in and being 6 upset because she faked the orgasm, correct? 7 A No. 8 Q Well, that's what this says, right? 9 A Um -- 10 Q This says she faked it? 11 A I did not correlate -- when I was writing this, I 12 broke down and started crying and I did not correlate in this 13 going to the bathroom and sobbing because she faked it. 14 15 I do mention that but I am talking about how these aren't my friends. 16 Q Well, because this is really what happened that night? 17 A That is correct. 18 Q Correct? 19 A I don't even know that she had an orgasm. 20 Q So you decided to use bits and pieces of that night to 21 She didn't fake it? come up with this? 22 A Just like my other blogs, yes. 23 Q The bits and pieces of what you described was a 24 25 horrible night for you, you turned it into this? A I wanted to reframe it through comedy. Page 2335 1 2 3 Q Ms. Mann, it's easier to reframe things now after you have to look at it and have to explain it, isn't that right? A No, there is a reason why this one never got published 4 is because it was painful for me and I couldn't put it out 5 there. 6 Q Well, after this painful event, Ms. Mann, whether it 7 happened this way, whether it happened the way you testified on 8 direct examination, you went to see Mr. Weinstein again, isn't 9 that right? 10 A Yes. 11 Q Multiple times? 12 A I was still considering myself as seeing him but it 13 14 15 16 17 was -- I didn't know how to get out of it. Q Well, you called him your casual boyfriend, isn't that right? A I never identified who was in that. If you want to assume that's him -- 18 Q I am asking. 19 A I was not referring to anyone specific. 20 Q But you did call him your casual boyfriend, right? 21 A I don't recall officially calling him my casual 22 boyfriend. 23 Q 24 25 Well, did you call him your casual boyfriend when you talked to Nadia Tyson about him? A I don't recall that. Page 2336 1 2 Q Did you call him your casual boyfriend when you talked to Talita about him? 3 A No. 4 Q Did you call him your casual boyfriend when you talked 5 6 7 8 9 10 11 to your friend Ms. Carter in California? A No, they used that term. They said, boyfriend. I did not use that term. Q And you know they used that term because you know they spoke to the DA, correct? A Um -- I don't know if they actually spoke to them. I know that awhile back a Los Angeles police person called them. 12 Q And you know that they described Harvey Weinstein -- 13 A I don't know what they said. 14 Q -- as your casual boyfriend? 15 A I don't know what they said. 16 Q Ms. Mann, you just said on cross-examination that they 17 used the term, casual boyfriend. 18 MS. ILLUZZI: 19 THE COURT: 20 21 22 23 Q Sustained. Your friends referred to Mr. Weinstein as your casual boyfriend, correct? A I don't know what they said. There were times to me that Ashley had used the term. 24 25 Objection, Judge. Well, what is he? Q Is he your boyfriend? And Ashley is one of your best friends, is that right? Page 2337 1 A She is someone I have known for a while. 2 Q And there was a period in your life when she was quite 3 close to you, would that be fair to say? 4 A Yes. 5 Q And you talked to your friends about the events that 6 you go to, correct? 7 A I guess. 8 Q You talk to your friends about the people you spend 9 your time with? 10 A What do you mean? 11 Q When you get on the phone with a friend of yours, do 12 you talk about your day? 13 MS. ILLUZZI: 14 THE COURT: 15 16 Q and the People you hang out with? MS. ILLUZZI: 18 THE COURT: 19 THE WITNESS: 21 22 Sustained. Well, you talk to your friends about the things you do 17 20 Objection, Judge. Objection, Judge, as to relevance. Overruled. I think that's a very general question. BY MS. ROTUNNO: Q Ms. Mann, did you talk to Ashley Carter about the 23 things that you did and the people you spent your time with 24 between the years of 2012 to 2017? 25 A I am sure she knew some things going on in my life. Page 2338 1 Q And you talked to her about Harvey Weinstein, correct? 2 A When I first met him? 3 Q Ms. Mann, it's a yes or no. 4 A We did talk about -- because I brought them with me. 5 They wanted to know who this person was. 6 Q Where did you bring Ashley Carter? 7 A To -- her and her sister to Book Soup and they stayed 8 9 10 11 the night with me that night. Q with that big producer that you met at Book Soup? A 12 13 And did Ashley ask you after Book Soup what happened Why would she ask me? She met him herself. Q I am asking you, did she ask you after the fact, did 14 she follow-up and say, what's going on with the Hollywood 15 producer? 16 A 17 Probably but she would have said, what's up with Harvey. 18 Q Because she knew who Harvey was, right? 19 A Yeah. 20 Q She knew who Harvey was because you introduced her to 21 Harvey, correct? 22 A I did introduce them. 23 Q And she knew who Harvey was because she knew through 24 25 you that you continued to see Harvey? A I don't know how much she knew or didn't know. Page 2339 1 Q Well, Ms. Mann, here's the issue, all of your friends 2 didn't really know what was going on because you were lying to 3 your friends, correct? 4 A It was something that I was hiding. 5 Q And in hiding, you are keeping something from them, 6 correct? 7 A Yes. 8 Q And you are not being honest about the nature of your 9 relationship, correct? 10 A I wasn't talking about the pain that I was in. 11 Q Ms. Mann, I know that's a very dramatic answer. 12 MS. ILLUZZI: 13 THE COURT: 14 Q 15 16 Objection. Sustained. Let's talk about this. When you went to New York in March of 2013, you came with Tommy Richards, correct? 17 A Yes. 18 Q And Tommy Richards was a friend of yours, correct? 19 A Yes. 20 Q And Tommy Richards was somebody who you respected, 21 Correct? 22 A Yes. 23 Q And you told the Ladies and Gentlemen of the Jury that 24 Tommy Richards was someone that worked in the industry, 25 correct? Page 2340 1 A Yes. 2 Q And he didn't know Harvey Weinstein? 3 A Well, I don't know -- of course he knew him. 4 5 I don't know if he ever met him. Q Well, you had something that you could offer to Tommy 6 Richards and that is an introduction to Harvey Weinstein, 7 right? 8 A I suppose you could look at it that way. 9 Q And Mr. Weinstein didn't know that you dropped out of 10 the sky in New York City, correct? 11 MS. ILLUZZI: 12 THE COURT: 13 14 Q Objection. Just sustained as to form. You called Mr. Weinstein to tell Mr. Weinstein that you were coming to New York, correct? 15 A I don't recall if I called him. 16 Q Well, you showed up in a city where he lives, right? 17 A Yes. 18 Q And you knew he lived here? 19 A I don't know if he lived in New York. 20 Q Ms. Mann, you had been spending time with him at this 21 22 point for two months, three months? A I think at some point later, like a year later, when 23 he said Bill Clinton was his neighbor, I think he said 24 something about Connecticut but I am not even sure about that. 25 Q You knew he didn't live in Los Angeles because you Page 2341 1 2 3 could only see him when he showed up in Los Angeles? A I never really had those intimate types of conversations with Harvey. 4 Q You slept with him and had no idea where he lived? 5 A He literally wanted to have -- 6 MS. ILLUZZI: 7 THE COURT: 8 Q 9 10 Objection to that, Judge. Overruled. I will withdraw the question. And you set up the meeting with Harvey Weinstein in New York, correct? 11 A I don't know. It could have been Talita. 12 Q When -- when you came to New York, you didn't tell 13 Tommy Richards that you had been sleeping with Harvey 14 Weinstein? 15 A No. 16 Q Because you didn't want him to know, correct? 17 A I didn't want anyone to know. 18 Q Because you knew it would make you look bad? 19 A There is a stigma surrounding actresses -- 20 Q And you didn't want that stigma? 21 A Of course not. 22 Q But you wanted the benefit of what the action got you? 23 A That question is -- 24 Q Ms. Mann, answer the question. 25 A That question is implying to me -- I can't answer that Page 2342 1 question. 2 Q I would like to explain how I felt. I think you answered it with your non answer. 3 MS. ILLUZZI: 4 THE COURT: 5 6 7 Objection, Judge, objection judge. Sustained as to the commentary, next question. BY MS. ROTUNNO: Q Ms. Mann, you lied to Tommy Richards because you 8 didn't want Tommy Richards to judge you for sleeping with 9 Harvey Weinstein? 10 A What did I lie to Tommy about? 11 Q You didn't tell him that you were having a sexual 12 relationship with Harvey Weinstein? 13 A Is not disclosing something lying? 14 Q Well, I am asking. 15 You didn't tell him? 16 MS. ILLUZZI: 17 THE COURT: 18 THE WITNESS: 19 20 I don't know. Q Objection. Overruled. Okay. No, I did not tell him. And you were so embarrassed at the thought of him knowing that you were in a hotel room with Mr. Weinstein? 21 A That is correct. 22 Q And you were so embarrassed at the thought that Talita 23 would know that you were in a hotel room with Mr. Weinstein? 24 A I didn't want them to see us coming down. 25 Q But Talita had already known you went to a hotel room Page 2343 1 with Mr. Weinstein, right? 2 A Well, yeah. 3 Q Because Talita was in that hotel room with you? 4 A That one time, yes. 5 Q At the time that you told Talita he went down on me 6 and I pretended I liked it? 7 A Talita was there, yes. 8 Q And you told her that? 9 A Told her that I -- 10 Q That he went down on you and you pretended to like it? 11 A I said, I told him it was the best I ever had. 12 Q And that was a lie? 13 A That was a lie. 14 Q And you lied to Mr. Weinstein? 15 A About? 16 Q When you said it was the best I ever had, you lied to 17 18 19 him, right? A Well, it's obvious he wants me to talk about it after he does that to me. 20 Q Did you lie to him? 21 A Of course. 22 Q And you lied to Talita? 23 A Yes -- no. 24 Q And the reason you lied? 25 A Well -- I wanted out. What did I lie to Talita about? Page 2344 1 2 Q You lied to Talita because you said he went down on me and it was the best I ever had? 3 4 MS. ILLUZZI: Objection. testimony. 5 THE COURT: 6 THE WITNESS: Overruled. And you can explain. I didn't tell Talita that I had 7 received the best oral sex. 8 Harvey that. 9 That's not the I told Talita that I told BY MS. ROTUNNO: 10 Q But you told Talita he went down on you? 11 A She asked what happened in there, I said, he went down 12 13 on me. Q When Talita was outside the room, in the room outside 14 from the bedroom, you didn't yell for Talita to come help you, 15 did you? 16 A I did not. 17 Q You did not yell for Talita to come save you? 18 A I did not. 19 Q You didn't scream and yell for her? 20 A I did not. 21 Q You didn't call out to her in any way? 22 A I did not. 23 Q So in that moment, Ms. Mann, when you came out of the 24 hotel suite Talita already knew what was going on inside of 25 that bedroom, correct? Page 2345 1 A 2 No, she didn't? Why would she ask me if she knew? 3 Q Well, you were embarrassed about that, right? 4 A No, I was in -- in a threatening situation and it was 5 overwhelming to have had him do something sexual to me that was 6 unwanted. 7 Q 8 were in with your friend outside the door. 9 10 11 Let me ask you about the threatening situation you Why didn't you just call for her if you felt like it was such a threat? A I think -- the fact is, I was engaging with Harvey in 12 this back and forth fight and that was taking so much of my 13 attention and then he got in my head and it was very 14 overwhelming so my response was to shut down. 15 Q Ms. Mann, the reason you didn't want to yell for her, 16 again, was you wanted the benefit of the relationship with Mr. 17 Weinstein? 18 A That is not the reason. 19 Q Well, after that much unwanted circumstance happened, 20 in your words, you saw Mr. Weinstein again? 21 A So that -- 22 Q Correct? 23 A What was the question? 24 Q You saw Mr. Weinstein again after the incident at the 25 Montage? Page 2346 1 A I did. 2 Q And I want to talk about the Montage. 3 4 Before you actually got up to that hotel suite, you met Mr. Weinstein at a Hollywood Oscar Party, correct? 5 A The first time I met him. 6 Q The night of the Montage. 7 A I am not sure exactly which party -- party it was. 8 was around, I believe, the time of the Oscars. 9 Q So there was an event first, right? 10 A Yes. 11 Q And then Mr. Weinstein invites you and Talita to a 12 hotel for drinks, correct? 13 A Correct. 14 Q And you already knew what happened in the Peninsula 15 with the back massage? 16 A Which is why I did not want to go. 17 Q But you went. 18 A Well, Talita said to me that the biggest producer in 19 20 Hollywood wants to meet with us, we have to go. Q Well, but at that point you already knew that Harvey 21 Weinstein wasn't interested in Talita because that's what you 22 told the Ladies and Gentlemen of the Jury on direct. 23 A But Harvey was talking -- 24 Q Answer that question. 25 A Say it again. It Page 2347 1 2 Q You already knew that Harvey wasn't interested in Talita because he told you that? 3 A Sexually? 4 Q At all. 5 he was -- wanted -- 6 7 MS. ILLUZZI: Objection. 8 9 14 15 16 She asked me a question, Judge. I was answering her. THE COURT: Don't engage in that kind of colloquy. 12 13 She is cutting off the witness. Objection. MS. ROTUNNO: 10 11 Harvey wasn't interested in Talita's acting, And you just look up at me and I will stop them. BY MS. ROTUNNO: Q Harvey already told you that he wasn't interested in Talita as an actress, correct? A They also had me send her information with her resume 17 and her reel, as well after the meeting before I met them at 18 the Montage. 19 So why would they want her stuff as well? 20 Q But he already told you he wasn't interested? 21 A He told me he wasn't interested in Talita but the 22 company itself still, from my perspective, requested Talita's 23 information. 24 25 Q Well, you never told Talita that Harvey said he wasn't interested in her? Page 2348 1 A I would -- no. 2 Q So if you didn't want to go to the bar at the Montage, 3 wouldn't the biggest way to do that would be to say to Talita, 4 he is not interested in you anyway? 5 A I don't feel that was my place to say that to her. 6 Q So the better idea was to put yourself in a position 7 you didn't want to be in for a chance you knew your friend was 8 never going to have because he already told you he wasn't 9 interested in her? 10 MS. ILLUZZI: 11 THE COURT: 12 Well, sustained as to -- not the content of the question -- 13 14 Objection, Judge. MS. ROTUNNO: Q I will break it down. The best out you had to not go to the Montage was to 15 tell Talita, Harvey Weinstein wasn't interested in her, 16 correct? 17 MS. ILLUZZI: 18 THE COURT: 19 If you understand the question, please answer it. 20 21 Objection, Judge. THE WITNESS: Q I don't think -- You don't understand? 22 You don't what? 23 You were shaking your head. 24 25 What? I don't know what that means. A You are assuming that that was the best. I don't Page 2349 1 know. 2 Q I didn't assess the best outcome. Ms. Mann, I am assuming nothing. I am asking 3 questions based upon what you told this Court on your direct 4 examination. 5 A I want to answer as best as possible. 6 Q Just answer it truthfully. 7 A If you can just slow it down for me a little bit. 8 Q Sure. 9 You were armed with the information that Mr. Weinstein was not interested in Talita as an actress, correct? 10 A Yes. 11 Q You told the Ladies and Gentlemen of the Jury on 12 direct examination that you knew that Mr. Weinstein was not 13 interested in Talita as an actress? 14 A 15 felt. 16 her number, he told me he had it. Yes, I was just thinking about that moment, how I Harvey said to me, because I asked him if he had gotten 17 Q Ma'am -- 18 A -- he wasn't interested. 19 MS. ILLUZZI: Objection. 20 MS. ROTUNNO: Judge, it's non responsive. 21 THE COURT: 22 25 Sustained as to both of your objections. 23 24 Objection. Ask the question. Listen carefully to the question. THE WITNESS: I am trying. Page 2350 1 THE COURT: Answer within the question area and 2 try not to volunteer information that goes beyond the 3 specific question. 4 THE WITNESS: 5 MS. ROTUNNO: 6 Q I am trying. Ms. Mann, you told the Ladies and Gentlemen of the 7 Jury on direct examination that you knew Harvey Weinstein was 8 not interested in Talita, correct? 9 10 11 12 A I don't know the range of the scope of his uninterest but I knew that he had not gotten her phone number that night. Q Well, he -- it's beyond her phone number. He told you he wasn't interested in Talita, correct? 13 A I guess, yeah. 14 Q And did you ever tell Talita that? 15 A No. 16 Q So every time Talita felt that she had a chance you 17 continued to let that go on? 18 A Well, they also let us believe she had a chance. 19 Q Well, when you say -- 20 A Why wouldn't they just tell her? 21 her a manager? 22 he help her? 23 Why would they give Why would they take her information? Why would It doesn't make sense. 24 Q 25 correct? Mr. Weinstein had already given you that information, Page 2351 1 A That initial, yeah. 2 Q Okay. And you continued to say that you were worried 3 about Talita, that you were making choices because of what 4 Talita wanted, correct? 5 A Yeah. 6 Q But you knew that he didn't care about her? 7 A Well, he offered us the movie and he wanted to -- he 8 told us, us two would be the leads in that movie. 9 interest in Talita from my perspective. 10 11 12 13 So that's Why would he say that if he wasn't interested? Q He didn't offer you a movie, he offered you a chance to audition? A Well, when he says you two are perfect for the lead 14 roles, I want to cast you in my film, however I interpret that 15 in that moment, in that moment it was he wanted to put us in 16 the movie. 17 changed from him a little bit. 18 19 Q Then it became a different process where the story Ms. Mann, you had very few credits as an actor, correct? 20 A Sure. 21 Q And Mr. Weinstein is telling you he has a script you 22 could be perfect for, correct? 23 A Well, I have already -- 24 Q That's what he told you? 25 A Yes. Page 2352 1 2 Q He told you he had a script that you would be perfect for, correct? 3 A Yes. 4 Q Did you think that meant you were getting a role? 5 A I did. 6 Q And did you think that because you were sleeping with A No, I hadn't had a sexual encounter with him, other 7 8 9 10 11 him? than the massage at that point. He did not go do that to me until after we had already talked about the movie. Q And so, you are in a hotel room with him, where in 12 your words, he goes down on you and you tell him it's the best 13 you ever had, and then he actually gives you that script and 14 sets you up with people to talk to? 15 A He did not give me the script that night. 16 Q No, but you got it? 17 A Through asking later, yes. 18 Q But you got it? 19 A We went and read it, yes. 20 Q And as an actor you know that that's the process that 21 you take when you are auditioning for a role, correct? 22 A Sorry. 23 Q As an actor -- 24 A Yes. 25 Q -- you know that there is a process before you are I spaced out. Page 2353 1 cast in a movie, correct? 2 A Yes. 3 Q Because in your words to this jury on direct 4 examination you had not acted for Mr. Weinstein, correct? 5 A I didn't hear the last thing. 6 Q He had not seen you act? 7 A Well, I had sent them all that I had so I don't know 8 9 what they watched or didn't or researched or didn't. Q You didn't invite him to anything that you had been in 10 at the time? He wasn't there with you watching you involved on 11 screen or act in a play, correct? 12 A No, he had not seen my performance live. 13 Q Right. 14 And so, at this point, all you know is they have what you sent, correct? 15 A At which point? 16 Q At the point that you are being talked about about 17 18 this script and going to read and going to audition. A Yeah, I mean I assumed if he is telling me that it's 19 because they looked at my stuff and when he says, you have a 20 great look for it, like I believed that. 21 stuff. 22 23 24 25 Q I did and they had my As an aspiring actress, you knew that there was more to the gig than a good luck, right? A I would say -- I would say what -- what allowed me to believe it is that there is always these stories like, Charlize Page 2354 1 Theron was discovered in a bank and then she gets into these 2 projects. 3 I don't know that I fully understood the industry at 4 that time. 5 did feel real and I am sorry if that was stupid of me, but -- 6 Q So the possibility of it from my little perspective I am not saying it is or it isn't. But what I am 7 saying to you is, you knew that there was still a process that 8 happened for actors? 9 A Well, according to normal stuff where I have never met 10 the producer but maybe when the producer wants you and he puts 11 whoever he wants in his movie, I didn't know if there was a 12 different process for that. 13 Q And that's what you were hoping for? 14 A The movie was important to my career. 15 Q And that is what you were hoping for? 16 A What do you mean by, hoping? 17 18 19 I thought it was real. Q You were hoping that you were going to be cast in this movie? 20 A It would be -- 21 Q Correct? 22 A Yes. 23 Q You were actually banking on it, correct. 24 MS. ILLUZZI: 25 THE COURT: Objection. Sustained. Only as to the word Page 2355 1 banking. 2 Q You were counting on it, correct? 3 A Counting on being cast? 4 Q Yes. 5 A Um, I think from -- it would have made a life altering 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 difference in my career at that point. (Continued on the next page.) Page 2356 1 Q That is not the question I asked you. 2 A Counting on it, I mean -- 3 Q You thought it was a done deal? 4 A I don't know really what I thought, because it was so 5 different, but I was open to however the formalities of that was 6 going. 7 8 Q And you were going to continue to do whatever you had to do to make that happen? 9 A I wouldn't put it that way. 10 Q Well, Ms. Mann, let me ask you this. 11 L.A, did you hire an acting coach? 12 A I went to many acting things. 13 Q Did you have your own acting coach? 14 A I went to different acting schools. 15 When you moved to I would take the workshop and classes with different coaches, yeah. 16 Q When did you start doing that? 17 A I have been doing that before I moved to L.A and when I 18 first moved to L.A, so -- 19 Q When you moved to L.A, where did you go? 20 A There is one in, right by my place in North Hollywood. 21 I cannot think of the name off the top of my head. 22 Q Who was the coach you saw? 23 A I don't remember the name. 24 25 I could try to look on a map later and see by location which school it was. Q How long did you see that coach? Page 2357 1 A I was in ongoing training with different people. 2 Q When you met Mr. Weinstein, were you still seeing 3 acting coaches? 4 A Yes. 5 Q Who were they? 6 A It is like a school, I did a class, it is just my brain 7 is focused on -- that was so meaningless to me to try to 8 remember the schools and teachers I had, I'm a face person, not 9 a name person. 10 Q You know where you went to high school, correct? 11 A That is easy, it is the name of my town. 12 Q This is a school, correct? 13 A Yeah, but it is not the name of the town. 14 Q You don't remember? 15 A Right now I don't. 16 I could research and answer the question later. 17 Q Did you go to more than one school? 18 A Yes. 19 Q How many? 20 A I don't know. 21 Q For what period of time? 22 A Quite a while, I don't know. 23 Q Do you remember when you stopped? 24 A I mean I stopped for um, when I moved to New York I 25 didn't take any acting classes. Page 2358 1 Q When did you move to New York? 2 A I'm just not good with dates, I don't know, a couple of 3 years ago. 4 Q When did you go back to California? 5 A After I had the, after the fall of 2017 somewhere. 6 Q Speaking of moving around, when you moved to 7 California, you didn't leave your grandmother's house and move 8 to L.A to act, correct? 9 A Correct. 10 Q You lived many places in between grandma's house and 11 California? 12 A I lived in a few. 13 Q Where did you live? 14 A Florida, South Carolina, Texas for one month until we 15 16 17 moved to Arizona. Q So, you lived in four states before you actually went to California, correct? 18 A If you consider a month residency. 19 Q Well, it is Texas, correct? 20 A Yeah, but it was like a month. 21 Q Did you move alone, with people? 22 A I was with, I was with a family. 23 Q And when you came to California, you came to California 24 25 by yourself, right? A When I officially moved there, yes. Page 2359 1 Q That was back when you were 25, correct? 2 A Yeah. 3 Q When did you start dating the boyfriend, that was 4 Eddie, correct? 5 A Yes. 6 Q And when did you start dating Eddie? 7 A I'm not sure. 8 Q Approximately? 9 A I don't know, we were on and off before it was ever 10 official. 11 Q As far as you know? 12 A Just the dynamics was a little crazy. 13 Q Do you know how long you dated? 14 A Maybe a year. 15 Q And how long had you been seeing him before you decided 16 17 to tell Harvey that you had a boyfriend? A Well, the very last time I saw Harvey, I didn't see him 18 for months, I think several, several months, and during that 19 time, I started a relationship with Eddie. 20 21 Q And you decided that you wanted to tell Harvey about that, right? 22 A Yes. 23 Q You wanted to tell Harvey about that because you didn't 24 want to be sleeping with more than one person at a time, 25 correct? Page 2360 1 A Because what? 2 Q You didn't want to sleep with more than one person at a 3 4 5 6 7 time, correct? A With Eddie, yeah, I considered us in a serious relationship. Q And do you remember when you had that conversation with Mr. Weinstein? 8 A No. 9 Q Do you remember how soon after meeting Mr. Weinstein in 10 New York it was? 11 A Way down the line. 12 Q What does that mean to you? 13 A I have tried to remember the date, I mean I don't know. 14 15 16 But it was not like there was a long period of time. Q Well, Ms. Mann, you have multiple, multiple e-mails that were sent between you and Mr. Weinstein, correct? 17 A Over the whole course of knowing him, yeah. 18 Q Like binders, would that be fair to say? 19 A Yeah. 20 Q Did you look back at those e-mails to see if you could 21 figure out based on what you had said to one another, when this 22 relationship may have taken place? 23 24 25 A I don't -- when I was trying to figure it out, I could not figure it out. Q And how did you try to figure it out? Page 2361 1 A I went through my e-mails. 2 Q And based on your e-mails, you did not see a timeline 3 of Harvey asking you if you had a boyfriend or how is the 4 boyfriend or husband, you could not figure it out? 5 6 A So, after I had -- Harvey would use a term like how's married life or something like that. 7 Q Could you figure it out based on those e-mails? 8 A I said I don't know. 9 Q So, if I drew your attention to like early 2014 to mid 10 to later 2014, would that make sense in your timeline? 11 A Make sense about what? 12 Q When you dated Eddie? 13 A I don't know, I'm really bad with dates in a sense of 14 time. 15 Q Let me ask you this, Ms. Mann, how many times prior to 16 testifying here today, did you talk to the State attorneys or 17 the District Attorneys at this table? 18 A I don't know. 19 Q Approximately? 20 A I don't know. 21 Q More than five? 22 A I don't know. 23 Q Well, you came twice to talk to go before the grand 24 25 jury, correct? A Yeah. Page 2362 1 Q And did you give testimony in Los Angeles? 2 A What do you mean, like tell them what happened or 3 4 5 official testimony or what, I don't know legal terms. Q That is okay, I'll explain it to you. Did you speak to law enforcement in L.A? 6 A Yes. 7 Q Did Ms. Illuzzi come to L.A and speak to you? 8 A There was a meeting with the L.A District Attorney and 9 the New York District Attorney there. 10 Q And when was that? 11 A I don't know. 12 Q Was that recently? 13 A My brain has been through a lot, I just don't, with 14 numbers and times and dates, it is just not in my mind, I don't 15 know. 16 Q 17 Well, how many times have you been to New York and met with the prosecutors here? 18 A I don't know. 19 Q You have no idea how many times? 20 A I never thought I needed to keep track, I don't know. 21 Q How many times did Ms. Illuzzi prepare you for your 22 testimony? 23 A Prepare? 24 Q How many times did she talk to you about what you were 25 going to say? Page 2363 1 A She's talked to me about what I'm going to say? I 2 mean, no one has talked to me about what I'm going to say in a 3 sense of what to say. 4 Q Ms. Mann, I'm not stating that. I'm asking you how 5 many times she sat down with you to see what you were going to 6 say when you sat there? 7 A 8 with them. 9 Q 10 I said over and over I don't know how many times I met Well, did you prepare for your testimony several days before today? 11 A Um, several days -- yeah, I came in one day. 12 Q And you sat down and they said here's the questions we 13 are going to ask and would have you answer them, correct? 14 A I don't think we went through all the questions. 15 Q Did you go through some? 16 A Um, let me think. It's um, hard for me to recall. I 17 have not slept for like two weeks now, so I just, it is hard for 18 me to really recall. 19 Q So, you don't know? 20 A No, I don't. 21 22 just I have not been sleeping. Q And -- 23 24 25 I would be happy to answer that, it's THE COURT: Ms. Rotunno, tell me a good time to break. MS. ROTUNNO: This is fine. Page 2364 1 THE COURT: All right, so Ms. Mann, if you would 2 be good enough to step down and wait in the witness room. 3 See you back here prior to 9:30 a.m Monday morning. 4 A We are done? 5 THE COURT: 6 a.m Monday morning. 7 For the day, see you back here 9:30 Wait in the witness room for further instructions 8 from the District Attorney about what to do, where to go, 9 what not to do? 10 A Okay. 11 ( Witness exits courtroom). 12 THE COURT: All right, jurors, do not go to any 13 superbowl parties, do not eat anything at a superbowl 14 party. 15 16 Be back here bright eyed and bushy tailed healthy Monday 9:30 a.m, have a good weekend. 17 18 Do not drink to excess. Remain mindful of all my prior admonitions and instructions. 19 During this or any other recess, keep an open 20 mind. Do not form an opinion as to the guilt or innocence 21 of defendant. 22 Refrain from any and all research or 23 communication, electronic or otherwise about anything 24 having to do with the case. 25 all media, press coverage of this case. And of course avoid any and Page 2365 1 2 Have a great weekend, stay out of trouble, see you back here before 9:30. 3 ( Jury exits courtroom). 4 THE COURT: 5 Attorneys, can I talk to you for a moment. 6 ( Conversation held off the record). 7 THE COURT: Yes, Ms. Rotunno. As the jury was 8 coming in, you asked to approach the bench prior to your 9 cross examination and made a motion, and I told you that 10 was fine, and was timely made. 11 please do so. 12 MS. ROTUNNO: Make it at this juncture, Before the jury was called in, I 13 approached the Court and made a motion for a judgment of 14 acquittal at the close of the State's evidence with regard 15 to Jessica Mann and her claim on March 18, 2013, that the 16 State has not met their burden with regard to the elements 17 of that charge given her testimony on direct examination. 18 19 THE COURT: make that again at the end of the People's case. 20 21 22 23 24 25 That is denied, and you can of course Anything else we need to get on the record at this point? Okay, see you Monday 9:30, thank you. ( Trial adjourned to February 3, 2020). Page 2366 SUPREME COURT NEW YORK COUNTY TRIAL TERM PART 99 ------------------------------------x THE PEOPLE OF THE STATE OF NEW YORK : INDICTMENT # : 2335-18 : 2673-19 : AGAINST : CHARGE : Pred Sex Asslt HARVEY WEINSTEIN : : : Defendant : -------------------------------------x Trial 100 Centre Street New York, New York 10013 February 3, 2020 B E F O R E: HONORABLE: JAMES BURKE, JUSTICE OF THE SUPREME COURT APPEARANCES: (Same as previously noted) ---------------------------------------------------------------------THE CLERK: Case on trial continued, all parties are present. THE COURT: Appearances. MS. ILLUZZI: MS. HAST: Meghan Hast. MS. ROTUNNO: Weinstein. Joan Illuzzi. Donna Rotunno on behalf of Mr. Page 2367 1 MR. CHERONIS: 2 MR. KAMINS: Barry Kamins. 3 MS. SAMSON: Diana Samson. 4 MR. AIDALA: Arthur Aidala. 5 Damon Cheronis. Good morning, your Honor. 6 THE COURT: All right, attorneys, thank you for 7 taking my advice and not watching the superbowl, but 8 instead, inundating each other and the Court with motions 9 all yesterday and yesterday evening. 10 11 12 13 14 first? MR. CHERONIS: Your Honor, I think I instigated the motions, so I'll raise two issues. The first issue I think should be dealt with is the proposed testimony of Claudia Posticcini. 15 THE COURT: 16 MR. CHERONIS: 17 Who wants to go Emmanuella. Sorry, Emmanuella. We have filed a motion to bar her from testifying. 18 If you recall the testimony Ms. Mann, she 19 indicated she was involved in a threesome with Mr. 20 Weinstein, and that was not, at least from what I could 21 hear, even by Ms. Mann's testimony, something she was not 22 forced to do. 23 It was not one of the charged offenses here. And 24 on cross examination, Ms. Rotunno did confront her with an 25 e-mail, excuse me, a journal entry which offered, what we Page 2368 1 propose, was a different state of mind as to what Ms. Mann 2 testified to on direct examination. 3 But in both her direct and cross examination, she 4 did say that she was uncomfortable, and that she left and 5 went to the bathroom. 6 Now, Ms. Posticcini apparently will testify to 7 sort of corroborate the fact she was there involved in a 8 threesome, and Ms. Mann left to the bathroom and was 9 crying. 10 11 We think for several reasons that is not something this Court should allow. 12 One, there is no disagreement as to whether or not 13 Ms. Mann left the threesome and went into the bathroom. 14 That came out on both direct examination and cross 15 examination. 16 Ms. Posticcini cannot testify to Ms. Mann's state 17 of mind. But more importantly, your Honor, Ms. Posticcini 18 was interviewed by the People, and in her first interview 19 she talked about having essentially a consensual sexual 20 relationship with Harvey Weinstein. 21 THE COURT: 22 MR. CHERONIS: Go back, no disagreement about what? Ms. Mann testified on direct 23 examination she was uncomfortable during the threesome and 24 she went into the bathroom. 25 In cross examination she testified that through Page 2369 1 that letter that she read, that she was uncomfortable and 2 she went into the bathroom and started crying because she 3 could not handle it. 4 So, the real issue isn't if she was uncomfortable 5 or whether she went into the bathroom, the issue is whether 6 or not her state of mind was consistent with what she said 7 on direct examination or consistent with her blog entry. 8 Now, to call Ms. Posticcini to corroborate that 9 causes a lot of issues. One is she cannot testify to Ms. 10 Mann's state of mind. 11 to essentially another Molineaux witness. 12 not sort an application to introduce that as a Molineaux 13 witness. 14 More importantly, it opens the door The State has And to give you sort of a background, when Ms. 15 Posticcini was interviewed, she initially said she had a 16 consensual sexual relationship with Harvey Weinstein. 17 never forced her to do anything. 18 He The following day she called Ms. Illuzzi and said 19 she had thought about it and she felt she was forced into 20 the situation. 21 That is not something that this Court should allow 22 into evidence. 23 prior statement. I would have to cross examine her on the 24 THE COURT: Ms. Posticcini said that? 25 MR. CHERONIS: Yes. So what we happen to have Page 2370 1 essentially is another Molineaux witness on the stand 2 testifying she felt forced by Harvey Weinstein to engage in 3 sexual activity. 4 When you look at the probative value of Ms. 5 Posticcini's testimony, it is scant, it is partially 6 corroborating a non forcible sexual encounter between 7 herself, Mr. Weinstein, and Ms. Mann. 8 9 The prejudicial value, when you look at that, is substantially -- outweighs the probative value because you 10 have now another witness who will come into court and say 11 she had a sexual relationship with Mr. Weinstein, she felt 12 it was forced, things along those lines. 13 It is really another Molineaux witness sort of in 14 sheep's clothing, and the probative value is very slight 15 opposed to the unfair prejudice by having another Molineaux 16 witness not disclosed in the State's Molineaux 17 application. 18 So we think based on that, the testimony should 19 not be allowed. She should not be allowed to testify to 20 her relationship with Harvey Weinstein, the threesome, how 21 she felt forced to get involved in those situations, 22 because again, that is a Molineaux witness that the State 23 is attempting to clothes as a corroborating witness, and 24 the corroboration they are seeking is scant, it is not 25 something that is very probative of whether or not Mr. Page 2371 1 Weinstein forcibly raped Jessica Mann at the Doubletree 2 which is the main issue regarding Ms. Mann. 3 4 So we think for all those reasons, this Court should bar Ms. Posticcini from testifying. 5 MS. ILLUZZI: 6 THE COURT: 7 MS. ILLUZZI: May I? Yes. So, we disagree with the 8 characterization that Ms. Posticcini is a Molineaux 9 witness. 10 First, Ms. Posticcini is an eyewitness to how the 11 witness, Jessica Mann, was interacting with the defendant 12 at a time when she is also saying nice and normal, and even 13 affectionate things to him via e-mail. 14 And she was particularly cross examined on the fact 15 that this proposed three-way was something that she wanted, 16 that she had hoped to happen, and that oh, big surprise, 17 she was upset at the very end of it. 18 Well, the fact is, as Ms. Mann said, she wrote 19 that as almost a satire of something that was painful for 20 her. 21 And certainly in Ms. Rotunno's cross examination, 22 it became clear that she was cross examining Ms. Mann with 23 regard to her credibility on that issue. 24 25 And it is a larger theme, right, that Jessica Mann wants the defendant and wants to engage in this conduct Page 2372 1 with the defendant. 2 3 And so, this allegation that anything was forced is now something that is a recent fabrication. 4 So, for those reasons, Ms. Posticcini is 5 relevant. 6 eliciting would not be Ms. Posticcini's issue, but merely 7 that for her it was an uncomfortable situation as well. 8 9 And moreover Judge, what the People would be Because if you recall, the thing that put Jessica Mann over the edge was that she looked into this woman's 10 face and realized this woman as well was very, very 11 uncomfortable. 12 And so Ms. Mann thought look, we are both 13 uncomfortable doing something, and it became very, very 14 emotional for her and she ran to the bathroom. 15 It is not just running to the bathroom, Ms. 16 Posticcini will testify about what the emotional state as 17 she observed it of Jessica Mann was at that moment. 18 She is not a Molineaux witness, she is an 19 eyewitness to something that happened between Jessica Mann 20 and the defendant. 21 MR. CHERONIS: Well, your Honor, to that end, Ms. 22 Posticcini you cannot disassociate her relationship with 23 Mr. Weinstein from her testimony. 24 25 We have a proffer from the State that says her sexual relationships with Mr. Weinstein were forced. Page 2373 1 Now, that certainly flies in the face of her 2 earlier statement, but we are then going to have to cross 3 examine Ms. Posticcini on her relationship with Mr. 4 Weinstein. 5 When you look at that, when you look at what the 6 State will attempt to do by putting on Ms. Posticcini, 7 another witness that will say she felt forced to be 8 involved in a sexual encounter with Mr. Weinstein and Ms. 9 Mann, you are right, it is not a Molineaux witness because 10 they did not make an application, it serves the same 11 purpose. 12 the witness stand and who is going to make allegations she 13 felt forced to be involved in sexual activity with Mr. 14 Weinstein. 15 It is another essentially accuser who will get on Now, when you look at the probative value of that, 16 it is limited. When you look at the prejudicial affect and 17 the lack of the State's attempt to try to include her as 18 another Molineaux witness, we suggest that the probative 19 value is highly outweighed by unfair prejudice, highly 20 outweighed. 21 They did not say it is not a Molineaux witness, 22 that is the affect of that testimony, that is the actual 23 affect of that testimony. 24 their application, did not ask for that. 25 They did not move for that in When you say it is an eyewitness, that does not Page 2374 1 take away the prejudicial value of the testimony when you 2 have the issues we have raised in our motion. 3 those reasons she should not be allowed to testify. 4 MS. ILLUZZI: We think for Mr. Cheronis is confusing our 5 discovery to him versus the relevant testimony to be 6 elicited from the witness. 7 Ms. Posticcini would not be examined on her own 8 either trepidation or difficulty in being with the 9 defendant, she is being called as an eyewitness to an 10 event, that event is crucial here, it is a documentation by 11 an eyewitness, an independent eyewitness of what the 12 relationship between Jessica Mann and the defendant was. 13 Moreover, it was opened -- certainly the door was 14 opened wide opened with Ms. Rotunno's cross examination of 15 this witness, you know, and certainly on cross examination 16 Judge, went through it. 17 stern objection, she was permitted to sit there and read 18 her entire note regarding failed three-way which she just 19 said was a satire about something painful for her. 20 21 22 And in fact, beyond the People's The implication is Ms. Mann was the liar, the truth is that she's not. MR. CHERONIS: We don't have to accept Ms. Mann's 23 interpretation of what that quote unquote satire meant. 24 The issue is, they are saying they will not elicit any 25 information about Ms. Posticcini and her relationship with Page 2375 1 Mr. Weinstein. 2 They are laying a trap for us, because we have to 3 get into that. 4 in the situation despite the fact Ms. Posticcini two days 5 prior before thinking about it, told Ms. Illuzzi that it 6 was not force, she had no issues, but now we are getting 7 yet again into another Molineaux situation. 8 9 What Ms. Posticcini said, she felt forced I'm not confused about anything, I know exactly what the State is trying to do. They are trying to include 10 yet another Molineaux propensity witness on a collateral 11 matter. 12 This is not a charged offense, not even a forcible 13 offense. 14 issue at the Doubletree. 15 consensual. 16 This is not the issue at the Peninsular, not the By Ms. Mann's admission, it was On direct examination she gave her version. On 17 cross examination she gave her version. In both versions 18 she indicated she felt uncomfortable and she left crying. 19 Now, to call Ms. Posticcini to corroborate that, 20 and by doing that inviting us, because we have to 21 effectively represent Mr. Weinstein, cross examine her on 22 her relationship with Mr. Weinstein. 23 They are opening the door to propensity evidence 24 and to more Molineaux evidence, and they did not file an 25 application to do that. Page 2376 1 They did not request this Court make an 2 independent determination that Emmanuella Posticcini should 3 be allowed to testify to her quote unquote uncomfortable 4 forcible situation with Harvey Weinstein. 5 done that but they did not. 6 THE COURT: All right, thank you. They could have So defense 7 motion to preclude the testimony of Ms. Posticcini 8 regarding the so-called threesome and her testimony all 9 together on the ground it constitutes Molineaux evidence, 10 it amounts to character and propensity evidence and 11 constitutes improper collateral evidence, and that the 12 prejudice outweighs the probative value, I find that the 13 evidence of the threesome as it is called, does not qualify 14 strictly as Molineaux evidence in the first place. 15 And that the threesome as testified to does not 16 constitute as uncharged crime, or even as a bad act. And 17 even if it is or were to be considered as Molineaux 18 evidence, it has just the most very slightest prejudicial 19 value, where it has the very probative value delineating 20 the history and nature of the power relationship between 21 the defendant and Jessica Mann. 22 Further, given the cross examination thus far of 23 Jessica Mann regarding the so called threesome, including 24 Jessica Mann's testimony about the purportedly fictional 25 blog describing a version of the so-called threesome events Page 2377 1 with Ms. Posticcini, Ms. Posticcini's testimony may be 2 received as noncumulative testimony to show what actually 3 happened, notwithstanding my ruling about it not being 4 Molineaux evidence. 5 I would like to suggest that I give something 6 tantamount to a Molineaux instruction, and would like to 7 suggest the defense request that. 8 9 So, if they do want that, please ask at the appropriate time and I'll say something along the lines of 10 and with the further subsequent input from the defense, 11 that there is evidence in this case that on another 12 occasion the defendant and Jessica Mann and Ms. Posticcini 13 engaged in a threesome or purported threesome or whatever 14 description seems appropriate. 15 offered and must not be considered for the purpose of 16 proving that the defendant had a propensity or 17 predisposition to commit the crimes charged this case. 18 And that evidence was not It was offered as evidence to provide background 19 information as an aid in understanding the history and 20 context of the relationship between the parties. 21 And this, I think the next part is probably the 22 most critical and crucial, because it goes to weight and 23 not admissibility, and the jury is free to believe or not 24 believe whatever they end up believing or not believing. 25 So I would further state if you find the evidence Page 2378 1 believable, you may consider it for those limited purposes 2 and no other. 3 And not withstanding all of the foregoing, Ms. 4 Posticcini's testimony should be, Ms. Illuzzi, confined to 5 her observations which is what you are stating that you 6 want them for regarding her observations of Jessica Mann, 7 and there should be no testimony nor even an implication of 8 non consensual sex on either of their parts, on either 9 Jessica Mann's part or Ms. Posticcini's part, because that 10 is not the general theory of the testimony regarding the 11 so-called threesome. 12 To the District Attorney's theory of the case, it 13 tends towards the non consensual activity, that is an 14 inference to be drawn later on, but the immediate testimony 15 should be confined to show what the background information, 16 the history and context of the relationship and or power 17 relationship between the parties, and the jury can buy it 18 or not buy it as they can with any other evidence in this 19 or any other case. 20 avenue. And so, do not veer away from that 21 MS. ILLUZZI: 22 THE COURT: Understood Judge. So, the issue of what constitutes 23 consent or non consent and its interplay with what is 24 comfortable or not comfortable, you know, plays a role in 25 this case, but does not technically, technically go to Page 2379 1 2 forcible compulsion or non consent. And obviously defense may or may not go into the 3 various matters in that regard. 4 that there is any trap laying, I think was the phrase that 5 you used, Mr. Cheronis. 6 I do not, I do not find We did start off this trial by, at your request, 7 me ruling that I would permit the consent theory of the 8 case to be fully aired out, and that I would not force you 9 to abide by the most strict rules regarding the admission 10 of evidence until it was admitted on cross examination or 11 the defense case. 12 of the witnesses was under the circumstances of this case, 13 and to have stated all along since the defendant had stated 14 all along that this is a defense of consent, that I would 15 permit that to be fully aired out in whatever permissible 16 way that you suggested, and I think we have done that. And that your general defense of consent 17 So, let's move to the next issue. 18 MS. ILLUZZI: Your Honor, may I ask. Over the 19 weekend the defense asked us again whether or not Ms. Mann 20 or Ms. Young testified in the grand jury in Los Angeles, 21 and I want to state clearly the People do not have control 22 over what the Los Angeles District Attorney's Office 23 provides or does not provide. 24 25 We have asked them for everything, and they in the spirit of cooperation, have given us notes from law Page 2380 1 enforcement, they gave us taped conversations with our 2 witnesses, whoever they had, and I believe both that was 3 Ms. Young and Ms. Mann, and they had given us some notes or 4 reports, police reports from law enforcement regarding 5 that. 6 What their process is, and their grand jury 7 process is, and who if anybody testified regarding this 8 case in Los Angeles, they are not, they are not allowing us 9 to either know or disclose that, so I don't have anymore 10 control over it, Judge. 11 I want to let you know completely I do not have 12 control over it, and we had provided way more than the 13 statute or anybody, and Los Angeles provided way more than 14 the statute, discovery laws certainly dictate even in the 15 new statute. 16 17 MR. CHERONIS: Two quick issues, your Honor, I want -- 18 THE COURT: 19 MR. CHERONIS: The jury is here by the way. Okay, just a quick point regarding 20 your comment to me regarding the last issue we had 21 discussed, the whole airing out of consent. 22 23 24 25 I think you were referring to the Molineaux hearing -THE COURT: at opening statements. No, I was referring to your request Page 2381 1 MR. CHERONIS: 2 THE COURT: Regarding the e-mails. The e-mails that you could use them 3 freely on your opening over the People's objection, and I 4 ruled in an anticipatory way that since, even if the strict 5 rules of evidence would maybe not necessarily allow them in 6 because they were not prior inconsistent statements 7 necessarily, that since they did go to your overall theory 8 of consent, that just based on that alone, that they were 9 permissible. 10 MR. CHERONIS: 11 THE COURT: 12 MR. CHERONIS: I wanted to clarify that. Okay. Regarding Ms. Illuzzi's comments 13 about Lauren Young and Jessica Mann, we just asked if they 14 testified in front of the grand jury, and she said she does 15 not know that. 16 Okay, I guess I'm stuck with that answer, because 17 there are ways we can get that information apart and aside 18 from Ms. Illuzzi turning it over to us. 19 So, I find it interesting they would not even know 20 if their witnesses testified in front of the grand jury in 21 Los Angeles. 22 23 24 25 That said, I guess we will ask Ms. Mann or Ms. Young on direct or cross examination. Regarding my other motions, you want to take that up at the break? Page 2382 1 THE COURT: About discovery? 2 MR. CHERONIS: 3 THE COURT: Discovery issues. I think Ms. Rotunno is eager to 4 resume her cross examination of Ms. Mann, unless there is 5 any Ms. Mann related stuff. 6 MS. ROTUNNO: There are. 7 continues to talk about a timeline. 8 of the timeline. 9 timeline. 10 One is Ms. Mann We are not in receipt She said my timeline, I don't have a THE COURT: I'm curious about that. I interpret 11 that to the extent this is helpful to you, as something 12 people say in California. 13 MS. ROTUNNO: I know. She says in her interview 14 with the Beverly Hills Police Department and detectives 15 contacted Maxine Rosenthal, I gave Maxine Rosenthal my 16 timeline. 17 MS. ILLUZZI: She did not give Maxine Rosenthal a 18 timeline in the sense that you and I and probably the 19 defense thinks is a timeline. 20 What she did give her was e-mails with her and 21 defendant, and she like put a little annotation on the top 22 of some e-mails. 23 does not believe me, Ms. Rosenthal is at work. 24 give her one. 25 Ms. Rosenthal, if the Court or defense THE COURT: She did not But they have the e-mails with the Page 2383 1 annotation. 2 MS. ILLUZZI: Yes. 3 MS. ROTUNNO: The other issue regarding Ms. Mann, 4 we were still not tendered any information regarding that 5 2016 incident that Ms. Mann testified to. 6 MS. ILLUZZI: As I have stated, Judge, in the most 7 articulate way I can, is that we knew from the beginning 8 and certainly the defense and everyone knew from the 9 beginning Ms. Mann had a relationship with the defendant 10 that was non forcible both before and after the rapes 11 involved. 12 We didn't ask her to recount every single sexual 13 encounter and what happened in every encounter and when 14 exactly that happened. 15 thinks the last one was, she said 2016 and I elicited it on 16 direct examination. 17 THE COURT: Recently I asked her when she All right, you know, let's go back a 18 step. 19 Tarale Wulff and the Ms. Bussy situation. 20 I'm eager to recall the jury, but let's go back to So, if there is a Brady situation there, it is not 21 whether or not you wrote something down, it is whether or 22 not there was a subsequent to the alleged incident, you 23 know, meeting with the defendant, whether or not Tarale 24 Wulff herself remembers it. 25 So, if you are aware of it, you know through Ms. Page 2384 1 Bussy, then under the circumstances of this case and of 2 those incidents, the meeting after the event, whether or 3 not Tarale Wulff remembers it, in this, you know, I think 4 diner or something like that, whatever it was, that 5 information would need to be turned over to the defense, 6 and it is my understanding it was not until -- 7 8 9 MR. CHERONIS: January 30th in an e-mail after Ms. Wulff testified. THE COURT: Until then, and that is unacceptable 10 and is the reason Ms. Wulff is going to be recalled, I 11 believe tomorrow. 12 MS. ILLUZZI: 13 THE COURT: Yes. And defense can resume their cross 14 examination, and Ms. Bussy is also going to be called or at 15 least at that door right on the other side where the 16 officer is, and that the defense can either tell you to 17 call her or can call her in some fashion at that point on 18 your case, if they want to, because it is problematic. 19 So similarly, and perhaps hopefully not 20 identically, if there is an analogous situation, please 21 either well at this point please tell defense counsel on 22 the record right now. 23 MS. ILLUZZI: 24 25 May I answer. First of all, Judge, addressing your first issue. We understand the Court is saying regarding Ms. Page 2385 1 Bussy, but allow me to say we never spoke to Ms. Bussy, so 2 we heard this secondhand. 3 THE COURT: Not the point, not the point. 4 MS. ILLUZZI: 5 THE COURT: Let me finish. Stop staying that, stop saying things 6 like you know it is secondhand, and stop saying we never 7 wrote it down. 8 9 10 MS. ILLUZZI: Okay, Judge. The thing is we don't know if it was before or after the event in question, we don't know. We don't know. 11 We don't know when that brief meeting at the 12 Mercer Hotel was with Gloria Bussy, Tarale Wulff, and 13 defendant, we just don't know. 14 15 16 Regarding Ms. Mann, Judge, we never got in with her every single sexual event she had with the defendant. It was obvious that she had continued to have 17 contact with him. So the only thing we asked her was when 18 do you think was the last time, and she said October of 19 2016, that is what I know. 20 MS. ROTUNNO: We didn't hear October. 21 MS. ILLUZZI: I didn't mean October, 2016. 22 MR. CHERONIS: One issue regarding Ms. Wulff, I 23 agree with the Court's comments the problem is Brady has a 24 timely disclosure application. 25 We are now in a situation where the State had Page 2386 1 evidence we believe is potentially exculpatory or 2 impeachment evidence, we did not get that until after all 3 the witnesses testified, not with Bussy, who probably has 4 been following the case, not returned any of my calls 5 whether out of the country or not, not returned any text 6 messages. 7 In a normal situation when we get this information 8 when the State gets it from Mr. Wigdor, we tried to take 9 down the witness and talk to them in a non dramatic fashion 10 before the trial started, before Ms. Wulff's testimony was 11 publicized, so we are in a situation where we were caught 12 by surprise, where we were sandbagged and now we are trying 13 to play catch up. 14 That is not fair, that is a violation of Brady, 15 and in a situation like this to recall Tarale Wulff and 16 make Ms. Bussy available, we do not think is a sufficient 17 way to clean it up. 18 THE COURT: Mr. Cheronis, no comment on that 19 other than I think you made that record plenty of times and 20 perfectly well. 21 MS. ROTUNNO: With regard to the Ms. Mann issue, 22 we have an e-mail, I know Ms. Illuzzi eluded to this in her 23 letter to us and the Court yesterday. 24 25 We have an e-mail dated April 27th of 2016. that e-mail Harvey's apparently at a hotel, where she In Page 2387 1 reaches out, they make a plan to meet. 2 come up. 3 4 He says I'm in 340 The next response four hours later I feel so fabulous and beautiful, thank you for everything. 5 Is this supposed to be the last sexual encounter? 6 If I look at 2016, not only looking at the e-mails but 7 looking at text messages and phone calls, in 2016 there are 8 nine phone calls and 74 texts between the two of them. 9 We don't have the context of the texts, some that 10 surround this incident, if this is what they are saying is 11 the incident in April. 12 There are no text messages or calls on April, but 13 calls in August multiple, in September multiple, October, 14 November, between the two of them. 15 So I don't know. They continue to see each 16 other. 17 stand is in both grand jurys they stop the contact with her 18 2014 claim. 19 with him. 20 My problem with finding this out on the witness They do not go into any other contact she has Then if you look at any of the notes any detective 21 took, any prosecutors have taken, there is not one mention 22 of a 2016. 23 that maybe there was a sexual encounter, this is all we 24 have. 25 So from this e-mail I was supposed to guess MS. ILLUZZI: That is not true, Judge. In Page 2388 1 February of 2018 the victim says to him that she does not 2 want to feel like she's just a booty call, that is in 2017. 3 MS. ROTUNNO: Right, so -- 4 MS. ILLUZZI: 2017. 5 MS. ROTUNNO: So how do I know how many times they 6 had an encounter after that or what that even means? 7 THE COURT: 8 MS. ROTUNNO: 9 That is why we should have the information. 10 11 I don't know the answer to that. MS. ILLUZZI: I gave them the information I have Judge. 12 THE COURT: 13 COURT OFFICER: 14 ( Jury enters courtroom). 15 THE CLERK: 16 are present. 17 and properly seated? All right, jury is entering. Jury entering. Case on trial continued, all parties Do the parties stipulate the jury is present 18 MS. ILLUZZI: Yes. 19 MR. CHERONIS: 20 THE COURT: Yes. All right, welcome back jurors. 21 Thank you for your promptness again. 22 witness, Jessica Mann. 23 COURT OFFICER: 24 ( Witness enters courtroom). 25 THE COURT: Let's recall the Witness entering. Welcome back, Ms. Mann, if you would Page 2389 1 sit down, settle in, and let me remind you that you are 2 still under oath, and the same rules apply. 3 you the microphone there. 4 MS. ROTUNNO: 5 CROSS EXAMINATION CONTINUED 6 BY MS. ROTUNNO: We are handing Please resume your inquiry. Thank you, Judge. 7 Q Good morning, Ms. Mann. 8 A Good morning. 9 Q I'm going to apologize, I have a cold, so if you do not 10 hear me just ask me to repeat the question, okay? 11 A Okay. 12 Q I'm going to probably go over a few things we discussed 13 already on Friday, just to give some things context. 14 Did you speak to anybody about your testimony over the 15 weekend? 16 A No. 17 Q Did you have any conversations with anybody about what 18 you testified to here? 19 A No. 20 Q When you testified on direct examination and on cross 21 examination on Friday, we talked a lot about your friend Talita, 22 correct? 23 A Yes. 24 Q And there was, I think some issues about at what point 25 you knew Harvey Weinstein was only interested in you as an Page 2390 1 actress, correct? 2 A Could you say that again. 3 Q There was conversation about at what point you knew Mr. 4 Weinstein was no longer interested in Talita as an actress, 5 correct? 6 MS. ILLUZZI: Objection. 7 THE COURT: 8 Overruled. So, are you able to answer that question? 9 A I believed he was interested in her as an actress. 10 Q Well, when you testified on direct examination on 11 Friday, Ms. Mann, you said after you met Mr. Weinstein at the 12 party, while he came to see you the second time, you asked about 13 your friend Talita, and he said don't say anything, but no, I'm 14 not interested in her, I felt a little guilty because she was 15 the first one that was talking to him and he took my number and 16 he just said he would follow up with me, correct? 17 A From that, in that conversation, yes. 18 Q So, you knew at the first time you met Mr. Weinstein, 19 20 21 22 the only phone number he wanted was yours, correct? A Incorrect. I mean yes, sorry, because he wanted my phone number, correct. Q Then you said the first time that you met up with Mr. 23 Weinstein after the event at the engagement party you said on 24 direct that you went to Book Soup, correct? 25 A Yes. Page 2391 1 Q And you stated that he knew you liked to read? 2 A Yes. 3 Q Ms. Mann, how many conversations had you had with Mr. 4 Weinstein between the event at Mr. Lambert's engagement party 5 until the time you saw him at Book Soup? 6 7 A When he pulled me aside, that is when he mentioned the book store. 8 Q So, you had talked about that at the party? 9 A He asked me something about like my interests, and I 10 11 12 said I like to read. Q And so, Ms. Mann, you testified on multiple times in this case, correct, before Friday? 13 A I don't know what you mean. 14 Q This is not the first time you have given testimony in 15 regard to this circumstances, correct? 16 A You mean when I met with like the District Attorney? 17 Q No, you went to two grand jurys, correct? 18 A Yes. 19 Q You know when you are in a grand you are actually 20 testifying, correct? 21 A Yeah, I just don't know legal terms. 22 Q Lawyers from this side asked you questions, correct? 23 A Yes. 24 Q You answered them, correct? 25 A Yes. Page 2392 1 2 Q There is no one like me or Mr. Cheronis or Mr. Aidala in that room asking questions of you, correct? 3 A At the grand jury, that was correct. 4 Q You did that twice, right? 5 A Yes. 6 Q Did you do that in Los Angeles as well? 7 A I have not. 8 Q Have they asked you to do that in Los Angeles? 9 A I asked them to just give me space until this trial is 10 over. 11 Q Then they will have you go in? 12 A If, I don't know if I decided on that. 13 Q And with regard to you going before the grand jury, you 14 never before said Mr. Weinstein knew that you liked to read, 15 correct? 16 MS. ILLUZZI: 17 THE COURT: 18 Objection. I didn't hear the end of the question. 19 Q 20 correct? You never said Mr. Weinstein knew you liked to read, 21 MS. ILLUZZI: 22 THE COURT: Objection. Overruled. 23 A I don't think so. 24 Q You talked about meeting Mr. Weinstein at Book Soup and 25 having friends with you, correct? Page 2393 1 A Correct. 2 Q You didn't want him to know that you brought friends, 3 correct? 4 A Correct. 5 Q You would not normally bring friends to a business 6 meeting, correct? 7 A Depends on how I felt about it, but it depends, I have. 8 Q Ms. Mann, you brought friends because you knew Mr. 9 10 11 Weinstein was interested in you and you were not sure how you felt about that, correct? A No. They were staying the night and I had sort of 12 double booked, the timing was off, so I wanted them to just 13 come, I did not know what to do with them. 14 Q When Mr. Weinstein ran into your friends, you knew your 15 friends were going to see him. 16 correct? 17 A 18 19 20 You sent your friends a text, I wanted, well, I wanted them to meet me outside because Harvey wanted to walk me to my car and I didn't drive. Q And you did not want him to know that you had friends there, correct? 21 A I was not sure if it was appropriate or not. 22 Q Because you told them to lie, you sent them a message 23 and told them to lie, correct? 24 A I just said hey, bump into me. 25 Q Which was a lie? Page 2394 1 MS. ILLUZZI: 2 THE COURT: Objection, Judge. Overruled. 3 A I don't see how that is a lie. 4 Q Well, you didn't tell Mr. Weinstein they came with you, 5 right? 6 A He didn't ask me. 7 Q Well, when he said I'm going to walk you to your car, 8 you didn't say I didn't drive, some of my friends came with me, 9 correct? 10 A I didn't say that. 11 Q You stated that you didn't tell him you had driven, you 12 didn't tell him you had driven with friends, so you kind of 13 panicked. 14 A 15 possible. 16 friends, so I was kind of not sure what to do. What were you panicking about? Well, I wanted to be perceived as professional as I just didn't know if it was appropriate to have 17 Q Ms. Mann, at this point you are 27 years old, correct? 18 A Correct. 19 Q And you told them that you wanted them to just bump 20 into you and you introduced them to Harvey and said oh my gosh 21 oh, how ironic we met my friends, correct? 22 A I did say that. 23 Q When you were at Book Soup, you were asked a lot of 24 questions about whether or not you ever felt romantically 25 interested in Mr. Weinstein. Page 2395 1 2 You were asked that about almost every single occasion you met up with him by the District Attorney, correct? 3 A I don't, can you restate the question. 4 Q Everytime you told the ladies and gentlemen of the jury 5 that you met up with Mr. Weinstein, the District Attorney would 6 ask you if you were ever sexually attracted or romantically 7 attracted to Mr. Weinstein, correct? 8 A Yes. 9 Q And everytime you answered no, correct? 10 A Correct. 11 Q And while you were sitting at the book store, Ms. 12 Illuzzi asked you if it was normal or what that interaction was 13 like, what was defendant's mannerisms and demeanor towards you 14 when you met at Book Soup, do you remember that question? 15 A Yes. 16 Q And you stated that he -- there were very few moments 17 where he made a grunting sound and would look at me. I didn't 18 know if it was like a personality, or I hate to say, almost an 19 autistic type of trait, it was a little confusing? 20 A Correct. 21 Q You were confused because at that point he was showing 22 23 24 25 some interest in you, correct? A Um, I didn't necessarily know how to read that. So to say I was sure he was showing interest in me, that is incorrect. Q You suspected, would that be fair to say? Page 2396 1 A Based off of his grunts? 2 Q These are your words, I'm asking you. When you were at 3 the book store, whether based off the grunts, based off him 4 buying you books, based off the way he complemented you, 5 whatever the circumstances is, you knew that he had an interest 6 in you, correct? 7 A I knew he was interested in my acting from what he was 8 telling me. 9 how to perceive that. 10 And the grunting was like I said, I did not know It was not like so overt that I was like oh, that is a sexual thing. 11 Q Did he complement you at the book store? 12 A I do not remember. 13 Q Ms. Mann, we talked a lot about a timeline, correct, on 14 direct and on cross examination. 15 correct? 16 A What do you mean? 17 Q You would say if you are looking at my timeline, if you 18 You brought up a timeline, are referring to my timeline, correct? 19 A I'm still a little confused what you are talking about. 20 Q Did you ever make a timeline in this case? 21 A That is privileged. 22 MS. ROTUNNO: 23 THE COURT: 24 25 May I approach? No, it is not privileged so answer the question. A Did I make a timeline? Page 2397 1 Q Yes. 2 A I started one. 3 Q What did you do with it? 4 A That was for a lawyer. 5 Q What lawyer? 6 A Well, one of the ones I consulted with. 7 Q How many did you consult with? 8 A I don't know off the top of my head. 9 Q More than five? 10 A I don't think so. 11 Q Did you tender that timeline to anyone? 12 A What does that mean? 13 Q Hand it over, give it to someone? 14 A I wrote it in an e-mail to a lawyer. 15 Q You don't remember who that lawyer was? 16 A Um, no. 17 Q And you turned over a lot of e-mails in this case, 18 isn't that correct? 19 A All that I had. 20 Q You turned those over to the D.A's Office, correct? 21 A Yes. 22 Q Did you turn over a timeline to the District Attorney's 23 Office? 24 A No. 25 Q Well, you spoke to Detective Alatorre in Beverly Hills, Page 2398 1 correct? 2 A Yes. 3 Q You spoke to the detective on a phone call, isn't that 4 right? 5 A Yes. 6 Q Also in person, correct? 7 A Yes. 8 Q You knew that your conversation with the detective was 9 recorded, correct? 10 A Oh, I did not know that, they did not tell me. 11 Q Well it was. 12 13 14 15 In that regard, Ms. Mann, you talked about handing over a timeline to Maxine Rosenthal? A Yeah, I was considering working on a timeline like finishing it and stuff as well. Q Well, in that phone call, you said you turned over a 16 timeline because you kept saying to Detective Alatorre I'd 17 rather look at my timeline, I'd rather you look at my timeline, 18 I don't want to have to talk about this, isn't that correct? 19 20 21 22 A Yes, because I wanted to be very concise with details, but I never actually, I didn't turn over a timeline. Q Well, you told Detective Alatorre that you gave one to Maxine Rosenthal? 23 A That was incorrect. 24 Q So, you lied to the detective? 25 A I must have been confused, but I don't know. Page 2399 1 Q You are confused a lot? 2 MS. ILLUZZI: 3 THE COURT: 4 5 Q Objection. Sustained. Let's go through this time frame. When we spoke on Friday, you said I'm confused about dates and times, correct? 6 A It is convoluted. 7 Q I'm going to try to help you because I have a series of 8 e-mails I think will help us put this timeline in perspective. 9 MS. ILLUZZI: 10 11 THE COURT: Q Objection to the commentary. Overruled. Before we get there, I want to ask you one other 12 question with regard to your original meetings with the 13 defendant and with people at his office. 14 You stated that when you met with Barbara Schneeweiss 15 at the Italian restaurant and Harvey Weinstein, you had already 16 given your credits and you gave your representation information, 17 they knew my manager, who my agent was, all that information. 18 That is what you testified to on direct, isn't that correct? 19 A Could you repeat the first part of that. 20 Q Sure. You testified that at your dinner with Barbara 21 Schneeweiss and Harvey Weinstein, which you say was at an 22 Italian restaurant, maybe Dantana's correct, you testified that 23 at that meal, you had given your credits, your representation 24 information, they knew my manager, who my agent was, all of that 25 information, that is what you testified to, correct? Page 2400 1 A Correct. 2 Q And that meeting happened very shortly after you met 3 Mr. Weinstein, correct? 4 A I believe so. 5 Q And you met Mr. Weinstein late 2012 at the party, 6 correct? 7 A I don't know if it was in 2012 or beginning of 2013. 8 Q You knew you met him before you started going to Oscar 9 parties in February of 2013, correct? 10 A Yes. 11 Q And you had many meetings with Mr. Weinstein prior to 12 going to Oscar parties, correct? 13 A A few, yeah. 14 Q And you had the Book Soup meeting before the Oscar 15 parties, correct? 16 A Yes. 17 Q You had had the dinner at Dantana's before the Oscar 18 party? 19 A Yes. 20 Q You had the dinner in the Peninsula when you rubbed his 21 back before the Oscar party, correct? 22 A Yes. 23 Q Well, the first e-mail, Ms. Mann, that you sent, the 24 25 date is April 12, 2013, 2:05 a.m. (Continued on next page) Page 2401 1 2 3 (Continued from the previous page.) Q Ms. Mann, this email is dated April 12, 2013 -- April 11, 2013 at 10:46 p.m. 4 MS. ILLUZZI: Objection, Judge. This is not 5 evidence and we are showing something that's not in 6 evidence to the jury. 7 THE COURT: 8 MS. ROTUNNO: 9 Sustained as to that. Judge, may we approach on the emails? 10 THE COURT: 11 Sure. (Discussion held at the bench, off the 12 record.) 13 (The discussion off the record concluded, 14 and the following occurred in open court:) 15 THE COURT: 16 MS. ROTUNNO: 17 18 Defense X. Thank you. BY MS. ROTUNNO: Q Ms. Mann, I am going to mark what I am calling 19 Defendant's X for identification. 20 please. 21 22 Will you look at this email, Ms. Mann, do you see that email that you sent from your email address on April 11, 2013? 23 A Yes. 24 Q And in that email, that's the first time you mentioned 25 any agent or manager, is that correct? Page 2402 1 2 A Um, I don't recall this being the first time I mentioned an agent but I am talking about an agent here. 3 Q And that's your email address, correct? 4 A That is correct. 5 Q And that email address is -- can you tell the Ladies 6 and Gentlemen of the Jury what that email address is? 7 8 MS. ILLUZZI: THE COURT: THE WITNESS: 12 THE COURT: 13 THE WITNESS: 14 THE COURT: 16 17 18 19 20 21 22 She Is that currently your email address today? 11 15 Irrelevant. is saying it is her email address. 9 10 Objection, Judge. It is my email address. Do you still use it? It's active. So let's just avoid that. BY MS. ROTUNNO: Q Ms. Mann, does that email fairly and accurately descript the words that you spoke on April 11, 2013? A Um, I am assuming this is my email. If that's what you are asking, yes. Q I am. MS. ROTUNNO: Judge, may we submit this into evidence and put the email up? 23 MS. ILLUZZI: 24 THE COURT: 25 MS. ILLUZZI: No objection. No objection, correct? No objection. Page 2403 1 THE COURT: So Defense X is received into 2 evidence without objection and because just like the 3 People's similar emails earlier in the case, the foundation 4 was stipulated to and it is ruled relevant. 5 MS. ILLUZZI: Thank you. 6 MS. ROTUNNO: Brian, take the email address off. 7 8 9 BY MS. ROTUNNO: Q Ms. Mann, in this email you are stating that you have an agent who wants to know the point people for the creative 10 and end of Vampire Academy. Last I heard, three girls were up 11 for the role of Natalie and Mia's (sic) break down was one out 12 which is who I want to audition for and Barbara hasn't returned 13 my last emails regarding Vampire Academy. 14 think no one is taking me will seriously, correct? I am beginning to 15 A Correct. 16 Q Ms. Mann, that email goes out in April of 2013, is 17 that correct. 18 A I guess, yes. 19 Q And you send that email out directly to Harvey 20 Weinstein, correct? 21 A Yes. 22 Q And you didn't send that email to Barbara Schneeweiss, 23 correct? 24 A Correct. 25 Q And you wanted Harvey to know that no one is taking Page 2404 1 you seriously, is that right? 2 A Um, yes. 3 Q And he actually responded to you and gave you a 4 solution about what to do and who you should call, correct? 5 A Um, I yeah. 6 Q And he told you to call Tom, is that right? 7 A I don't remember what the response was. 8 Q And in that email, Ms. Mann, I just want to draw your 9 attention to one issue. On direct examination you talked to 10 the -- the prosecutor asked you questions and she asked you 11 about the role in Vampire Academy, correct? 12 A Yes. 13 Q And you said that you thought -- you started to 14 realize that this was kind of a sham because the person that 15 you would play was too young, correct? 16 A 17 like 17. 18 something was off. 19 20 Q I -- when I read the script I saw that the ages were And that was one of the first red flags that Well, Ms. Mann, they sent you a list of all of the potential roles and you chose Mia, correct? 21 A So -- 22 Q Ms. Mann, it's yes or no. 23 MS. ILLUZZI: Objection. 24 THE WITNESS: I don't remember the list. 25 Objection, Judge. remember what happened around this time from my I Page 2405 1 perspective. 2 3 4 THE COURT: Q Overruled. And you actually chose the role you wanted to read for, correct? 5 A Well, the reason Mia came up -- 6 Q That's not the question I asked you. 7 MS. ILLUZZI: 8 THE COURT: 9 So Ms. Mann -- 10 THE WITNESS: 11 THE COURT: 12 Judge, let her answer, Judge. Overruled. Yes. -- please listen carefully to the questions that the attorney is asking you. 13 THE WITNESS: 14 THE COURT: I am trying. Answer them to the best of your 15 ability but don't give more information than what the 16 question strictly calls for, especially on 17 cross-examination. 18 Frequently, attorneys will ask questions that 19 calls for a yes or no or I cannot answer that question with 20 a yes or no. 21 anybody to answer with a yes or no, please answer with a 22 yes or no, okay? 23 24 25 So to the extent that it does not mislead THE WITNESS: Okay. BY MS. ROTUNNO: Q So Ms. Mann, you chose which part you wanted to read Page 2406 1 for, isn't that right? 2 A That cannot be answered with a yes or no. 3 Q Well, Ms. Mann you received an email from Neely NEELY, 4 Eisenstein, EISENSTEIN at Marci Liroff Casting, correct? 5 A Yes. 6 Q And you received that email on April 12 of 2013, 7 correct? 8 A I am not looking at the email, but I guess so. 9 Q I will show it to you. 10 MS. ROTUNNO: Marking as Defense Y. 11 pages. 12 Q Do you recognize that email? 13 A So this wasn't to me. 14 Q Look at the last page. 15 A This was to Courtney, not to me. 16 Q Here is the rest of it. 17 This is the first page. This is the email, Ms. Mann, that you sent over to Ms. Rosenthal. 18 19 It is two This is the email that you sent over to Maxine Rosenthal at the DA's Office with this information. 20 Now does this make sense? 21 A Yes. 22 Q So you received information that you were supposed to 23 go and read for Vampire Academy, correct? 24 A Yes. 25 Q And you were excited that you got that email because Page 2407 1 then you sent an email to your agent or manager or whoever that 2 is, correct? 3 A That's not quite the order of events. 4 Q Well, did you send this group of emails out to an 5 agent or a manager to say, give me some tips? 6 A Did I send this email to my managers? 7 Q Yes. 8 A Well, this email is from Neely to Courtney. 9 Q And then, Ms. Mann, look at the first email on that 10 list. 11 A Okay. 12 Q Now do you understand? 13 A Okay. 14 Q Now do you understand? 15 A I think so. 16 Q And so, you knew the day after you reached out to 17 Harvey asking for information on vampire academy, the next day 18 you received actual booking time, correct? 19 A Yes. 20 Q And then subsequently after that Defense Z, do you 21 recognize that email? 22 A I do. 23 Q And read to the Ladies and Gentlemen of the Jury what 24 25 that email says? A I appreciate all you do for me. It shows. Page 2408 1 2 3 MS. ILLUZZI: Q Sorry, Ms. Mann. Judge, again. Does that email accurately depict what you sent on April 12, 2013? 4 A I did send this. 5 Q Is that in the same condition as it was at the time 6 7 you sent it other than the fact that it is a paper copy? A I think so. 8 9 MS. ROTUNNO: the jury. 10 THE COURT: 11 MS. ILLUZZI: 12 Okay. MS. ROTUNNO: 14 THE COURT: 16 17 18 Yes. Yes. Defense Z is received into evidence. BY MS. ROTUNNO: Q I am asking that it be published to the jury, April 12, 2013, 7:52 p.m. 19 20 We don't object, Judge, to this being marked in evidence, if that's what you are asking. 13 15 I am asking that be published to And you said, I appreciate all you do for me. It shows, correct? 21 A Yes. 22 Q And now, Ms. Mann, this is April of 2013? 23 A Correct. 24 Q I am going to take you back to Oscar season when you 25 started seeing Mr. Weinstein more regularly after you met him Page 2409 1 at the party, okay? 2 A Okay. 3 Q Prior to the two Oscar parties that you attended in 4 February, you testified that you went to the Peninsula and had 5 dinner with Mr. Weinstein, correct? 6 A Yes. 7 THE COURT: 8 MS. ROTUNNO: 9 Q This is 2013? Yes. And this is the incident where you say Mr. Weinstein 10 asked to give you a massage and then you ended up giving him a 11 massage, correct? 12 A Correct. 13 Q And you said at that dinner he started to ask more 14 personal questions of you, how you grew up, he asked about your 15 parents, your family, isn't that right? 16 A Yes. 17 Q And you were asking him questions about his family and 18 his life too, is that correct? 19 A No. 20 Q Well, Ms. Mann, when people ask you questions about 21 your personal life that's what happens on a date, would that be 22 fair to say? 23 MS. ILLUZZI: 24 THE COURT: 25 THE WITNESS: Objection. Overruled. We didn't talk about him. He just Page 2410 1 talked about me. 2 Q 3 Well, when you go out on dates, Ms. Mann, do men ask you things about your personal life at dinner? 4 MS. ILLUZZI: 5 THE COURT: 6 THE WITNESS: Objection, Judge. Overruled. I think in any conversation when 7 you are getting to know someone and on dates included it 8 happens. 9 Q So you said that you thought that was very odd but it 10 was fairly normal to have a conversation about who you were and 11 where you came from, correct? 12 A Can you say that again? 13 Q I said, when you are getting to know someone -- you 14 said that that conversation was odd. 15 16 When you are getting to know someone, that is a fairly common conversation to have, correct? 17 A Aspects of his questions were odd. 18 Q And you continued to answer them, correct? 19 A Yes. 20 Q And they weren't odd enough for you to get up from the 21 table and leave the Peninsula, correct? 22 A Well, I didn't leave. 23 Q And they weren't so odd that you said, I am not going 24 25 up to your hotel room with you, correct? A Um, correct. Page 2411 1 Q And, Ms. Mann, when people were coming up to Mr. 2 Weinstein during that dinner, talking to him and interrupting 3 both of you, he was distracted, correct? 4 A He was irritated. 5 Q He was irritated because he was having dinner with you 6 and people were interrupting, correct? 7 A I guess that's an assumption. 8 Q And in that period of time when he says, I am done 9 10 down here; I am taking the food upstairs, you could have left The Peninsula, correct? 11 A I could have. 12 Q That would have been a perfect time for you to say, 13 you know what, dinner is over, it was nice to see you, I will 14 see you again, correct? 15 A That could have happened. 16 Q That's not what you did, right? 17 A That's not what I did. 18 Q And you stated that that was the incident where he 19 asked to give you a massage, you said no, and you ended up 20 giving him a massage, correct? 21 A Yes. 22 Q And, again, on direct examination the prosecutor asked 23 you if you were ever physically or romantically interested in 24 Mr. Weinstein, correct? 25 A Correct. Page 2412 1 Q And you said, no, correct? 2 A I am not. 3 Q But you put lotion on your hand and put it on Mr. 4 Weinstein's back, correct? 5 A I did. 6 Q And when you were talking about that instance on 7 direct examination on Friday and Ms. Illuzzi asked you during 8 that incident whether you were ever physically or romantically 9 interested in the defendant, you started the answer by saying, 10 if he would have give me a compliment or something like that -- 11 no, I was um -- and then you were stopped. 12 13 So explain to me what you meant by, well, if he gave me a compliment or something like that? 14 A What was the question? 15 Q The question was, at this time, Ms. Mann, were you 16 either physically or romantically interested in the defendant. 17 Now, this is while you are in the Peninsula and he is 18 lying on his stomach on the bed and you are about to give him a 19 massage. 20 And Ms. Illuzzi asked you, at this time, Ms. Mann, 21 were you either physically or romantically interested in the 22 defendant? 23 And you started to answer, if he would give me a 24 compliment or something like that, you know, I was -- um and 25 then you were stopped. Page 2413 1 2 3 So why don't you explain to me what you meant by, if he was giving me a compliment or something like that. A 4 5 Okay. It's a -- my brain -- it's a little stuck. So I am not sure where my mind was going exactly with that answer but Harvey would compliment me and -- 6 Q What type of compliment? 7 A Um, I am still trying to answer the first question. 8 9 So I am not sure I understand. But he, Harvey, would be very charming and complimentary. 10 Q And what would he say? 11 A I think I mentioned earlier he told me -- I don't 12 believe it but that I look prettier than Natalie Portman, 13 things like that. 14 Q Well, Ms. Mann, he said that to you a lot, correct? 15 A I don't know how much he said it to me. 16 Q More than once? 17 A He did say it more than once. 18 Q He said it to other people about you, isn't that 19 right, in your presence? 20 A I am not sure. 21 Q Well, at one point, Ms. Mann, Mr. Weinstein helped get 22 you a job cutting hair, is that right? 23 A Against my will, yes. 24 Q He helped you get a job against your will? 25 A Yes. Page 2414 1 2 Q So when he reached out to Frederic Fekki, and you know who Frederic Fekki? 3 A Yes. 4 Q Whose Frederic Fekki? 5 Tell the Ladies and Gentlemen of the Jury who Frederic Fekki is. 6 A A celebrity stylist. 7 Q And a well-known celebrity stylist, right? 8 A I guess. 9 Q He has his own product line, correct? 10 A Yes. 11 Q You can go into stores and find it? 12 A Correct. 13 Q High-end stores, Walgreens, it's everywhere right? 14 A Correct. 15 Q And Harvey reached out to Frederic Fekki on your 16 behalf, correct? 17 A I didn't want him to but he did. 18 Q And, Ms. Mann, you stated that you didn't want him to, 19 but you responded to multiple emails being grateful to him for 20 his help, correct? 21 A I was always, um, pleasant to Harvey. 22 Q Ms. Mann, let's talk about, always being pleasant. 23 You knew that when you sat down to be prepared to 24 testify in this case, that your words were going to be a 25 problem for you on stand, isn't that right? Page 2415 1 MS. ILLUZZI: 2 THE COURT: 3 THE WITNESS: Objection. Overruled. My words aren't a problem. I just 4 want to be able to actually explain what went in the under 5 belly of everything and why email land is different and why 6 my behavior on email I did to protect myself and I haven't 7 had the opportunity to fully explain the dynamics outside 8 of that. 9 BY MS. ROTUNNO: 10 Q And, Ms. Mann, you sat down with these District 11 Attorneys and many other District Attorneys before them, 12 correct? 13 A From who? 14 Q Before Ms. Illuzzi and Ms. Hast, there have been other 15 District Attorneys involved in this case, correct? 16 A I did meet with the LA DA. 17 Q But you met with other New York DAs, Maxine Rosenthal, 18 Kevin Wilson? 19 A I remember Maxine. 20 Q And they told you from day one that your emails were a 21 problem, correct? 22 MS. ILLUZZI: 23 THE COURT: 24 25 Q Objection, Judge. Sustained. Well, you knew from day one you were going to have to explain away the dynamic in those emails, correct? Page 2416 1 MS. ILLUZZI: 2 THE COURT: 3 that question. 4 Q 5 7 THE COURT: 8 THE WITNESS: Objection, Judge. Overruled. I don't consider the truth a problem. Q 11 12 You can ask a problem for your testimony, correct? MS. ILLUZZI: 10 Sustained as to form. Ms. Mann, you knew that your words in your emails were 6 9 Objection. Ms. Mann, we are going to get to that. But you spoke words when you were sitting at a computer, correct? 13 A When I sent emails? 14 Q Yes. 15 A Yes. 16 Q And you typed those words when you were sitting at a 17 desk, on a laptop or from your phone or wherever you were 18 typing them, you were typing them that way? 19 A Did I send the emails, yes. 20 Q And you sent them when you were in Los Angeles, 21 correct? 22 A Well, which ones? 23 Q Well, sometimes you were in Los Angeles, right? 24 A Are you talk talking that I sent to Harvey? 25 Q Ms. Mann, we are talking about where you were Page 2417 1 physically, your physical person. 2 MS. ILLUZZI: 3 THE COURT: As to when, Judge? Overruled. 4 Q Sometimes you sent them from Los Angeles, correct? 5 A I guess, yeah. 6 Q Sometimes you sent them from Washington if you were 7 visiting your family? 8 A Yeah. 9 Q Sometimes you sent them from Germany when you were 10 traveling, correct? 11 A Yes. 12 Q Sometimes you sent them from Las Vegas, correct? 13 A Yes. 14 Q Sometimes you sent them from New York? 15 A I guess there might have been some from New York. 16 Q And every time you sent those emails, Harvey Weinstein 17 was not there typing for you, correct? 18 A Correct. 19 Q And every time you sent Harvey Weinstein your new 20 phone number, no one forced you to do that, isn't that right? 21 A Nobody forced me. 22 Q Well, Ms. Mann, if you didn't want Mr. Weinstein to 23 have your phone number you could just not give it to him, fair 24 to say? 25 A Sure. Page 2418 1 Q Ms. Mann, at least on five occasions you changed your 2 phone number from 2013 to 2018 -- 2017 and all five times you 3 sent him your new number, right? 4 A There was a reason but, yes. 5 Q And the reasons, Ms. Mann, was that you still wanted 6 the benefit of what he had to offer you, isn't that right? 7 A That's your version of the reason. 8 Q It's really not my version. 9 10 It is the version of the facts and the facts are that you still wanted to go to every Oscar party ever year? 11 A I didn't go every year. 12 Q You went to every one but one, correct? 13 A Um, not past 2016. 14 Q You went in 2013, correct? 15 A 2013. 16 Q 2014? 17 A No. 18 Q We will get there. 19 A Well, then one of those I didn't go to. 20 Q You don't remember which one? 21 A I thought it was 2014 but I am not good at that. 22 am -- 23 Q Do you remember why you didn't go? 24 A Um, in the one -- 25 Q Anyone that you didn't go to, do you remember why up I don't remember 2014. 2015? I Page 2419 1 didn't go? 2 A Yes. 3 Q Why? 4 A Because I didn't want to. 5 Q We are going to go through those messages, Ms. Mann. 6 7 And, Ms. Mann, you stated that you want to tell the truth, correct? 8 A I do. 9 Q But in your entire relationship with Mr. Weinstein you 10 lied to him every single time you engaged with him, isn't that 11 true? 12 A In what way? 13 Q Well, you made him believe that you wanted to be 14 there, isn't that right? 15 A For my safety, yeah. 16 Q Well, Ms. Mann, you sent him emails telling him how 17 wonderful he was, isn't that right? 18 A Yes. 19 Q You sent him emails thanking him? 20 A Yes. 21 Q You sent him emails asking him for things? 22 A A few times, yes. 23 Q And never one time, in one email did you ever say, you 24 25 know what, I am not that in to you? A I did try to express myself to him. Page 2420 1 Q In your emails? 2 A I think so. 3 Q Did you find one email as you were going through your 4 messages that you gave to the prosecutors and said, you know 5 what, this is the one where I was really trying to walk away? 6 A I think there is evidence in my emails. 7 Q We are going to go through them. 8 I want to get into the very specific timeline 9 regarding Oscar season 2013 because it's very important to some 10 of the things that you have testified to. 11 Now, you stated that after meeting him and after the 12 massage incident, he was asking you about you giving him a 13 haircut, correct? 14 A Can you restate that? 15 Q After the incident at The Peninsula where you gave him 16 a massage, he wanted you to cut his hair, correct? 17 A Yes. 18 Q And you told the Ladies and Gentlemen of the Jury that 19 you did not cut his hair, correct? 20 A Yeah, I don't recall cutting his hair. 21 Q Well, you made an appointment to cut his hair at five 22 o'clock p.m. sometime around the February 23rd Oscar Party, 23 correct? 24 A In like my calendar or something or -- 25 Q I am asking. Page 2421 1 A I don't remember. 2 Q So the first party that you went to as a guest of 3 Harvey Weinstein was the February 23rd Oscar Party and that was 4 the premiere party at the Soho House, isn't that correct? 5 A I am trusting what you are saying is correct. 6 Q Mark this as Defense AA. 7 two page email. Ms. Mann, I am handing you a Do you recognize that? 8 A Yes. 9 Q And, Ms. Mann, the second or the third page of that is 10 actually the Oscar Party that's referenced in that email, 11 correct? 12 A Okay. 13 Q And that email references an invitation for you and a 14 guest to both parties February 23rd and February 24th, correct? 15 A Yes. 16 Q And did those -- does that accurately depict the way 17 it looked when you received that email and that invitation? 18 A I don't remember but I am sure it probably is. 19 Q And you went to both of those parties, correct? 20 A I think so. 21 22 23 24 25 MS. ROTUNNO: I am asking that the evidence mark be stricken and that these emails be moved into evidence. MS. ILLUZZI: The evidence mark be stricken? am confused. MS. ROTUNNO: The identification be stricken. I Page 2422 1 2 3 4 THE COURT: So Defense double A is received into evidence and we will shield the identifying part. BY MS. ROTUNNO: Q Ms. Mann, you responded to this invitation, saying 5 thank you so much and you would attend the party at the Soho 6 House on February 23rd, isn't that right? 7 A Yes. 8 Q And you did attend the party at the Soho House on 9 February 23rd, correct? 10 A I think so, yes. 11 Q And that was shortly after meeting Mr. Weinstein, 12 correct? 13 A Yes, it's all in that timeframe. 14 Q Now, do you remember cutting his hair before this 15 16 17 18 party? A I know there was one year I did cut his hair before the Oscars but I don't think it was this one. Q I am not sure. And when you went to this party, Ms. Mann, you had 19 already spent some significant time with Mr. Weinstein from the 20 time that you met him until you went to this party, correct? 21 A It's -- yeah. It felt like it was kind of back to 22 back. 23 Q So you saw him a lot, correct? 24 A I think so. 25 Q Because he was in LA for a long period of time, Page 2423 1 correct? 2 A I don't know how long he was in LA for but I know when 3 he wanted to see me, he wanted to see me and it felt like it 4 was back to back. 5 Q And you would meet him? 6 A Yes. 7 Q From -- and there are some meetings that you would 8 have that aren't documented in any emails, correct? 9 A I don't know. 10 Q He would call you sometimes? 11 A I don't know. 12 Q You don't remember if he called you on the phone? 13 A I don't. 14 Q And when you would have these back to back meetings It's long time ago. 15 with him, you have told us on direct that you went to the Soho 16 House, correct? 17 A I do remember going to the Soho House. 18 Q And you said when you went to the Soho House there was 19 an Italian actress that you met at the party in the Soho House, 20 correct? 21 A Yes. 22 Q And that Italian actress was the photograph that the 23 DA showed you of Emanuela Postacchini, correct? 24 A Yes. 25 Q And Emanuela was wearing a red dress in that photo, Page 2424 1 correct? 2 A Yes. 3 Q And you said that that was really similar to what she 4 was wearing the day that you met her, correct? 5 A Yeah. 6 Q And that's because it was an Oscar party, correct? 7 A Yes. 8 Q And people are dressed up when they go to those 9 parties, correct? 10 A Yes. 11 Q And that's the same evening that you engaged in the 12 three-some, the night that you met her, correct? 13 A I am not sure. 14 Q Well, you said it was the night you met her at the 15 Soho House, correct? 16 17 MS. ILLUZZI: 20 21 That's not -- objection. 18 19 Objection. THE COURT: Sustained. Clarification. BY MS. ROTUNNO: Q Well, Ms. Mann, on direct examination you stated that you met Ms. Posticcini at the Soho House, correct? 22 A I did meet her there, yes. 23 Q And you said that she was dressed up, correct? 24 A Yes. 25 Q And you said that it was soon after that that you were Page 2425 1 in a hotel room with her and Mr. Weinstein, correct? 2 A Yes. 3 Q And because you are unclear on dates, I want to show 4 5 6 7 8 you what party that was? A party. Q And you said on direct examination that later that night she was in the hotel room? 9 10 I know that that's where I met her, at a Soho House MS. ILLUZZI: THE COURT: 12 MS. ROTUNNO: 13 THE COURT: 15 Q I will find it. Okay. I will come back to be that. We will move on. You were asked this question and did you give this answer. 18 19 Sustained. BY MS. ROTUNNO: 16 17 That's -- objection. That's not the testimony. 11 14 Objection. THE COURT: Q Page? 2246, line three, did there come a time when the 20 defendant asked you to engage in a sexual act that was 21 different from the other sexual acts, that is a yes or no? 22 Answer, yes. 23 And did there come a time when there was another woman 24 25 involved? Answer, yes. Page 2426 1 Can you describe that to the jury? 2 It started out when I was at a Soho House party and he 3 wanted to introduce me to a friend. 4 friend and didn't say why and that night he wanted to see me, 5 so I went to his room. 6 He introduced me to a A short period of time after I was there this other 7 woman showed up and he wanted to have a three-some. 8 Isn't that what you testified to? 9 A Yes. 10 Q And that was the night after you met her at the Soho 11 House, correct? 12 A It's possible. 13 Q And, Ms. Mann, the next day -- may I have the next 14 page of that. 15 So after you told the Ladies and Gentlemen of this 16 Jury about how you felt and how you went into the bathroom and 17 you were upset and crying and sad, the next day you went to a 18 party that Mr. Weinstein invited you to, isn't that right? 19 A Yes. 20 Q And it was after that party that you and Talita go 21 back to the Montage with Mr. Weinstein, isn't that right? 22 A That's not how I remember. 23 Q Well, I am showing you the dates Ms. Mann. 24 A Um, it doesn't -- no. 25 Q Well, Ms. Mann, you went back to the Montage with Page 2427 1 Talita after one of the Oscar Parties, correct, in 2013? 2 A Um, I know we -- well this says the Mondrian. 3 Q It was just the next day. 4 5 So the party was at the Mondrian and then you went to the Montage? 6 A I don't know. 7 Q Ms. Mann, let me ask you this, the event with Talita, 8 when you were in a hotel room at the Montage happened before 9 you went to New York in March of 2013, correct? 10 A Can you say that again? 11 Q The event at the Montage with Talita, where you both 12 go up to Mr. Weinstein's hotel room, happened before you came 13 to New York in March of 2013? 14 A Yes. 15 Q And the night that Mr. Weinstein invited you back up 16 to the Montage was the second night of the parties, correct? 17 A I don't know if that's correct. 18 Q Well, you saw him both nights, correct? 19 A I saw him in that time period, it felt like back to 20 back. 21 Q 22 Right. It was back to back. So I am showing you. You took Talita to this party, correct? 23 A I know we went to parties. 24 Q And did Talita go with you the night that you met 25 Emanuela? Was she there? Page 2428 1 A You mean to the party or to the hotel? 2 Q To the party. 3 A Talita was at that party. 4 Q And that was the day before you and Talita went up to 5 Mr. Weinstein's room? 6 A That was the day before -- can you say that again? 7 Q That was the day before? 8 A Uh-hum. 9 Q You and Talita went up to Mr. Weinstein's room? 10 A I don't know. 11 It's -- my brain is a little. doesn't make sense from what I remember. 12 Q 13 the dates. It doesn't. You are right but I am just looking at 14 MS. ILLUZZI: 15 THE COURT: 16 17 18 It Objection, Judge. Sustained as to the editorial comments. BY MS. ROTUNNO: Q And you testified on direct examination on Friday that 19 Mr. Weinstein would talk very dirty to you about fantasies and 20 things and compare me to other actresses and that we were doing 21 kinky, kinky, dirty things. 22 correct? 23 A Yes. 24 Q Ms. Mann, you have talked to law enforcement, District 25 He always wanted to film me, Attorneys and investigators for two years about this testimony, Page 2429 1 correct? 2 A During -- yeah, over the last two years, yes. 3 Q And not one time have you ever told anyone those 4 things, isn't that right? 5 A No, I have talked about that. 6 Q When? 7 A I am sorry. 8 Q When? 9 A When did I -- 10 Q When because you didn't talk about it in the Grand 11 Juries, correct? 12 A Okay. 13 Q I will make it a little simpler. 14 What's the question again? You told the jury that he would talk very dirty to you 15 about fantasies and things and compare you to other actresses 16 and that he said you were doing kinky things, kinky dirty 17 things with him and he always wanted to film me, correct? 18 A He would talk about the kinky dirty things that he was 19 doing with other actresses and then, yes, that he wanted to 20 film me. 21 Q And other than him saying he wanted to film you, any 22 of this kinky or dirty conversation at any point in time, did 23 you ever testify about that in either Grand Jury? 24 A I don't recall. 25 Q And did you ever tell Detective Alatorre that when Page 2430 1 2 3 4 they recorded you? A Well, I wanted to meet with them. I wasn't going into the whole story. Q 5 Jessica, that's not the question I asked. Did you tell Detective Alatorre those things? 6 A On that first phone call I had with her? 7 Q I don't know how many you have had. 8 9 10 11 12 All I know is I have one about an hour long. A Well, if it is not on the recording, I didn't tell it to her on that first conversation. Q How many times did you -- would you say you told that to District Attorneys or law enforcement? 13 A I don't know how to give you a number. 14 Q Jessica, you are the one that was answering the 15 questions. 16 answer that question. 17 you don't. 18 A I don't know. 19 Q After the second night at the Montage, when you and I can't put those words in your mouth. If you know, you know. You have to If you don't, 20 Talita went to Mr. Weinstein's room, when is the next time you 21 saw him? 22 A 23 Well, I remember it being -- I remember the three-some thing happening after that. 24 Q But you know you met her at the Soho House, correct? 25 A Yes. Page 2431 1 2 Q And there were no more fancy parties at the Soho House after the Oscar season was over, is that fair to say? 3 A For that year I don't think so. 4 Q Because every time you were invited to a fancy party 5 you received an invitation like I showed on screen, correct? 6 A 7 get that. 8 Q 9 Not always I don't think but it's pretty general to Well, every Oscar season there was an email sent to you, would that be fair to say? 10 A I think so. 11 Q And every screening or movie premier that you went to 12 there were emails for those? 13 A Yes. 14 Q And you always confirmed that you were on the list, 15 correct? 16 A I did always go but -- 17 Q Well, they would let you know that you were confirmed, 18 correct? 19 A I guess so. 20 Q And if you said, you couldn't go, then you couldn't 22 A Yeah. 23 Q Ms. Mann, you stated on Friday that Mr. Weinstein's 21 24 25 go? approval would have meant so much to you, correct? A Yes. Page 2432 1 Q 2 correct? 3 A Um, sometimes. 4 Q Sending you messages telling you he was proud of you, 5 correct? 6 A He did say stuff like that. 7 Q Sending you messages saying you deserve any good thing 8 But Mr. Weinstein was constantly complimenting you, coming your way, correct? 9 A Yes. 10 Q And you were traveling in Berlin and sent messages and 11 he would respond very favorably, correct? 12 A Yes. 13 Q And you didn't find one email in the five years that 14 showed that Mr. Weinstein was negative or pushy or difficult in 15 any way, is that true? 16 17 18 A Well, I knew him and I knew how to read between the lines and some of his responses -Q So when he would say things to you like, you deserve 19 it, after you would tell him something great happened to you, 20 that was a compliment, correct? 21 A That was a compliment. 22 Q After he would tell you that you were beautiful, that 23 was a compliment, correct? 24 A Sure. 25 Q After he would tell you it was the best haircut he Page 2433 1 ever had, that was a compliment, correct? 2 A Or manipulation. 3 Q Ms. Mann, let's talk about manipulation. 4 5 6 You manipulated Mr. Weinstein every single time yourself, isn't that correct? A I guess there is an aspect to how you -- I felt I 7 needed to protect myself that maybe you could say is 8 manipulating. 9 10 Q And every time you made him think you wanted to have a sexual encounter with him, you manipulated him, correct? 11 A What do you mean? 12 Q Every time you engaged in consensual and sexual 13 encounters with Mr. Weinstein you manipulated him, correct? 14 A Yes. 15 Q You made him think you wanted to be there, isn't that 16 right? 17 A No, that is not correct. 18 Q So when you decided to have a relationship with Mr. 19 Weinstein you said, I wanted to try to have a normal 20 relationship, you lied to him, correct? 21 A Say that again. 22 Q When you said that you wanted to try to have a normal 23 24 25 relationship with Mr. Weinstein, you were lying to him? A When I made the decision that I felt I had to be in a relationship of how I processed everything, I did think it was Page 2434 1 2 3 going to be a normal relationship but it wasn't. Q And you told him that you wanted a normal relationship with him, correct? 4 A Say that again. 5 Q You told him that you wanted a normal relationship 6 with him, correct? 7 A Yeah, but he wouldn't even -- 8 Q Jessica, you used -- 9 10 MS. ILLUZZI: THE COURT: 12 another. 13 BY MS. ROTUNNO: Q 15 16 17 Let her finish, please, Judge. 11 14 Objection. Just don't talk over each Start again. Jessica, yes or no. THE COURT: Q Sustained. Just ask the question. You told Mr. Weinstein you wanted to have a normal relationship with him? 18 A I can't answer that with a yes or no. 19 Q And every time you went to see him and you engaged in 20 sexual behavior with him, that was consensual, you made him 21 thing you wanted it? 22 A After a long negotiation at times, then yes, I would 23 put on the face and do what I said earlier which is like role 24 playing. 25 Q When you say -- describe role playing for me. Page 2435 1 A Yes. 2 Q What your definition of it is. 3 A Well, when I didn't think that he could have actual 4 sex, I thought we were -- we were creating the fantasy as if he 5 was having actual sex. 6 Q And you engaged in that with him, correct? 7 A Yes. 8 Q And you were happy to do that, correct? 9 A I wasn't happy to do it. 10 Q Well, you did it? 11 A I did it. 12 Q And you didn't say to him, I don't want to do this 13 with you? 14 A 15 16 17 there was a negotiation and me trying to not do something. Q What would you say, if you give me a script I will do this for you? 18 19 Oftentimes before we would engage in something sexual, What negotiation are you talking about? A So the more I realized I was feeling like I was just 20 being used, I tried to not have sexual encounters with him and 21 we would get in this back and forth about it, where, you know, 22 I would -- I would sometimes try to make excuses or try not to 23 have -- to be sexual. 24 25 And there was just this back and forth and then at a certain point I would have just kind of give in or he would Page 2436 1 just want to masturbate while holding me. 2 would say, a negotiation. It would be a, I 3 Q 4 correct? 5 A Yeah because I wanted to reduce what he wanted from Q Jessica, you could have walked away from Harvey 6 7 8 And you would engage in that negotiation with him, me. Weinstein and never seen him again, correct? 9 A Not from my point of view. 10 Q Well, Jessica, your point of view, you talked about 11 staying with him because you thought he was going to hurt your 12 father, correct? 13 A He did threaten my father to me. 14 Q Well, Jessica, you had gotten in an argument with your 15 dad, correct? 16 A Yes. 17 Q And you told Harvey about that, correct? 18 A I was upset. 19 Q And you told him about it because you were upset and 20 21 22 he was someone you could confide in, correct? A I wasn't confiding but I showed up after this argument with my dad. 23 Q You have other friends besides Mr. Weinstein, correct? 24 A Yes. 25 Q And there were other people you could have called Page 2437 1 about your argument with your dad, correct? 2 A I am sure I did talk to other people. 3 Q And you choose to tell Harvey about it? 4 A It's just the timing. 5 Q And there were lots of things that you told Harvey 6 about in the course of five years, isn't that right? 7 A Like what. 8 Q You told him when your dad was sick, correct? 9 A Yes. 10 Q You told him every time you were going to see him and 11 12 13 when you were going to be out of town? A Well, Harvey was trying to see me so I was telling him what -- 14 Q Why you couldn't? 15 A Well, it was an excuse to not have to see him and the 16 fact is that my dad was dying. 17 Q And you were going to see your dad? 18 A I was literally care-giving my father. 19 Q And this is the same person you thought Harvey could 20 hurt, correct? 21 A Yeah. 22 Q And yet, when your mother was in town you wanted to 23 introduce your mom to Mr. Weinstein, isn't that right? 24 A Incorrect. 25 Q Well, Jessica, there are emails going back and forth Page 2438 1 about meeting Mr. Weinstein with your mother, isn't that right? 2 A That is correct. 3 Q And you said, I'd love you to meet my mom and then you 4 will see that I have great genes? 5 A I did say that. 6 Q Why would you tell Harvey that? 7 A So -- so my mother was pressuring me really hard to 8 meet him and I didn't want her to meet him because I didn't 9 want to involve her in my life. And, um, my mom made me feel 10 like she was being kind of judgmental, so I thought, well, if 11 she at least just sees the situation for herself she'll get off 12 of my back, you know. 13 Q And you when you say that she was pressuring you to 14 meet Harvey Weinstein, the only information your mother had 15 regarding you and Mr. Weinstein was what you told her, correct? 16 A Yeah. 17 Q And you told your mother that Harvey Weinstein was 18 someone in your life, correct? 19 A Well my mother was -- yes. 20 Q And you didn't tell your mother that you believed that 21 22 23 24 25 Harvey Weinstein raped you, did you? A My mother knew something was wrong. That's why she was suspicious. Q And when you say that, Jessica, you didn't tell your mother, correct? Page 2439 1 A Of course not. 2 Q And you told your mother that you had a good 3 relationship with Harvey, isn't that right? 4 A I don't recall saying that to my mother. 5 Q Well, what did you tell her? 6 A I said, it's just professional. 7 hair. 8 Q 9 I will just cut his So you didn't want your mom to meet him and then find out that it wasn't professional, correct? 10 A Um, maybe. 11 Q Because you were lying to your mom too? 12 A I was lying to my mother, yes. 13 Q And you had a lot of other clients, correct? 14 A I did have other clients. 15 Q And your mom never asked to meet any of those clients, 16 correct? 17 A My mother knew I got the job through Harvey. 18 Q And she wanted to meet him, right? 19 A I think that's what is part of what made her 20 21 22 suspicious. Q Because you didn't tell her you had a relationship with him beyond cutting his hair, correct? 23 A That is correct. 24 Q Jessica, on July 26th of 2014, you sent a message to 25 Harvey Weinstein that just said, hi, do you remember that? Page 2440 1 A No. 2 Q I will show it to you in a minute. You reached out to 3 him, he had not reached out to you and you had a conversation 4 back and forth. 5 Defense DD, two pages. 6 7 I am going to show you what I am marking as Thanks. Jessica the conversation starts at the bottommost page, the second page and then moves forward. 8 A Okay. 9 Q Do you remember that email that series of emails? 10 A Yes, I do. 11 Q Do those emails truly and accurately depict the 12 13 conversation that you had starting on July 26, 2014? A They depict the email conversation, yes. 14 15 MS. ROTUNNO: identification mark be stricken and the email be published. 16 MS. ILLUZZI: 17 THE COURT: 18 evidence. MS. ROTUNNO: 20 THE COURT: 24 25 Okay. Double D is received into Can we publish it, Judge? Please, once it's in you don't have to ask. 22 23 No objection. Next question. 19 21 Judge, I ask that the MS. ROTUNNO: Thank you. BY MS. ROTUNNO: Q Jessica, you started off that, hi. Harvey responded back, where were you? How are you? Page 2441 1 2 You said, I am at work. and thought I would send a hello. 3 4 Just had you cross my mind I am well. And he responded to you, love to cross your mind. is my favorite exercise. 5 You said, LOL, that made me laugh so hard. 6 And then you asked him, when are you back? 7 It Never know what you are up to these days, correct? 8 A Uh-hum. Correct. 9 Q And he tells you when he is going to be in town, 10 correct? 11 A Yes. 12 Q And you told him that your mom is in town and that it 13 would be great if he could see your mom? 14 A Yes. 15 Q And you said, she would love to meet you, plus you can 16 see how good my genes are and you talked about where you would 17 meet him, correct? 18 A 19 MS. ROTUNNO: 20 21 22 23 24 25 Yes. Technical slip here. One second. (Short pause in the proceedings.) Q We will go back to that in a second. I will ask a couple of other questions. I am going to take you back to the February dates that you were talking about. On direction examination the prosecutor asked you was Page 2442 1 there an event that you went with accompanied by Talita that 2 you were invited to by the defendant? 3 Yes. 4 And do you recall where that was, what hotel that was? 5 I think it was Mondrian Hotel on Sunset. 6 So that's that February 24th party that we were 7 talking about, correct? 8 A Okay. 9 Q And that's what you testified to on Friday, correct? 10 A Yes. 11 Q And you stated that it was at that party that you saw 12 the defendant and then he asked both you and Talita to go to 13 the Montage, correct? 14 A Yes. 15 Q And that's the night that you claim Mr. Weinstein went 16 17 18 down on you, correct? A I know that he went down on me whenever that was that we had the drinks with him. 19 Q And that was when you were with Talita? 20 A Yes. 21 Q And you testified that that was when you were at the 22 event at the Mondrian, correct? 23 A Um -- well, that's where I am confused. 24 Q Ms. Mann, you testified to it on direct examination. 25 A Yes. Page 2443 1 Q 2 a minute. Okay. I am sorry, my brain, I might need a break for It's getting a little foggy. 3 THE COURT: 4 MS. ROTUNNO: 5 THE COURT: Do you? That's fine. All right, Ms. Mann. If you would be 6 good enough to step down and wait in the witness room for 7 further instructions. 8 9 10 All right, jurors, we will take a brief recess. Please remain mindful of all of my prior admonitions and instructions during this and any other recess. 11 Keep an open mind. Do not form an opinion as to 12 the guilt or innocence of the Defendant. 13 this case among yourselves or anyone else and refrain from 14 any and all research or communication, electronic or 15 otherwise about anything to do with the case. 16 17 Do not discuss See you back here in about ten minutes. Thank you. 18 (The jury exited the courtroom and the 19 following occurred:) 20 THE COURT: 21 Okay, do you want to take your own recess right 22 Short recess is taken. now? 23 MS. ILLUZZI: Yes. 24 THE COURT: 25 MR. CHERONIS: Or I will hear you on any matters. We can take a recess. Page 2444 1 2 3 4 5 THE COURT: So all right. Be back here in nine minutes? (Short recess is taken.) THE COURT: All right. If we are set. parties are present and before the Court. 6 Jury is entering. 7 (Continued on the following page.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 All Page 2445 1 THE COURT: 2 Welcome back jurors, we will recall the witness. 3 THE CLERK: Case on trial continues, all parties 4 are present. Will the parties stipulate the jury is 5 present and properly seated? 6 MS. ILLUZZI: Yes. 7 MS. ROTUNNO: Yes. 8 COURT OFFICER: 9 ( Witness enters courtroom). 10 THE COURT: 11 Witness entering. Welcome back, Ms. Mann. I remind you that you are still under oath. 12 The same rules apply, settle in there, and once 13 you are settled in, look up and at that point please resume 14 your inquiry. 15 16 17 MS. ROTUNNO: Q Thank you. Let's go back to the e-mail you reached out to Harvey Weinstein on February 26, 2014 with a hi, correct? 18 A Yes. 19 Q He asks where are you, how are you. Just had you cross 20 my mind and thought you. 21 He said love to cross your mind, it is my favorite exercise. 22 You said LOL, make me laugh so hard. 23 I think that means I though of you. He says witty, ain't it. 24 back. 25 Mann? You asked him when are you I never know what you are up to these days, correct, Ms. Page 2446 1 Just so we are clear about the timeline here, I went a 2 little out of order. Based on your testimony about Eddie, but 3 this was after you claim Mr. Weinstein raped you in New York, 4 correct, in March of 2013? 5 A Yes. 6 Q And after you claim you had been dating Eddie and you 7 met Mr. Weinstein in the Peninsula at the beginning of 2014 and 8 you claim he raped you again, correct? 9 A Can you restate the question, the last part. 10 Q This is after the time you claim Mr. Weinstein raped 11 you in a hotel room in 2014 at the beginning of 2014 at the 12 Peninsula, correct? 13 A No, I have not claimed a date for the Peninsula rape. 14 Q Because you don't know? 15 A I don't remember when it happened. 16 Q We will get back to that. 17 But you were already dating Eddie in July of 2014, correct? 18 A I'm not sure. 19 Q We are going to continue to go over these e-mails. You 20 talked about what time possibly works for you. 21 what time is good, and he says unfortunately I can only say hi 22 because I will be with Lilly and Lilly is his daughter, correct? 23 A You were just muffled. 24 Q Ms. Mann, I have a bad cold. 25 talk into the mic. He tells you Everybody wants me to If it is worse, let me know. Page 2447 1 12:20 is fine and we will meet you downtown in the bar 2 area. Unfortunately can only say hi at that time because we 3 will be with Lilly. All my best, Harvey, correct? 4 A Correct. 5 Q And you say Lilly is exceptional? 6 A Correct. 7 Q You met her before, isn't that right? 8 A I think briefly. 9 Q And you say why don't you let me know what will work. 10 See you soon, and you are going back and forth about trying to 11 see one another, correct? 12 A Correct. 13 Q And in this e-mail you say about your mom yes, she 14 would love to meet you plus you can see how good my genes are. 15 MS. ILLUZZI: Asked and answered three times. 16 MS. ROTUNNO: We have not been able to put it up 17 because of the glitch. 18 THE COURT: Overruled. 19 Q That is what you send July 29, 2014 at 9:38 p.m? 20 A Yes. 21 Q Again, Ms. Mann, at the beginning of this e-mail 22 exchange, you reached out to Harvey Weinstein, Harvey Weinstein 23 did not reach out to you, correct? 24 A Um, I think so, but -- 25 Q I showed you the e-mails, the last e-mail on the bottom Page 2448 1 of the page. 2 correct? 3 A 4 The start of the e-mail chain was from you, I'm a little confused because when I worked at the hotel sometimes I would hear things. 5 Q Jessica, you are already gone from the hotel. 6 A Are you sure. 7 Q I'm positive. 8 A Okay. 9 Q We will get to that too. 10 A Uh huh. 11 Q Now, I want to go back to February 24th when you were 12 at the Montage with Talita and Mr. Weinstein. 13 And you testified on direct examination he started 14 manipulating me while you and he were in the room, like well, 15 you accepted my invitation to these parties, correct? 16 A Yes. 17 Q Because at that point, Ms. Mann, you had already been 18 to more than one, correct? 19 A I think so. 20 Q And what upset you the most about the Montage when 21 Talita was waiting for you, is you were embarrassed because 22 Talita was waiting for so long, correct? 23 A That is not what upset me the most, but -- 24 Q Well, when you were asked I kind of locked up and got 25 really quiet, so much time happened and I was really anxious Page 2449 1 about Talita being out there by herself and I started to fake an 2 orgasm to get out of it? 3 A Yes. 4 Q You started to fake an orgasm because you wanted to get 5 back to Talita because you did not want her to know what you 6 were doing in the room, isn't that right? 7 A Well, I wanted out of that room. 8 Q And you didn't want to have Talita waiting, knowing 9 10 11 12 13 what you were doing? A Well, Talita and I actually talked about it afterwards, so it was not about not wanting her to know. Q But she did not know what was going to happen before you went in that room, correct? 14 A No, but she knew I did not want to go in there. 15 Q And you said that when you were in New York, you were 16 worried about coming down with Thomas and Talita waiting because 17 you didn't want them to know what was going on in the room? 18 19 A I didn't want them to have a perception of what it could have meant with us coming down the stairs. 20 Q Or what it did mean? 21 A Well, I was raped up there. 22 Q We will get to that too. And again, Ms. Mann, in that 23 incident at the Montage, you lied to Mr. Weinstein when you told 24 him it was the best you ever had, correct? 25 A Yes. Page 2450 1 2 Q And you lied to Mr. Weinstein when you faked the orgasm, correct? 3 A Yes. 4 Q And you had stated when we talked about the threesome 5 with Ms. Posticcini, that when I showed you that threesome log 6 post you put in your phone, and I asked you about what really 7 upset you was that she had faked the orgasm, and you told me no, 8 correct, that is not what -- 9 A I didn't see her have an orgasm. 10 Q Did you see her fake moaning? 11 A I did. 12 Q And you told many people that, correct? 13 A I told some people I'm sure. 14 Q Well, you told the District Attorney out in Los 15 Angeles, correct? 16 A Yes. 17 Q And you didn't tell anybody at the grand jury, did you? 18 A I answered every question I was asked in the grand 19 jury. 20 Q You didn't state that on your direct examination on 21 Friday. 22 correct? 23 A Okay. 24 Q When is the next time you saw Harvey after the incident 25 That only came up when I put your blog post up, at the Montage Hotel? Page 2451 1 2 3 4 A Linear timelines, it is hard for me to know, I don't recall the exact incident. Q It is easier for you not to know, Jessica, isn't that right? 5 MS. ILLUZZI: 6 THE COURT: Objection. Overruled. 7 A What do you mean? 8 Q It is easier if you don't have a timeline, correct? 9 MS. ILLUZZI: 10 THE COURT: Objection, Judge. Overruled. 11 A That is just not how my brain works. 12 Q But Jessica, you knew you were coming into a courtroom 13 and accusing someone of a horrible thing, correct? 14 A I know how serious this is, yes. 15 Q When you know how serious it is, you understand dates 16 and details matter, correct? 17 A They do. 18 Q And you talked about this multiple times, correct? 19 A Okay. 20 Q Correct? 21 A Sure, yes. 22 Q And you have been prepared to testified, correct? 23 A I don't think there is such a thing as preparation. 24 Q They asked you questions and you respond, correct? 25 A They were investigating, yes. Page 2452 1 Q When you sat down with the D.A's Office in this case, 2 they asked you questions that they were going to ask you on the 3 witness stand so you knew what to expect, correct? 4 A I guess, I don't know. 5 Q You don't know? 6 A All the questions have really been the same. 7 Q Right, because they want you to tell them what 8 happened, correct? 9 A I had to say what happened, yes. 10 Q Has anybody asked you to pin down a timeline, dates? 11 A Yes. 12 Q Yes. 13 Maxine Rosenthal asked you to do that by sending e-mails, correct? 14 A Yes. 15 Q And you did that, right? 16 A Yes. 17 Q And did you in any way keep any other type of calendar 18 or diary? 19 A 20 No, I gave them everything that I had, and I had a third party through my lawyer look at my stuff. 21 Q Who was your lawyer again? 22 A Well, I don't have a lawyer right now. 23 Q Who did you have? 24 A I used Craig over my phone stuff. 25 Q Greg Wilky (phon splg)? Page 2453 1 A Yes. 2 Q I want to talk about the time, because you saw Harvey 3 Weinstein between the time that you saw him at the Montage with 4 Talita and coming to New York, correct? 5 A It is possible. 6 Q Well, I know you did, because you testified that after 7 the event at the Montage, you assessed the situation to be very 8 much just oral sex by what I encountered? 9 A Yes. 10 Q And you made that assessment based on your meetings and 11 time that you spent with Harvey Weinstein, correct? 12 A Yes. 13 Q And that happened after the Montage, correct? 14 A I believe so. 15 Q Well, because in your words, that instance is what made 16 you say because I did this I want to be in a relationship with 17 him or try to have a relationship with him, correct? 18 A That is what I remember, yeah. 19 Q So, you had encounters with him before you met him in 20 New York, correct? 21 A Yeah. 22 Q So that was between the date of February 24, 2013 and 23 March 18, 2013, correct? 24 A Yeah. 25 Q And you were seeing him often during that period of Page 2454 1 2 time, correct? A I just know I saw him and I know how I felt and I 3 remember certain places and feelings and times. 4 like again the linear aspect of that. 5 Q But as far as I'm not asking for dates, I'm saying in your words, you 6 decided after the event at the Montage which we know is February 7 24th based on the party, if we know after February 24th you made 8 a decision to have a relationship with Mr. Weinstein based on 9 the fact that you had engaged in a sexual encounter with him at 10 the Montage, you saw him again after that and assessed it was 11 going to be mostly oral, correct? 12 A Yeah, it was -- I was experiencing it as oral. 13 Q That was before you came to New York and met him at the 14 Doubletree, correct? 15 A Yes. 16 Q That was March 18th of 2013, correct? 17 A Yes. 18 Q And, when you say you assessed the situation to be just 19 oral sex, you mean that you were giving him oral sex and he was 20 giving you oral sex, correct? 21 A Sometimes yeah, or sometimes it would just be him. 22 Q But it was a two-way street sometimes, sometimes not, 23 correct? 24 A Yes. 25 Q And, Ms. Mann, you stated that you made the assessment Page 2455 1 it was only going to be oral sex, you knew Mr. Weinstein had 2 five children, correct? 3 MS. ILLUZZI: 4 THE COURT: 5 MS. ILLUZZI: 6 THE COURT: Q May we approach, may we approach for MS. ILLUZZI: 10 THE COURT: A Not on that. You knew Mr. Weinstein had five children, correct? 9 11 Overruled. a moment? 7 8 Objection, Judge. Objection. Overruled. Um, well, I knew when I saw his wife was pregnant, so I 12 cannot say I knew the exact number, I knew two of the older 13 girls. 14 Q You knew he had older girls? 15 A Yeah. 16 Q Your friend sent you that People magazine article on 17 February 8th of 2013? 18 A Yeah, I saw she was pregnant. 19 Q With her second child, right? 20 A Well, I don't know what number child it was. 21 Q Did you read the article? 22 A I don't remember reading it. 23 Q Did it interest you? 24 A Like I was not sitting there trying to count his 25 children. Page 2456 1 Q Your response to that was I'm so going to ask him? 2 A Yeah, that is when I found out he was married. 3 Q So, you knew he had kids, however many? 4 A Also at that e-mail, I had not met any of his children 5 or knew that. 6 first met him. 7 Q I didn't know he was married or had kids when I I'm not even going there. When you first found out 8 that he was married with kids was February 8th of 2013 when you 9 got the e-mail from your friend? 10 A I found out his wife was pregnant. 11 Q So, you knew he was married, you knew he at least had 12 one child on the way? 13 A Yes. 14 Q You knew he had older kids? 15 A Well, I knew that when I met them at one of the events. 16 Q So, somehow he had kids, correct? 17 A Yeah. 18 Q Ms. Mann, on direct examination you stated that Mr. 19 Weinstein peed on you once to use your words, correct? 20 A Yes. 21 Q When was that? 22 A I don't know. 23 Q Was that before the incident in New York or after? 24 A That I believe was before, but I'm not sure, because I 25 had encounters with him a few times after into like all the way Page 2457 1 into 2016. 2 Q 3 correct? 4 A Yes. 5 Q On the first occasion before the grand jury, you never 6 Well, you spoke to the grand jury on two occasions, said anything about Mr. Weinstein peeing on you, correct? 7 A Correct. 8 Q And you didn't tell any law enforcement in Los Angeles 9 about that, correct? 10 A I'm sure I did talk about it. 11 Q Do you remember if that happened in Los Angeles or New 12 York? 13 A It had to have happened in L.A. 14 Q It had to have happened in L.A, why is that? 15 A Because he didn't pee on me in New York. 16 Q And when you say it had to have happened in L.A, do you 17 know what hotel you were in or a house, do you know where you 18 were? 19 A Do I know where Harvey and I were? 20 Q When he peed on you? 21 A Yeah. 22 Q Where? 23 A We were in the shower. 24 was beneficial to me. 25 to come in the shower. He wanted to shower first which So I was okay with that, and he asked me Page 2458 1 2 Then he said have you ever had a golden shower, and I said no, then I felt him peeing on me. 3 Q Did you leave then? 4 A No. 5 Q Did you say no thanks? 6 A I was in shock by it, it was gross. 7 Q Did you freeze? 8 A I turned into the corner of the shower and just looked 9 away. 10 Q When was that? 11 A I don't know. 12 Q Do you remember what hotel it was in? 13 A No. 14 Q Was it before Emmanuella or after? 15 A Ma'am, I don't know. 16 Q Was it before the Montage or after? 17 A From what I remember when the Montage, when he did that 18 to me, the stuff in my mind is after. 19 Q But you are not sure? 20 A Well, you are confusing me. 21 Q Jessica, I'm not meaning to confuse you. 22 A I understand this is important, I agree. 23 Q It is important. 24 A But that is what I know. 25 Q You are allowing all this to happen, and you continue Page 2459 1 to tell this jury you had no attraction to him whatsoever? 2 A Yes. 3 Q And you called Mr. Weinstein Jekyll and Hyde, Jessica? 4 MS. ILLUZZI: 5 THE COURT: Objection. Overruled. 6 A That is how I felt. 7 Q That is exactly what you were doing to him, isn't that 8 right? 9 A How so? 10 Q Manipulating him to make him think that you wanted to 11 see him by sending him e-mails, by going to meet with him and by 12 engaging in consensual sexual acts? 13 A I avoided him as much as I felt -- 14 Q That is not the question I asked you. 15 MS. ILLUZZI: 16 THE COURT: Objection Judge, let her answer. Overruled. 17 A 18 intense. 19 Q These are not the questions I'm asking. 20 A Then the Judge just said I could answer, so -- 21 22 I avoided him as much as I could until the tension felt MS. ROTUNNO: and she be ordered to answer my question. 23 MS. ILLUZZI: 24 THE COURT: 25 Judge, I ask her answer be stricken I ask it to stay. Answer stricken. Ask the question again and please listen carefully to the question being Page 2460 1 2 asked of you and answer only that question. Q Everytime you reached out to Mr. Weinstein and made it 3 seem as if you wanted to see him, you were acting as Jekyll and 4 Hyde, isn't that right? 5 A I don't know how to answer that. 6 Q Well, everytime you typed an e-mail to him, did you 7 make him believe it was something other than you are now saying 8 you wanted to do? 9 A I wanted him to believe I was not a threat. 10 Q Jessica, how are you a threat if Mr. Weinstein is not 11 12 13 14 15 reaching out to you and you are reaching out to him? A There were other ways I felt him being involved in my life beyond just a direct reach out. Q Jessica, you had not one audition with the Weinstein Company after Vampire Academy, isn't that right? 16 A Yes. 17 Q Not one, correct? 18 A Correct. 19 Q So, you stuck around the rest of 2013, the rest of 20 2014, the rest of 2015 and the rest of 2016 because you thought 21 he was grotesque and you did not want to have sexual 22 interactions with him? 23 A I engaged with my abuser because -- 24 Q How many times -- 25 A Of what I believed in my mind and the perception of the Page 2461 1 society I lived in and the things and the ways he did threaten 2 me, and it was always in my best interest to feel that the 3 temperature gauges between us, I wanted to know that we were 4 okay and something was not going to happen to me. 5 6 Q But Jessica, you did not have to meet him anymore, no more scripts, correct? 7 A Correct. 8 Q After Vampire Academy, no more? 9 A Correct. 10 Q Had you got other acting jobs in that period of time, 11 had you been booked on one thing in that period of time? 12 A Yes. 13 Q What? 14 A I know I did a Taylor Swift parody video. 15 Q That was not for any major outlet, correct, that was a 16 friend's project? 17 A It was not a SAG project. 18 Q Tell the ladies and gentlemen of the jury what SAG is? 19 A SAG is the Screen Actors Guild. 20 21 22 THE COURT: Q Okay, next question. And that is the body that sort of governs the projects considered legitimate or work for the union, correct? 23 A There are legitimate independent non union projects. 24 Q Sure, but those do not go through SAG? 25 A Correct. Page 2462 1 Q You did one thing in that period of time? 2 A No, I did other print work for makeup lines. 3 Q You were not acting? 4 A Well, I acted in that video. 5 Q I'm not taking about the video. 6 A I did continue to do a few projects. 7 Q Did you continue to go on auditions? 8 A I don't remember for how long. 9 Q Did you send any e-mails to Harvey Weinstein after 10 Vampire Academy asking for scripts or screen tests or send me 11 somewhere, anything? 12 A Well, Harvey offered me stuff I turned down. 13 Q What did he offer you? 14 A Well, like they sent us, they wanted us to read two 15 scripts for two movies. 16 Q Who is they? 17 A I think Julie Oh and then Harvey wanted me, he said you 18 could be good for like a host on Good Morning America, and he 19 offered me an agent and a manager referral, and I declined all 20 those things. 21 22 Q So, this man you were sleeping with for the benefit of your acting career, you declined his help at this point? 23 A Well, the premise of that question is not true. 24 Q Well, Ms. Mann, you told us that you were willing to 25 sleep with Harvey Weinstein because you didn't want him to ruin Page 2463 1 your acting career, correct? 2 A I did not want him to hurt my career, correct. 3 Q And you did not have an acting career, is that fair to 5 A That is subjective. 6 Q Well, I think an acting career begs the question that 4 say? 7 you are actually acting in jobs, correct? 8 MS. ILLUZZI: 9 THE COURT: 10 11 12 13 14 17 18 Overruled, put it in question form please. Q In order to be an actor or working actor, you have to be booked on jobs, correct? A It is sort of like an independent, they come and they go, and there are parts you work and don't work. 15 16 Objection, Judge. So, I don't think you are representing the industry accurately. Q Well, you kept Harvey Weinstein around for his contacts, right? 19 A No. 20 Q You kept Harvey Weinstein around because you didn't 21 want him to ruin your career? 22 A That is part of the reason, yes. 23 Q You didn't have a career to ruin. 24 A I was building one. 25 Q How were you doing that? Page 2464 1 2 3 A By acting and going on auditions, and I moved my whole life here for that. Q That was a part of me. How many auditions did you do a week in Los Angeles 4 when you met Harvey Weinstein in 2013 other than Vampire 5 Academy? 6 A I don't recall. 7 Q Not many, correct? 8 A I mean there is a period where I was doing a lot and 9 going out for a lot, and getting a lot of call backs. 10 A percentage of those jobs I would book. It is not 11 like someone who booked a TV series, I'm not saying I was at 12 that level yet. 13 Q You are still not at that level, correct? 14 A No, I stopped. 15 Q Ms. Mann, you told the ladies and gentlemen of the jury 16 on Friday that you didn't want to be associated with Harvey 17 Weinstein because of his reputation with other directors, 18 correct? 19 A With other directors? 20 Q Directors, producers, actors, whoever? 21 A I was very observant of what was going on around me. 22 MS. ROTUNNO: 23 THE COURT: 24 25 Can she just answer the question. Overruled, answer stands, next question. Q Listen to my question. You said on direct examination Page 2465 1 on Friday, that you didn't want to be associated with Harvey 2 Weinstein because you thought your association with him would 3 stop you from getting other jobs, correct? 4 A 5 I don't recall defining, do you have my direct quote? MS. ROTUNNO: I'll find it. 6 Q So you did not say that? 7 A I know the first part yes, is true. 8 9 10 11 I did not want to be associated with him because of what I was seeing happening. Q So, you didn't want to be associated with him, but you were afraid to not be associated with him? A I didn't want to be associated with him, but I was also 12 afraid that his unpredictability and how he feels from my 13 perception rejected that would direct more abuse on me. 14 15 Q You knew there were actresses that were constantly surrounding Harvey Weinstein, correct? 16 A I did see a lot of girls at the parties. 17 Q They would talk to him? 18 A I think so. 19 Q When the District Attorney asked you on Friday what you 20 liked about Harvey Weinstein, the first thing you said was he 21 was very successful and sort of a genius in his own way, 22 correct? 23 A That is true. 24 Q You knew that he was successful when you met him, 25 correct? Page 2466 1 2 A Well, after he said who he was and Talita sort of framed it for me, I realized who he was. 3 Q You Googled him, correct? 4 A Probably. 5 Q And you found out in your words, he was the kingpin of 6 Hollywood? 7 A Well, that is what I realized, yes. 8 Q And what attracted you to a friendship, relationship, 9 professional situation with him, was his success and his power, 10 correct? 11 A I was happy that he was interested in me. 12 Q Because he was successful and powerful? 13 A Because he makes movies, that is what he does. 14 Q Big movies? 15 A Yeah. 16 Q Really big movies? 17 A Like what we all see, made great movies. 18 Q And had you met someone that looked like Mr. Weinstein, 19 that did not have his success and his power, you would have 20 never met him for one meeting, isn't that right? 21 A Say that again. 22 Q Had you met someone who looked like Mr. Weinstein in 23 your description, who did not have his success and his power, 24 you would have never agreed to meet up with him, isn't that 25 right? Page 2467 1 A Well, I met several people that are powerful, but maybe 2 not as powerful as Harvey that I had meetings with and talked to 3 and knew living in L.A. 4 Q Who are those people? 5 A How can I just randomly pick. 6 Q Give me four. 7 A David Maisel who started Marvel. 8 Q When did you meet David? 9 A Probably around the same time. 10 Q Did Harvey set that up for you? 11 A No, absolutely not. 12 Q And do you remember when, before meeting Harvey or 13 after? 14 A What? 15 Q Before meeting Harvey or after? 16 A I don't know, that is when I moved back to West 17 Hollywood, a lot of stuff was happening. 18 Q Did you tell Harvey you knew David Maisel? 19 A I did. 20 Q When did you tell him? 21 A So, I don't know when I told him. 22 Q You didn't think that would upset him after he said no 23 actors, nobody in the industry? 24 A Well, I didn't date David. 25 Q When did you meet him? Page 2468 1 A What? 2 Q How many times did you meet him? 3 A David? 4 Q Yes. 5 A He was friends within my friends group. 6 He was around quite often. 7 Q Who was he friends with? 8 A I don't want to give names of personal people in my 9 life. 10 MS. ROTUNNO: I'm asking she be required to 12 MS. ILLUZZI: Object as to relevance. 13 THE COURT: 11 14 answer. Q Sustained, next question. Jessica, just so we are clear, you said again on page 15 2246 of the transcript, that Ms. Illuzzi asked you if there came 16 a time another woman was involved, and you said yes, and she 17 said can you describe to the jury, and you said, I asked you 18 that, I apologize, strike that. 19 20 How soon before coming to New York in March of 2013 did you see Harvey Weinstein, how soon before? 21 A I don't recall seeing him that soon before. 22 Q And you let him know that you were coming to New York, 23 correct? 24 A 25 not sure. It might have been Talita, it could have been me, I'm Page 2469 1 Q He wanted to meet up or you wanted to meet up, correct? 2 A Talita and Thomas and I, they sort of asked about it. 3 Q Well, let me ask you this Jessica; when Thomas was 4 deciding to come to New York, Thomas told you he was coming, 5 correct? 6 A Yes. 7 Q Because you flew with Thomas and he actually paid for 8 your ticket? 9 A Yes. 10 Q He paid for the hotel room, correct? 11 A Yes. 12 Q You stayed in his room? 13 A Yes. 14 Q That room was under his name? 15 A Yes. 16 Q When you got to New York, you let Harvey know you were 17 in New York, correct? 18 A Yes, somehow we communicated with him. 19 Q And when you communicated with Harvey, you sent an 20 e-mail, isn't that right? 21 A I guess. 22 Q And he asked you what time you were going to arrive in 23 New York, correct? 24 A 25 yeah. I trust if there is an e-mail that is what was said, Page 2470 1 2 Q You responded so good to hear from you. I just arrived this afternoon and leave on Monday, correct? 3 A Okay. 4 Q I'll show you what I'm marking as Defense double C. 5 ( Handed to witness). 6 Q Do you remember those e-mails back and forth? 7 A Yes. 8 MS. ROTUNNO: 9 be stricken. 10 It be moved into evidence and published to the jury. 11 MS. ILLUZZI: 12 THE COURT: 13 14 15 I'm asking the identification marks No objection. Okay, double C is received into evidence. Q Harvey asks you what time do you arrive in New York, he clearly knew you were coming, correct? 16 A Yes. 17 Q And you say so good to hear from you, I just arrived 18 this afternoon and leave on Monday, correct? 19 A Yes. 20 Q Then he starts talking about when he can see you. I 21 can see you tomorrow afternoon at two, or you say I could see 22 you tomorrow afternoon at two. 23 You go back and forth. He said that, then you say to him hey HW, just got back 24 in and tell him all the things you were doing in New York. 25 says he was coming in from Connecticut, correct? He Page 2471 1 A Yes. 2 Q At some point in time you arrange to meet at the 3 Doubletree, correct? 4 A Yes. 5 Q He knew you were at the Doubletree because you told 6 him, correct? 7 A We must have, yes. 8 Q When you planned this trip with Thomas, Thomas wanted 9 to meet Harvey Weinstein, correct? 10 A Yes. 11 Q And Thomas didn't, other than knowing who he was and 12 maybe meeting him at a party, Thomas had no direct line to Mr. 13 Weinstein? 14 A I wouldn't know. 15 Q Well Jessica, you knew when you came here, that he 16 wanted to meet with Harvey, correct? 17 A Yes. 18 Q And you agreed to facilitate that, correct? 19 A Yes. 20 Q That is one of the reasons Thomas brought you to New 21 York, correct? 22 A Oh no, no. 23 Q Jessica, you were hoping that Thomas would represent 24 25 you, isn't that right? A I did hope that, yeah. Page 2472 1 Q You thought by introducing him to Harvey and giving him 2 a contact from Harvey, you had a better chance with Thomas, 3 correct? 4 A There is truth to that, yes. 5 Q And you never told Thomas about your sexual 6 relationship with Harvey Weinstein, correct? 7 A No. 8 Q So, you lied to Harvey about Thomas and you lied to 9 Thomas about Harvey? 10 MS. ILLUZZI: 11 THE COURT: Objection Judge. Overruled. 12 A I lied about what? 13 Q The nature of your relationship? 14 A It was my deepest secret, the things that were 15 happening to me so I was not talking to people about it. 16 Q Jessica, again, you didn't tell him, correct? 17 A No, Thomas didn't know about was happening to me. 18 Q You did not tell Thomas the reason I have a direct line 19 to Harvey Weinstein is because I'm sleeping with him, correct? 20 A No, I did not say that. 21 Q You did not say I'm having a sexual relationship with 22 Harvey Weinstein to get roles in movies, did you? 23 A No. 24 Q When you came to New York, your biggest fear was that 25 Thomas would figure that out, correct? Page 2473 1 A Not necessarily, it was that he would think that I was 2 sleeping with him because I wanted to or I thought that is how 3 the industry worked, as opposed to obviously what was really 4 going on inside of me in that situation. 5 Q But Jessica, from your words, that is how you thought 6 the industry works because you were engaging in the behavior, 7 isn't that right? 8 A That question I don't agree with. 9 Q Well Jessica, you made a choice to have sexual 10 encounters with Harvey Weinstein when you were not attracted to 11 him, right? 12 A We have not talked about why I made that choice. 13 Q Jessica, I think we have talked about it. You liked 14 going to parties and you liked the power and you liked the 15 potential help to your career? 16 A That is your version. 17 Q You knew Thomas was coming to New York for business, 18 right? 19 A He told me that, yeah. 20 Q Did he go to any other business meetings other than 21 meeting Harvey Weinstein when you were here? 22 A If he did, I was not there. 23 Q You and he were sightseeing and did things in the city? 24 A Yes. 25 Q You stated that he was really drunk the night before Page 2474 1 the breakfast meeting, correct? 2 A Yes. 3 Q But he was more interested in meeting Harvey Weinstein 4 than you were in seeing him, would that be fair to say? 5 A I cannot speak for Thomas. 6 Q Well, you said you weren't interested in seeing Harvey, 7 correct? 8 A 9 10 11 It didn't, like I already knew Harvey didn't matter to me, I did not care that much. Q But you told him you were coming here because Thomas wanted to meet him? 12 A Told Harvey I was coming here? 13 Q Yes, or did you tell Harvey you were coming here 14 because you wanted to see Harvey? 15 A Talita is a big factor. 16 Q But Talita lived in New York at the time? 17 A No, she lived in L.A. 18 Q In March of 2013? 19 A Talita had a place here, but she lived in Los Angeles. 20 Q Well, you told the ladies and gentlemen of the jury on 21 direct examination that Talita was living in New York or New 22 Jersey and you slept at her house the second day you stayed in 23 New York? 24 A 25 I did. She was married and she had like a husband here, so she was visiting like living at her place, I don't know Page 2475 1 a week or so at that time. 2 3 Q Do you know how long she had been here prior to you coming? 4 A No, not very long. 5 Q Talita could send e-mails to Harvey by herself, you 6 didn't have to do that for her? 7 A She could, but she was hesitant to. 8 Q Because she wanted you to do it? 9 A Yeah. 10 Q Because in your words, she's the one that really wanted 11 to have the relationship with Harvey, correct? 12 A I cannot answer that with a yes or no. 13 Q Well, you said that every action you engaged in with 14 Mr. Weinstein was because you were thinking about not only 15 yourself, but your friends too, correct? 16 A I was thinking about Talita a lot. 17 Q And you claim the reason you went to the Montage was 18 because Talita was the one who said we have to go, we have to 19 go? 20 A That is correct. 21 Q And so, Talita had already had her own ability to 22 contact Mr. Weinstein, correct? 23 A She did, but I think I know why she did it. 24 Q Well, if Talita went with you on all these events she 25 went to, she also was invited on her own, isn't that right? Page 2476 1 A No, usually it came through me with a plus one for her. 2 Q You never told her from your perspective Mr. Weinstein 3 4 5 wanted nothing to do with her? A Well, Harvey was still engaging with her. I cannot speak for what Harvey wanted or not. 6 Q Was he being nice to your friend? 7 A Yeah, I guess so. 8 Q Did you witness Harvey be nice to Talita? 9 A How do I answer that? 10 Q Just the truth, Ms. Mann. 11 A I know, I'm just -- again, Harvey could be charming but 12 he always had caveats he slipped in there. 13 Q To Talita too? 14 A Yeah. 15 Q Like what? 16 A Well, for example, Harvey would say to us like oh, I 17 know how to keep Jessica around. It's by making you happy and 18 he would say that to Talita, which at the time I didn't really 19 understand until I realized that he was literally in a sense I 20 think bragging about his manipulation. 21 Q 22 correct? 23 A I don't know. 24 Q Well, in order to say to your friend I want to keep her 25 Well, Ms. Mann, Mr. Weinstein genuinely liked you, happy, you are interpreting that a different way, but it could Page 2477 1 be he genuinely just liked you? 2 A Let's ask him. 3 Q Now, let's talk about the Doubletree. 4 You claim that Mr. Weinstein shows up and calls your room, correct? 5 A He did show up early. 6 Q And he calls your room to let you know he was there, 7 that is what you said on direct examination? 8 9 A I don't know if he called, I think I talked to like a woman. 10 Q You said well, someone in the hotel said I think you 11 have a guest down here, Harvey. 12 called the room? 13 A I think so, yeah. 14 Q Harvey. 15 I was in the room so somebody Did Harvey know you were staying in Tommy Richards's room, did you tell him? 16 A I don't know. 17 Q You didn't have your name down at the front desk, did A I don't know if Thomas put my name on there for a key 18 19 20 21 22 you? or not. Q What time did you receive this call you say was so early? 23 A I don't remember. 24 Q What time had you arranged to meet? 25 A I don't remember. Page 2478 1 Q Well -- 2 A I think around breakfast time. 3 Q What is breakfast time for you? 4 Mine is like six a.m, there is a big range. 5 A I don't know, I mean, I don't know. 6 Q You have no idea what time your meeting was? 7 A I don't remember. 8 9 10 11 12 13 14 I just remember it was like going to be before we really started our day. Q And Harvey didn't show up to that hotel until after 10:30 a.m when he check in, isn't that right? A I don't know the time he showed up. It was before whenever we were supposed to meet. Q He shows up and you claim that you were panicked he was there early? 15 A Yeah, he was early. 16 Q At that point you were panicked because you didn't want 17 your friends to know you had any kind of relationship with him 18 other than professional? 19 A Incorrect. 20 Q Why did you panic? 21 A I was panicked because I had this dynamic with Harvey 22 where I felt like I always had to obey and jump. 23 24 25 I just lived on edge a little bit to him, that is why I was panicking. Q You said you waited in the room for a while before you Page 2479 1 went down? 2 A Yeah, I sensed something was wrong. Again, the abuse 3 occurred when he would be unpredictable and I was doing 4 unpredictable, I was becoming afraid of that. 5 Q He showed up for a meeting just a little bit early? 6 A I don't think it was a little bit, I felt like I knew 7 something was happening. 8 Q But how much earlier? 9 A I don't know. 10 Q You have no idea? 11 A I don't remember. 12 Q 20 minutes, 30 minutes, two hours? 13 A I do not remember. 14 Q You were ready to go, correct? 15 A No, I had to get dressed. 16 Q How long did that take? 17 A We were still sleeping. 18 Q How long did that take? 19 A I don't know, I took my time. 20 Q You went downstairs, you let him sit there, right? 21 A I don't know what he did, when I got down there he was 22 23 24 25 at the counter. Q But you said you took your time, he was at the counter the whole time? A I took as much time I fell I could get away with Page 2480 1 taking. 2 Q About how long was that? 3 A I don't know. 4 Q You go downstairs and say he's checking into the hotel? 5 A Yes. 6 Q You are not happy about that? 7 A No, because I hear him use a fake name. 8 9 10 He's asking for a room, and I freaked out, that freaked me out. Q You knew from the Peninsula he didn't use his real name, correct? 11 A Um, yeah, but did I work at the Peninsula after that. 12 Q You had been at hotels with him multiple times before? 13 A I didn't know that until I started working at the 14 Peninsula. 15 Q 16 When you see him downstairs in the lobby, you start to get worried about him checking into a room? 17 A Yes. 18 Q You are worried because you don't want to go up there 19 and have your friends thinks you are sleeping with Harvey 20 Weinstein? 21 A I was worried because I knew he was doing a bait and 22 switch again like anytime he done in the past where something 23 would be agreed to, then he would come asking for some sort of 24 payment or try to push me to do something I didn't want to do. 25 Q Payment? Page 2481 1 A That is what it felt like. 2 Q Payment for what, what had he given you? 3 A Not money payment, but like sexual stuff. 4 Q In exchange for what? 5 You have no movie, you have been to some parties. 6 A Exactly, he wanted to use me. 7 Q And you let him? 8 A I did let him abuse me, I didn't know how to confront 10 Q You used him? 11 A At that point I had nothing to gain from Harvey. 12 Q You thought you did because you still kept pushing 9 13 it. Vampire Academy? 14 A Again, Talita was also apart of that push. 15 Q Do you think if you would have said I hate -- Talita, 16 he is abusing ne, I don't think we should be dealing with this 17 guy. 18 19 You think your friend would have stood up for you? A Honestly, I don't, I did tell her he had been really aggressive with me once, that is as far as I got with her. 20 Q When was that? 21 A That is when she asked me why I was not going to go to 22 some party, and we had a conversation, and the most I could say 23 was he had been really aggressive with me. 24 Q What party was that? 25 A I don't remember. Page 2482 1 Q Remember what year it was? 2 A No. 3 Q Here you are in a crowded lobby of the Doubletree, 4 correct? 5 A Uh huh. 6 Q The Doubletree is a busy hotel on a busy street in New 7 York, correct? 8 A Sure. 9 Q People everywhere all the time? 10 A I don't remember it being that packed. 11 Q It was not just you, Harvey Weinstein and staff, 12 correct? 13 A I don't remember. 14 Q When you are on the, in the lobby of that hotel with 15 the big doors that you saw in the photograph of the hotel that 16 slide open, you could have walked right out the door, correct? 17 A Sure. 18 Q You could have said I'm not going upstairs, correct? 19 A I told him I didn't want to. 20 Q Well Jessica, you said I wanted to go upstairs with him 21 22 23 because I thought I could de-escalate the situation? A I felt like at that point that at least I could confront him privately because I could not publicly. 24 Q Because you had no problem confronting him, correct? 25 A No, I did have trouble vocalizing a lot to him. Page 2483 1 2 Q In your words, you said I wanted to go upstairs so I could confront him privately? 3 A I thought we could at least, he would listen to me. 4 Q Knowing what happened to you in multiple other hotel 5 6 rooms, you thought the best place to go was up to the room? A Well, I thought the best place to go to at least where 7 he would listen to me would be somewhere private, because he was 8 yelling at me not to embarrass him. 9 10 11 12 13 14 Q You could have said Harvey, I'm not going up there, I'm out the door? A Yeah, but we are not talking about why I felt these things. Q Jessica, all I'm asking you, you didn't make the choice to walk out the door? 15 A I did not walk out the door. 16 Q You made the choice to go up to the hotel room? 17 A I mean it was a choice I felt I had to obey. 18 Q Knowing what had happened in the past? 19 A That is why I was scared. 20 Q And multiple people and you could have said help? 21 A Well, I said to the front desk I was sort of trying to 22 ask for help, we don't need a room. 23 Q How? 24 A I was pleading with them with my eyes. 25 Q Pleading with your eyes? Page 2484 1 2 A Yeah, it was very obvious I was in distress, I was pacing back and forth. 3 Q 4 correct? 5 A Sure. 6 Q They don't know you? 7 A True. 8 Q They never met you before? 9 A That is true. 10 Q And you are there meeting Harvey Weinstein? 11 A I did vocalize at the front desk, I was really upset. 12 Q You were yelling at him? 13 A I don't think I was yelling, I was like you don't need 14 a room, why are you getting a room. 15 16 You don't know what is obvious to other people, Then he pulled me aside and told me not to embarrass him. 17 Q Pulled you where? 18 A Away from the counter. 19 Q Did you say I don't care, I'm not going upstairs with 21 A I didn't. 22 Q When you started to argue with him up in the room, you 20 you? 23 were arguing that you don't have time, Talita is coming, she's 24 going to be here, and I was so afraid that Thomas and Talita 25 would see me coming out of this room like with him and make all Page 2485 1 these assumptions, you know, because I was trying to hide 2 everything? 3 A I was afraid of what they would think of me. 4 Q You didn't say I was afraid he would abuse me, correct? 5 A He had already abused me. 6 Q I'm talking about before you even went up there, this 7 8 9 is before any allegation ever took place, these are your words. A Well, I'm talking about what I was afraid of with the perception of my friends, and I also had talked about why the 10 bait and switch and why I was panicked about him being there 11 early. 12 Q 13 Jessica. You didn't talk about that on direct examination At least -- 14 MS. ILLUZZI: 15 THE COURT: 16 17 Q did you Jessica? MS. ILLUZZI: 19 THE COURT: 21 Sustained. At least, you did not say that on direct examination, 18 20 Objection Judge. A Objection, Judge. Overruled. I have done my best to explain everything and half the time I have objections cutting me off. 22 MR. CHERONIS: Objection. 23 A I don't think I got anything out. 24 Q Is that a yes or no? 25 A I don't know what I said. Page 2486 1 THE COURT: 2 question. 3 Q Hold on, answer stands. Next At least up there in private I can yell at him if I 4 need to talk to him, which I never really could yell at him and 5 inside the room. 6 yell at him, you caught yourself, because you knew admitting you 7 could yell at him was a problem? When you gave that answer about starting to 8 A Sorry? 9 Q You knew that when you said I could yell at him, that 10 11 making that admission is a problem for you, correct? A No, that is what I knew. I did get upstairs, I tried 12 to leave, I wanted to leave, I escalated the argument and then 13 based on how I was intimidated and the dynamic of this situation 14 I ended up shutting down. 15 Q You just did whatever he wanted? 16 A I was trapped in that room. 17 Q You did what he wanted? 18 MS. ILLUZZI: 19 THE COURT: Objection Judge. Overruled. 20 A I obeyed him, yes. 21 Q And then as you were coming downstairs, you said I 22 panicked because my worst nightmare I felt could happen; the 23 secret of this dynamic with him was about to be seen in front of 24 Talita and Thomas, that was embarrassment? 25 A I was embarrassed. Page 2487 1 Q That is what you said, right? 2 A If that is the direct quote, then yeah. 3 Q You panicked because your worst nightmare could 4 happen. 5 him was about to be seen. 6 Question, which was? The secret of this dynamic with Your worst nightmare Jessica was not the fact in your 7 words you had been taken against your will in a hotel room, 8 correct, your words? 9 A Abuse is embarrassing. So yeah, having to talk about 10 it and things being perceived certain ways, it is like I'm a 11 very insecure person at that time in my life. 12 Q But as insecure as you claim you were, you manipulated 13 Harvey Weinstein to get him into any meeting or any party that 14 you wanted to? 15 16 MS. ILLUZZI: Q 17 18 Correct? THE COURT: Q Objection Judge. Sustained. As manipulated as you felt, you manipulated Harvey 19 Weinstein everytime you continued to see him after each 20 individual sexual encounter? 21 MS. ILLUZZI: 22 THE COURT: Objection. Overruled. 23 A Can you restate the question. 24 Q Let me ask you this, with nice e-mails you would 25 constantly send, correct, with requests to see him on a regular Page 2488 1 2 3 4 5 basis, you were manipulating Harvey Weinstein? A How I handled it to survive and process things, yeah, I guess we can say manipulation. Q Jessica, you go to breakfast with Tommy, Talita, and Harvey, correct? 6 A Yes. 7 Q At that breakfast Harvey says oh, I have a screening 8 tonight for August Osage County? 9 A Yes. 10 Q And you and Talita want to go, right? 11 A No, Talita wanted to go. 12 Q Well Jessica, Tommy Richards booked your flight, 13 correct? 14 A Yes. 15 Q And Tommy Richards is the one who paid for it? 16 A Yes. 17 Q And you took Tommy Richards aside and had a 18 conversation with him at that restaurant saying I would really 19 like to stay, isn't that true? 20 A No, I thought Thomas was mad at me, and I thought that 21 is why he didn't want me to travel back with him even though I 22 was wanting to go back with him. 23 not want to stay. 24 25 Q He was not getting it I did You are not answering my question. You took him aside, away from Harvey Weinstein and away from Talita, didn't you? Page 2489 1 A I do think we stepped aside. 2 Q When you stepped aside, you asked him if he minded if 3 you stayed because you didn't want to be disrespectful since he 4 bought the tickets? 5 A I don't remember that, but I know we talked. 6 Q Away from Harvey Weinstein? 7 A Yeah. 8 Q You didn't say Thomas, don't make me stay here? 9 A I did express that. 10 Q You said that to him? 11 A Again, from my perspective I felt like it was obvious I 12 didn't want to stay. There was this whole back and forth and -- 13 Q Did you say Thomas, I don't want to stay? 14 A I did say that at the table in front of everybody. 15 Q So, in front of Harvey you said you don't want to stay? 16 A Yes. 17 Q You went away from Thomas and didn't say take me home? 18 A I did not know what was going on in Thomas's mind, I 19 20 thought he was mad at me. Q 21 That is not the question I'm asking. MS. ILLUZZI: 22 something or not. 23 answer please. 24 25 THE COURT: Q She's asking her why she did I'm going to ask you to allow her to Next question. When you told Thomas I don't want to stay, he gave Page 2490 1 Harvey Weinstein your flight information? 2 A There was a bit of a long conversation back and forth. 3 Q All of you or alone? 4 A All of us. Then after it appeared to be decided upon, 5 you know, I still pulled, I do think I talked to Thomas on the 6 side because I didn't understand why he was even being like 7 whatever, stay; and I thought he wanted me to just stay because 8 I thought he was mad at me based on his perception on whatever 9 he assumed about what he saw. 10 11 Q You're doing these mental gymnastics in your mind, he never told you he was mad at you? 12 A Correct. 13 Q So, does he give Harvey your flight information or do A I didn't have access to flight information. 14 15 you? I'm not 16 sure exactly how it was handled; if Thomas sent something there 17 or if they just booked me another flight. 18 was kind of checked out and not really feeling good. I don't remember, I 19 Q You were. At some point Harvey Weinstein left? 20 A Yes. 21 Q You are left alone in New York City? 22 A With Talita. 23 Q But no Harvey? 24 A Right. 25 Q Did you get in a taxi and say take me to JFK? Page 2491 1 2 3 4 A I didn't have money to buy my own ticket, I could not have done that. Q Did you call anyone and say get me out of here, I've been abused? 5 A No. 6 Q You went to the screening where you were going to see 7 Harvey Weinstein? 8 A I did. 9 Q And instead of just saying forget it, I'm not going and 10 11 I'll never see him again, you made a choice and you went? A Harvey knew I was upset, but -- 12 MS. ROTUNNO: 13 THE COURT: 14 question an answer. Objection as to what Harvey knew. Overruled in the context of this 15 Q Go ahead. 16 A I forgot the question. 17 Q If you didn't have money to buy a ticket, how were you 18 19 20 going to stay in New York without Thomas for another night? A The Weinstein Company or Harvey, they rebooked a room I believe, I don't know, I didn't stay there. 21 Q Did you ever get a confirmation for a room? 22 A I don't remember. 23 Q Because there is confirmation for your ticket, but not 24 25 your room, you don't remember? A No, because I did not stay there. Page 2492 1 Q You stayed with Talita? 2 A I did. 3 Q You didn't stay in a closet, correct? 4 A I did, I slept on the floor. 5 Q You did not sleep on her sofa? 6 A No. 7 Q You didn't tell Talita what happened? 8 A No. 9 Q Did you put on a pretty dress and go to the screening 10 of the movie? 11 A I don't know what I wore. 12 Q You don't remember? 13 A No. 14 Q You ran into Harvey's family there? 15 A No. 16 Q You didn't speak to any of his kids there, didn't see 17 his wife? 18 A No, I don't remember if his wife was there or not. 19 Q You knew the next day was Harvey's birthday, correct? 20 A Only when he told me. 21 Q When did he tell you? 22 A When I saw him the next day. 23 Q You saw him the next day? 24 A Yeah. 25 Q On the 19th? Page 2493 1 A If that was his birthday. 2 Q That was. 3 A Yeah. 4 Q You saw him the day after you claim he raped you in the 5 Doubletree? 6 A Yes. 7 Q Where did you see him? 8 A It was some small lobby, I think. 9 Q Of a hotel? 10 A I'm not totally sure. 11 Q Did he ask you to meet him? 12 A He did. 13 Q And you went? 14 A Yes. 15 Q How far was it from Talita? 16 A I don't remember where Talita lived, it was across the 17 water in a subway. 18 Q New Jersey she lived? 19 A It is possible. 20 Q And you don't remember where you went to see Harvey. 21 22 Was it near the Doubletree, far from the Doubletree? A I remember I think I had left my luggage at the hotel. 23 I did go back for it, I don't remember that, and then so I'm not 24 sure if I picked that up and then went like south in New York, I 25 don't remember. Page 2494 1 2 Q And you got in your -- did Harvey send a car, did you get in a taxi, how did you see him? 3 A I don't remember. 4 Q Ms. Mann, you never told anyone you saw Harvey 5 Weinstein the next day on his birthday, have you? 6 A Yes I have. 7 Q Who did you tell? 8 A When I have been -- an investigator ask or whenever I 9 talk about all of this. 10 Q Do you remember who you told that specifically to? 11 A I met with quite a few people between both D.A's. 12 Q Do you know who you didn't tell? 13 A Who? 14 Q Either the grand jury when you took an oath to tell the 15 truth. 16 MS. ILLUZZI: 17 THE COURT: 18 19 20 21 22 Q Objection Judge. Sustained. Did you tell either grand jury that you saw Mr. Weinstein the day after the Doubletree incident? A I just answered questions I was asked, I don't know if that was in the scope. Q Let me ask you this, did you tell it on direct 23 examination on Friday when Ms. Illuzzi was asking you questions 24 that you saw Mr. Weinstein the next day on Harvey's birthday? 25 A I don't know if she asked me that, I just answered what Page 2495 1 2 3 I've been asked. Q Then Jessica, when you leave New York, you reached out to the Weinstein, let me go back. 4 Before you left New York, what was the content of your 5 conversation with Harvey when you met him in some lobby on the 6 19th of March, did you wish him a happy birthday? 7 A Can you restate the question. 8 Q What happened in that lobby meeting on March 19th, did 9 you wish him a happy birthday? 10 A What happened or if I wished him a happy birthday? 11 Q Did you wish him a happy birthday? 12 A Probably. 13 Q What was the content of that conversation? 14 A Um so, he really wanted to see me actually the night 15 before the premier, and I did not want to see him. 16 brought his daughter, I think it was Emma, and he said he wanted 17 to have tea with me. 18 And then he And we talked about Lana Del Rey, he knew that was my 19 favor music artist. 20 one of my movies. 21 He said maybe I'll have her make a song in And Emma talked to me and I don't really remember much 22 about it, but I was very pleasant, just tried to pretend like 23 nothing was wrong and leave after that. 24 25 Q When you left, you reached out to the Weinstein Company and not only asked for a car to take you to LAX, excuse me, JFK, Page 2496 1 you also asked for a car to pick you up when you got to 2 California, correct? 3 A There was two parts to that. 4 Q Yes. 5 A May I explain the first part? 6 Q Let me ask you this, did you ask the Weinstein Company 7 to provide a car for you to go from wherever you were in New 8 York to the airport at JFK? 9 10 11 A They were both offered. I declined the second initially, the first one yeah, they offered me the ride. Q Before we get to that, on the 19th one of the days you 12 were in New York, the 18th or 19th you went to a meeting with 13 Julie Oh at the Weinstein Company, isn't that right? 14 A Yes. 15 Q Was that the 18th or was it the 19th, the day of the 16 screening or the day after? 17 A I don't remember. 18 Q So, you don't remember if it was after your breakfast 19 when they said they were going to change your flight or the next 20 day before you saw Harvey? 21 22 A It was, it would make sense it was at some point after the breakfast. 23 Q Right, the 18th because you went with Talita? 24 A I did go with Talita. 25 Q After you were allegedly assaulted in this New York Page 2497 1 hotel, you have breakfast with your assaulter, correct? 2 A Yes. 3 Q You allow them to change your flight, correct? 4 A Yes. 5 Q Then you go to a reading with Julie Oh at the Weinstein 6 Company? 7 A It was not a reading. 8 Q What was it? 9 A I don't know what it was. She was just mostly talking 10 to Talita how to option a book, what that process is, because 11 Talita had bought a book from Brazil and she wanted to 12 understand how to own the rights to it. 13 Q Did they put you on camera that day? 14 A Not that I'm aware of. 15 Q And you then left and spent the rest of the day with 16 Talita before going to the movie screening? 17 A I don't remember what I did in between. 18 Q Then you went to the movie screening? 19 A Yes. 20 Q The next day you saw him? 21 A Yes. 22 Q I'm going to show you what I'm marking as Defense D D. 23 24 25 ( Handed to witness). Q Showing you two pages I marked as Defense D D for identification. Do you recognize those e-mails? Page 2498 1 A Yes. 2 Q Those e-mails are on March 18th and March 19th of 2018, 3 2013? 4 A Yes. 5 Q You reach out and ask them to set up a car for you to 6 go to JFK, correct? 7 8 A Well, it was already offered to me in person through Harvey, and I declined. 9 Then when I realized I didn't know what I was doing and 10 don't have the money for a taxi, I did ask for help to get 11 there. 12 Q They arranged that for you? 13 A Yes. 14 Q You originally said I can get a ride when I get back to 16 A I thought I would be able to. 17 Q When you could not? 18 A Yes. 19 Q You reach out to the Weinstein Company? 20 A Yes. 21 Q They arranged that for you? 22 A Yes. 23 Q Do those e-mails accurately depict the way they looked, 15 24 25 LAX? the e-mails when they were sent back and forth? A I think so. Page 2499 1 2 MS. ROTUNNO: I ask the identification marks be stricken and Defense D D moved into evidence. 3 THE COURT: 4 MS. ILLUZZI: 5 THE COURT: 6 7 Q Any objection? No objection. D D is received into evidence. Publish it to the jury. Next page. The first part of that e-mail is them sending you your new e ticket, correct? 8 A Yes. 9 Q Then the next e-mail says thank you. Yes, if there is 10 any way I could get a ride to the airport, he asks you do you 11 need us to book a car and you said yes. 12 can do it, it will help me a lot. 13 thank you. 14 exclamation point. If there is any way you This is my first time here, Once I land, I could find a ride home, thanks 15 A Yes. 16 Q Then the second page of those e-mails is asking where 17 you would like to be picked up. 18 the Doubletree Hotel on 51st and Lexington. 19 20 You said my hotel will be fine, So, you had them pick you up the next day at the Doubletree, correct? 21 A Yes. 22 Q That is where the driver came 1:45 in the afternoon and 23 you were there? 24 A Yes. 25 Q And then you asked to be picked up in Los Angeles and Page 2500 1 they made that happen for you? 2 A Yes. 3 Q At any point in time, when you were sending these 4 e-mails, did you let anyone know at the Weinstein Company that 5 their boss had assaulted you? 6 A No. 7 Q And of all the places that you could call for help when 8 you don't have a ride, you called Harvey? 9 A Sorry. 10 Q Of all the people you could called when you needed help 11 because you didn't have money to get a ride, you called Harvey? 12 A Yes, that is how alone I was. 13 Q You didn't ask Thomas the one that bought your plane 14 ticket? 15 A I thought he was mad at me. 16 Q For what, for what Jessica? 17 A I thought he just made an assumption about what he 18 could have assumed by seeing us come down the stairs. 19 Q Did he say anything to you? 20 A He was not really talking to me, that is why I thought 21 he was mad at me. 22 Q Were you trying to fix it? 23 A What do you mean trying to fix it? 24 Q Trying to figure out why he was upset? 25 A He wouldn't really talk to me. Page 2501 1 Q Then Jessica, you are back in New York and on March 2 26th you send an e-mail to somebody named Mallary at the 3 Weinstein Company, isn't that right? 4 A I guess. 5 ( Handed to witness). 6 Q Do you recognize that e-mail? 7 A Um, yes. 8 Q You sent that e-mail to someone at the Weinstein 9 Company named Mallary? 10 A Yeah. 11 Q Does that e-mail accurately depict the way the e-mail 12 13 looked when you sent it? A I guess so,. 14 15 MS. ROTUNNO: stricken and it be moved into evidence. 16 THE COURT: 17 MS. ILLUZZI: 18 THE COURT: 19 20 I ask the identification marks be Any objection? One second Judge. No objection. Double E is received into evidence. Next question. Q It says hi Mallary, I was curious if it has been enough 21 time to e-mail the script to me so I can continue prepping and 22 also, any sides been chosen for the remaining roles, correct? 23 A Yes. 24 Q This was still about Vampire Academy, correct? 25 A I think so. Page 2502 1 2 Q Well, I'll clear it up for you. In April you send an e-mail to Barbara and you are still taking about Vampire? 3 A Yes. 4 Q So, when you send this e-mail, you send this e-mail 5 after you are back in New York, correct? 6 A I'm in New York when I send this. 7 Q After you are back from New York? 8 A Yes. 9 Q Because you came back from New York on March 19th 10 right, 2013? 11 A Yes. 12 Q This is a week later? 13 A Yes. 14 Q Showing you what I marked as Defense FF. 15 ( Handed to witness). 16 Q Do you recognize that e-mail? 17 A Yes. 18 Q Does that e-mail truly and accurately show the 19 conversation you had? 20 A Yes. 21 Q On that day? 22 A Yes. 23 24 25 MS. ROTUNNO: I ask the identification marks be stricken and defense FF be moved into evidence. THE COURT: Any objection? Page 2503 1 MS. ILLUZZI: 2 THE COURT: 3 Q No. Received into evidence. On April 11th you send an e-mail to Barbara 4 Schneeweiss, this is where you let her know that Mia is the role 5 I want to read for, and I saw it on the breakdown earlier. 6 script was not able to be released, but if I'm anything in the 7 looks department in the type for Mia, is it possible for me to 8 get an appointment and the side script released now, thank you 9 for your consideration, correct? The 10 A Yes. 11 Q This is around the same time that you are now telling 12 Harvey you do not think people are taking you seriously, 13 correct? 14 A I this so, yes. 15 Q That was the other e-mail I showed you where right away 16 you got a response Marcy Liroff's people? 17 A Yes. 18 Q Then you responded, Defense G. G. 19 ( Handed to witness). 20 (Continued on next page) 21 22 23 24 25 Page 2504 1 (Continued from the previous page.) 2 Q Do you recognize that email? 3 A Yes. 4 Q And that is an email that you sent to Harvey because 5 now people actually reached out to you, correct? 6 A Yes. 7 Q And does that email truly and accurately depict the 8 9 way it was when you sent it? A Yes. 10 THE COURT: 11 MS. ROTUNNO: 12 THE COURT: 14 MS. ILLUZZI: 15 THE COURT: 17 Yes. I am asking to strike the identification marks and move GG into evidence. 13 16 Are you moving GG into evidence? Any objection? No. Okay. That's received into evidence. BY MS. ROTUNNO: Q And Julia O., when she met with you back at The 18 Weinstein Company -- I am sorry to go back for a second, I 19 forgot about this one. 20 21 22 23 24 25 You had told Julie O. that you were looking for three scripts, correct? A I don't remember that. I know we talked about two others. Q Because you had already read for Vampire Academy and there were two others, correct? Page 2505 1 A Yes, she brought it up first. 2 Q And one was the G verge? 3 A The Giver. 4 Q And St. Vincent De Van Nuys? 5 A That sounds about right. 6 Q And you had told Julie that you wanted to see those 7 scripts? 8 A She offered them to us if we wanted to. 9 Q Did Harvey ever bring those up? 10 A I don't know. 11 Q Did you ever get those? 12 A No. 13 Q And this was after you talked about Vampire Academy, 14 correct? 15 A With Julie? 16 Q Yes. 17 A I don't remember if we talked about Vampire Academy in Julie did. 18 that meeting I know we talked about the books and she mentioned 19 two projects that were coming up with the company. 20 21 Q And then a few days later, April 17th, Harvey reaches out to you and says he is coming to LA, do you remember that? 22 A No but -- 23 Q I am showing you what I am marking as Defense HH. 24 The top is April 19, 2013, 7:11:27. 25 And do you recognize those emails? Page 2506 1 A Yes. 2 Q Do those emails truly and accurately depict the way 3 you sent them and when he sent responses to you? 4 A Yes. 5 MS. ROTUNNO: 6 mark be stricken and HH be moved into evidence. 7 MS. ILLUZZI: 8 THE COURT: 9 No objection. HH is received into evidence. BY MS. ROTUNNO: 10 11 I am asking that the identification Q Harvey says, dear Jessica, I am going to be in LA on Saturday, may be Friday night too. 12 Will you be around? You said, it would be great to see you again and catch 13 up. Here is my schedule with work, where you tell him what you 14 can and can't do, correct? 15 A Yes. 16 Q He then says, Saturday night. 17 call me on Saturday. 18 the earliest. And you say, text me or I will be done around nine I believe is We can work something out from there, correct? 19 A Correct. 20 Q And showing you what I am marking as Defense II for 21 identification, Your Honor it's 7/9/13, 7:48 a.m. 22 23 I am showing you what I have marked as Defense II for identification. Do you recognize that series of emails? 24 A Yes. 25 Q And you reached out to Harvey on July 8th on the Page 2507 1 bottom, correct? 2 A Yes. 3 Q And that truly and accurately depicts the conversation 4 5 that you had on those dates, correct? A Yes. 6 7 MS. ROTUNNO: identification marks and move Defense II into evidence. 8 THE COURT: 9 MS. ILLUZZI: 10 11 12 13 Judge, I would like to strike the THE COURT: Okay. No objection. II is received into evidence. BY MS. ROTUNNO: Q You reach out to Harvey and you say, I fly back on the 12th from Seattle. 14 Let's get together. And he asks you if you are in Seattle now, correct? 15 A Yes. 16 Q He tells you when he is going to be in LA. 17 You say, will you still be in town then. 18 I don't know what that refers to and then he says, 19 will try. 20 And then you say to him, if your schedule won't be 21 there when I return, I can adjust my schedule to be flexible 22 elsewhere, correct? 23 A Yes. 24 Q And then, Ms. Mann, there comes a point where you need 25 work, correct? Page 2508 1 A There was a point in my life, yes. 2 Q And you start looking for work as a hairstylist in 3 around July of 2013, would that be fair to say? 4 A Yes. 5 Q And you are plugged into a lot of different contacts 6 that Harvey has about different stylists that you can work for, 7 correct? 8 A I was, yes. 9 Q And he reaches out to many different people on your 10 behalf, correct? 11 A I think like two or three. 12 Q And you ended up -- one was Frederic Fekki that we 13 talked about earlier, correct? 14 A Yes. 15 Q And he also reached out to someone at the Peninsula 16 Hotel? 17 A Yes. 18 Q And you ended up getting a job at the Peninsula Hotel 19 as a stylist, correct? 20 A Yes. 21 Q And you took that job, correct? 22 A Yes. 23 Q No one forced you to take that job? 24 A No. 25 Q Harvey didn't go with you to any of the interviews, Page 2509 1 correct? 2 A He did not. 3 Q He wasn't there when you had to, I assume, show them 4 how you cut hair? 5 A Yes. 6 Q You had to go in and sort of audition to work there, 7 fair to say? 8 A Yes. 9 Q And show your skill? 10 A Yes. 11 Q And they hired you? 12 A Yes. 13 Q And you were there for several months? 14 A I remember -- don't remember how long but, yes. 15 Q And after you got that job, let me back up. 16 When you were given the contacts for those jobs, you 17 reached out after that, Harvey would put you in touch and then 18 you followed up, correct? 19 20 21 22 A There was an email chain that I responded to and then, yeah, they scheduled an appointment to me. Q Well, you went to Frederic Fekki and you interviewed there? 23 A I did. 24 Q And you actually cut hair there, correct, and you even 25 did color maybe? Page 2510 1 A I don't know if I did color. 2 model. 3 work of hair. I think I had to do a I don't remember what the scope off range was for the 4 Q And you did that, right? 5 A Yes. 6 Q And you did that at The Peninsula, correct? 7 A Yes. 8 Q And you got hired at The Peninsula, correct? 9 A I did. 10 Q And then on August 14th, you reach out to Harvey, 11 sending him a new phone number, correct? 12 A Correct. 13 Q And you tell him that you are trying to get ahold of 14 him because you were getting a new phone number, you dropped 15 yours at work and it won't work properly, correct? 16 A If that's what it said, yes. 17 Q Defense JJ. 18 I am showing you what I have marked a Defense JJ. 19 Do you recognize that email that you sent to Harvey? 20 A Yes, I do. 21 Q Does that email truly and accurately depict the 22 23 message up sent to Harvey Weinstein on that date? A Yes. 24 MS. ROTUNNO: I am asking that it -- 25 MS. ILLUZZI: No objection. Page 2511 1 2 MS. ROTUNNO: be stricken and moved into evidence. 3 4 I ask that the identification marks THE COURT: JJ is moved into evidence. BY MS. ROTUNNO: 5 Q Can you read that for us, Jessica? 6 A Trying to get a hold of you. Getting a new phone in a 7 couple of days. 8 does not have your number as we checked. 9 you need at my new roommate's number, redacted, her name is, 10 Dropped mine and won't work properly. Talita You can reach me if redacted. 11 The movie brilliant and extremely well timed. You 12 never cease to be a part of influential and to the heart 13 stories. 14 favorite movie is still this year's Oscar winner August Asage 15 County, M putting money on it. 16 Hope some of your genius rubs off than me. My As always, I am happy to see your smile and looking 17 forward to sitting down with you and catching up. 18 easier if I lived in New York. Be so much 19 Q Jessica, you sent this in August of 2013, correct? 20 A Yes. 21 Q Five months after you claimed Mr. Weinstein attacked 22 you in a New York hotel, correct? 23 A Yes. 24 Q And what you decide to put into this email is the 25 screening you went to when you say he forced you to stay in New Page 2512 1 York, correct? 2 A What was that? 3 Q The movie you choose to put in here five months later, 4 is the movie that you say he forced you to go and see in New 5 York? 6 A 7 8 9 I never said he forced me to go and see it. changed my travel. Q They I mean, I went to it after. And it's the movie that you went to see the day after you claim you were assaulted in a New York hotel? 10 A Yes. 11 Q And you go on and on about the movie being brilliant 12 and extremely well timed, correct? 13 A Yeah. 14 Q Would you consider that email manipulative, Ms. Mann? 15 A I think I could see what you are saying. So there was 16 an aspect, again, where my flattery and I am going above and 17 bond, yes. 18 Q 19 You reached out to him, not only do I not have my phone, here is my roommate's number, correct? 20 A Yes, uh-hum. 21 Q Because I want you to be able to talk to me? 22 A Well, that's not the reason why, but -- 23 Q Just so he had it? 24 A There is -- there is a reason behind why my behavior 25 was like -- Page 2513 1 2 Q Jessica, you could have emailed him. If he wanted to get a hold of you, he emailed you all the time, correct? 3 A Yes. 4 Q The emails I am showing you are not the only emails 5 between the two of you? 6 A That is correct. 7 Q So you thought it was so important to make sure he 8 9 10 also had a phone number to reach you, correct? A There is a reason that I felt it was important. needed to be the one to give him that, yes. 11 Q And he responds back, right? 12 A Yes. 13 Q Something like, how come you didn't meet me after 14 I award or something? 15 A Right. 16 Q And did you respond? 17 A I don't remember. 18 Q Did he call you at that number? 19 A I don't know. 20 Q Well, I would assume, and correct me if I am wrong, 21 that you spoke regularly on the phone and that's why you were 22 so concerned about him having a phone number? 23 A I don't think we spoke that regularly on the phone. 24 Q But for some reason you wanted to make sure he had a 25 phone number? Page 2514 1 A There is a reason for it, yes. 2 Q And what is it? 3 A Well, a lot of dynamic that I had with him, there are 4 things that happened in society, in my world around that, that 5 I felt like he was -- always had a way to find me and get a 6 hold of me or people would say things and be like, Harvey is 7 looking for you and this and that, so -- 8 Q Who? 9 A Whether it was Talita or sometimes people that I 10 What people would say -- worked with, you know -- 11 Q Who? Who Jessica? Who that you worked with? 12 A Well, when I worked at the Peninsula, there is a lot 13 of people and I had this perception because sometimes I would 14 be asked about him through other people, like such as Talita or 15 people I had worked with. 16 So I am trying to articulate what I felt about how I 17 perceived my society. 18 perceived as not trying to run away from him because I was 19 denying a lot of hurtful things that were happening to me, that 20 it was a another buffer. 21 22 And I felt that at least if I was It's just keeping him happy. number. 23 Everything is okay. Here, see, here is my Let me worship you again. Again, the email, I felt safe on email. 24 Q And you were lying to him? 25 A About what? Page 2515 1 The movie was good. I would use truth and then I 2 would really expound on it. 3 because I didn't know what he would find out that I lied about. 4 5 Q 8 9 As always I am happy to see your smile and looking forward to sitting down and catching up, truth or lie? 6 7 I was kind of scared to lie to him A I was still avoiding him, so there is a -- that's a Q Well, Jessica, you were working at The Peninsula at lie. this time, right? 10 A I think so. 11 Q You are cutting his hair? 12 A Occasionally. 13 Q And you are going up to his room to cut his hair? 14 A Yeah, with every client. 15 Q And, well, there is a salon there also? 16 A There is but there are several -- there are many room 17 18 19 calls. Q Some people come to the salon and some people have you come upstairs? 20 A Yes. 21 Q And you never told the people at the Peninsula, I 22 would rather cut Harvey's hair down here? 23 A No. 24 Q And why on this day, if you remember, were you trying 25 to get a hold of him? Page 2516 1 2 A I don't remember what triggered that but it's probably something in my environment. 3 Q Something that you needed from him? 4 A No. 5 Q When you say something in your environment, what do 6 you mean? 7 A I don't remember around this timeline. 8 THE COURT: 9 MS. ROTUNNO: 10 THE COURT: I don't know. Good time for a break. Sure. Ms. Mann, if you would be good enough 11 to step down and you can give the microphone to the 12 officers and wait in the witness room for further 13 instructions from the District Attorney. 14 (Witness is excused.) 15 16 THE COURT: All right, jurors. Have a good lunch. 17 Please remain mindful of all of my prior 18 admonitions and instructions during this and any other 19 recess. 20 whatsoever, to do with the case. Avoid any and all media or press or anything, 21 See you back here prior to 2:15. 22 Thank you very much. 23 COURT OFFICER: 24 25 Have a good lunch: Remain seated, please. (The jury exited the courtroom and the following occurred:) Page 2517 1 2 THE COURT: Okay. have left. 3 See you at 2:15. 4 MS. ILLUZZI: 5 THE COURT: 6 7 The witness and the jurors May we approach before we leave? Yes. Ms. Rotunno. (Discussion held at the bench, off the record.) 8 (Lunch recess is taken.) 9 (Continued on the next page.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2518 1 ( P.M session of February 3, 2020). 2 THE COURT: 3 All parties are present. Jury is entering. 4 COURT OFFICER: 5 ( Jury enters courtroom). 6 THE CLERK: 7 are present. 8 and properly seated? 9 Jury entering. Case on trial continues, all parties Do the parties stipulate the jury is present MS. ILLUZZI: Yes. 10 MR. CHERONIS: 11 THE COURT: Yes. Let's get the witness back. 12 back jurors, thank you. 13 COURT OFFICER: 14 ( Witness enters courtroom). 15 THE COURT: Welcome Witness entering. All right, welcome back Ms. Mann. I 16 remind you that you are still under oath and the same rules 17 apply. 18 Ms. Rotunno. MS. ROTUNNO: 19 CROSS EXAMINATION CONTINUED 20 BY MS. ROTUNNO: Thank you. 21 Q Good afternoon, Ms. Mann. 22 A Hi. 23 Q Ms. Mann, I'm going to draw your attention to August of 24 2013. 25 Do you remember Harvey reaching out to you telling you Page 2519 1 that he was having dinner with a friend of his who owns the New 2 York Knicks and asking if Talita wanted to come and join for 3 dinner, or if you had another friend? 4 A I do remember that. 5 Q Did you go to that dinner? 6 A I don't have a microphone. 7 Q Did you go to that dinner? 8 A I think that I did. 9 Q And you went to that dinner with Harvey and his 10 11 12 friend. A I do remember that. Did you bring a friend with you? Again, I'm not a hundred percent sure if I went, but I don't think I brought a friend. 13 Q That dinner was La Dolce Vida in California? 14 A I don't know. 15 Q Had you been to La Dolce Vida with Harvey? 16 A I know I've been to an Italian restaurant. 17 Q I'm going to show you what I am marking as defense KK 18 for identification. 19 ( Handed to witness). 20 Q Do you recognize that series of e-mails? 21 A Yes. 22 Q Do they truly and accurately depict the conversation 23 24 25 you had with regard to dinner at La Dolce Vida? A Yes. MS. ROTUNNO: I'm asking the identification marks Page 2520 1 be stricken and KK be moved in evidence. 2 MS. ILLUZZI: 3 THE COURT: 4 Q No objection. KK is received into evidence. In this message, Mr. Weinstein is asking you to meet in 5 the lobby, then you would go to dinner. His friend Jim is in 6 town, he's very single, owns the New York Knicks. 7 want to come and join us for dinner or if you have another 8 friend? Does Talita 9 A Yes. 10 Q You responded saying Talita was out of town in Santa 11 Barbara? 12 A Yes. 13 Q You didn't have to worry about Talita here because she 14 was not available? 15 A That is correct. 16 Q You said I don't know if I met your friend, I will know 17 in person, as I'm a face person. 18 privately with you to share the direction I'm going in life and 19 catch up because it has been a while. 20 I was hoping for some time Do you have another guest you could invite for your 21 friend or should I here (sic) meet you another time. 22 probably a typo, correct? 23 A I don't remember. 24 Q He says happy to see you, want to see you. 25 That is I will get a friend for my friend, spend an hour then you and I will get Page 2521 1 dessert, ice cream. Looking forward to see you, correct? 2 A Yes. 3 Q You wanted to talk to Harvey privately about the 4 direction you were going in your life, correct? 5 A Yes. 6 Q That is what you told him, correct? 7 A Yes. 8 Q You set up a date with him, correct? 9 A Set up this dinner or -- 10 Q Yes. 11 A Well, he set it up. 12 Q You agreed to go? 13 A I think I went. 14 Q And did you meet with him afterwards? 15 A I don't think so. 16 Q So, you did not get to see each other after, didn't 17 18 talk to him about the direction your life was going in? A Well, if it's what I'm remembering, he told me, if it 19 is correct, that he was tired and that we would have to talk 20 another time. 21 22 23 Q And you would remember a dinner with somebody who owns the New York Knicks, correct? A I don't really care about basketball, but I think I was 24 there. I only remember a guy maybe with a goatee, but I do not 25 remember a girl if there was one or anything like that. Page 2522 1 Q Then the next time you reached out to Mr. Weinstein, at 2 least via e-mail, was Tuesday August 27th when you told him 3 again that you got a new phone number, correct? 4 A If that is the next e-mail that we have, yes. 5 Q Tuesday August 27th. 6 I'll show you what I marked as Defense LL for identification. 7 MS. ILLUZZI: No objection. 8 ( Handed to witness). 9 Q Do you recognize that e-mail, Ms. Mann? 10 A Um yeah, I guess it is from me. 11 Q You sent that to Mr. Weinstein, and does that truly and 12 13 accurately depict what you sent on that date? A Yes. 14 MS. ROTUNNO: 15 be stripped and Defense LL be received. 16 MS. ILLUZZI: 17 THE COURT: 18 I'm asking the identification marks Q No objection. LL is received into evidence. It says dear Harv, I got a new number. 19 to have it. Hope you are well. 20 to hear your voice, correct? Call me anytime. Just wanted you Always good 21 A Yes. 22 Q He tells you that he's going to London, right? 23 A Yes. 24 Q Ms. Mann, again, you are reaching out to Mr. Weinstein 25 with your phone number, correct? Page 2523 1 A Yeah. 2 Q Because at the time you wanted him to have it, correct? 3 A I explained why I would give him my number, yes. 4 Q Ms. Mann, you are explaining that because you know when 5 you look at the e-mails, it makes absolutely no sense to say 6 what you are telling this jury now, then having to explain why 7 you would give him your number? 8 9 MS. ILLUZZI: Q Correct? 10 MS. ILLUZZI: 11 THE COURT: 12 13 Q Objection. Sustained. Ms. Mann, you know that when you look at these e-mails, it is a problem given what you testified to this jury? 14 MS. ILLUZZI: 15 THE COURT: 16 Objection. Q Objection. Sustained. Ms. Mann, on September fifth of 2013, you were invited 17 to a premier on Saturday, September 7th to see Mandela by the 18 Weinstein Company, correct? 19 A Yes. 20 Q You were also invited to a premier Sunday, September 21 8th, to see Filomena, correct? 22 A Yes. 23 Q You were invited to go again to see the premier of 24 25 August of Osage County on September 9th, correct? A Yes. Page 2524 1 Q And did you go to any of these? 2 A I don't recall going to any of those. 3 Q These were all out of Los Angeles, would that be fair 4 to say? 5 A What do you mean by out? 6 Q Not in California? 7 A I don't know. 8 Q They were in Toronto? 9 A I didn't know. 10 Q Did you ever travel to Toronto to go to any event? 11 A No, are you sure they were not in L.A. 12 Q I'll show you. 13 A I believe you, I'm just asking. 14 Q I'm sure there may be some in Los Angeles. 15 You were specifically invited to Toronto, remember that? 16 A I never noticed it was in Toronto. 17 Q And at the time this is all happening, this is when you 18 are continuing to interview for jobs as a hairstylist, do you 19 remember that? 20 21 A I remember -- are you talking about when I was -- after the Peninsula or before the Peninsula? 22 Q This is before the Peninsula on September of 2013? 23 A Okay. 24 Q Actually starting as soon as July of 2013 these 25 conversations started happening, correct? Page 2525 1 A Okay. 2 Q And I asked you about whether or not Harvey reached out 3 to Frederick Fakai (phon splg) and put you on the e-mail chain? 4 MS. ILLUZZI: 5 THE COURT: Objection, asked and answered. I'll allow it. 6 Q Correct? 7 A Can you restate the question. 8 Q Harvey was reaching out to Frederick Fakai (phon splg) 9 on your behalf and you were being cc'd on those e-mails, 10 correct? 11 A 12 13 It was Harvey or an assistant, someone from the Weinstein Company. Q Harvey reaches out. Dear Fred, I have a friend who is 14 very attractive who is a hairstylist. 15 styling, she would be brilliant, a real knockout and looks like 16 Natalie Portman. 17 all my best, Harvey? She's sweet to boot. If you have a L.A Looking to work in L.A 18 A Yes. 19 Q Do you remember responding with somebody Frederick and 20 going back and forth? 21 A Yes. 22 Q I'm going to show you what I'm marking as defense MM. 23 ( Handed to witness). 24 Q See those e-mails? 25 A Yes. Page 2526 1 2 3 Q Do those truly and accurately depict the conversation you had at that time? A Yes. 4 MS. ILLUZZI: 5 evidence. It is not a prior inconsistent statement. 6 THE COURT: 7 MS. ROTUNNO: 8 THE COURT: 9 Q I object to it being marked in Can I see it. It does not have to be. Received into evidence. Dear Frederick, I have a friend who is very attractive, 10 a hair stylist. If you have an L.A stylist, she would be 11 brilliant, a real knockout, looks like Natalie Portman, sweet to 12 boot. 13 link you in and you send the information that was needed, 14 correct? 15 A Yeah, but did you show me something else? 16 Q No. 17 A I don't remember this top part. 18 Q It is the same paper. 19 A Okay. 20 Q Then Jessica, did you send Mr. Weinstein a message on Looking for work in L.A. He asks for your resume. They 21 September 12th of 2013 talking about a photographer, a well 22 known photographer you had seen in Los Angeles and you heard him 23 saying some things about Harvey? 24 A Yes. 25 Q You reached out to Harvey on September 11, 2013 to let Page 2527 1 him know about the conversation? 2 A I did. 3 Q He did not reach out to you on that day, correct? 4 A Correct. 5 Q Let me show you what I'm marking as NN. 6 ( Handed to witness). 7 Q Do you remember that e-mail? 8 A Yes. 9 Q Does this e-mail truly and accurately depict the 10 11 conversation you had on September 11th of 2013? A Yes. 12 13 MS. ROTUNNO: be stricken and NN be moved into evidence. 14 MS. ILLUZZI: 15 THE COURT: 16 17 I'm asking the identification marks Q No objection. Okay, that is received into evidence. Ms. Mann, can you read what you sent Mr. Weinstein on September 11th of 2013 to the jury. 18 A 19 other day. 20 top people in the industry, because he's doing a photo shoot 21 revolving around that, and your name came up. 22 beautiful well spoken praise I ever heard came from his lips. 23 I wanted to share something with you I overheard the A well known photographer I met was talking about And the most He said that you have set the bar with every project in 24 the industry that says this is now the standard, and that made 25 me smile because I know that that is true. Page 2528 1 You mastered story telling and continuously are 2 outdoing yourself in the competition. 3 big guy. 4 Q That is the message you sent to Harvey Weinstein? 5 A Yes it is. 6 Q And you sent that to Harvey Weinstein after you 7 You are the bar, miss you overheard someone speaking about him, correct? 8 A I remember talking to this guy. 9 Q And nobody forced you to send this message, right? 10 A That is correct. 11 Q You sent it to Harvey and put a bunch of complements in 12 there? 13 A Yes. 14 Q That is how you saw Harvey Weinstein, isn't that right, 15 on September 11th of 2013, that is exactly the way you felt 16 about Harvey Weinstein, isn't that right? 17 A Um, how I felt about him? 18 Q Yes Jessica. 19 A Well, there is a back story to my feelings of this, but 20 I mean again, there is truth in the fact he is a master story 21 teller, that is true. 22 23 24 25 Q You wanted him to make sure that he knew how you felt about what you heard? A I wanted him to know about this conversation I had with someone and that I was speaking politely about him. Page 2529 1 2 Q Then Jessica, you reached out to Harvey again on September 14th of 2013, isn't that right? 3 A I guess if there is an e-mail, yes. 4 Q In that e-mail, that was close to your birthday, 5 correct? 6 A What is the date? 7 Q September 14, 2013? 8 A A couple of weeks yeah, October second. 9 Q Close to Talita's birthday? 10 A Yeah, I think she's end of September, I'm not sure. 11 Q Showing you what I'm marking as defense OO for 12 identification. 13 correct? 14 A Yes. 15 Q Does that message truly and accurately depict the 16 17 message you sent on that day? A 18 19 You are reaching out to Harvey Weinstein, Yes. MS. ROTUNNO: I'm asking that the identification marks be stricken and OO entered into evidence. 20 MS. ILLUZZI: 21 THE COURT: No objection. Received into evidence as OO. 22 Q Read that to the ladies and gentlemen of the jury. 23 A Talita's birthday is this Sunday, and mine is October 24 25 second. Q Will you be in L.A anytime around my birthday, Jess. He responded to you tomorrow night late, for the Page 2530 1 Emmy's? 2 A Yes. 3 Q You knew when you sent this, the Emmy's were in Los 4 Angeles at that time, correct? 5 A It is possible, I don't know. 6 Q As an actress, you knew where all the parties were as 7 an aspiring actress, fair to say? 8 A 9 industry. 10 Q Well no, yes and no. I was not that informed about the I was learning a lot during this year. So, you weren't informed in September of 2013, but at 11 the time you met Mr. Weinstein at the end of 2012, you were very 12 serious about your craft? 13 A Sorry. 14 Q I said you weren't very informed on September 14th of 15 2013, but when you met Mr. Weinstein at the end of 2012, you 16 were very serious about your craft? 17 MS. ILLUZZI: 18 THE COURT: 19 A Objection Judge. Overruled. I was serious about my craft from even way back when I 20 was in high school, but I had no education. I didn't even know 21 you can go to college for acting school because in my culture, 22 my religion, it was considered evil. 23 MS. ROTUNNO: Objection, nonresponsive. 24 MS. ILLUZZI: Objection to the objection. 25 THE COURT: Answer stands. Page 2531 1 Q Then on September 25th, you reached out to Mr. 2 Weinstein to let him know how things were progressing with 3 Frederick Fakai (phon splg), isn't that right? 4 5 A Yeah, at some point someone asked me from the company, I forget who was in charge of checking in with me. 6 Q 7 correct? 8 A 9 10 You didn't send the message to anybody but Harvey, Yeah, but again, someone, I don't know who it was, there was someone calling me and also some e-mails I think that they were checking in on the progress of how this was going. 11 Q Because he wanted to make sure you got a job, correct? 12 A I don't know what he was thinking. 13 Q He was concerned about making sure the people he set 14 you up with were actually moving forward? 15 MS. ILLUZZI: 16 over three times. 17 THE COURT: 18 19 Objection, this area has been gone The objection is overruled, but let's move on to areas that you have not covered. Q Then again on October 22nd of 2013, Harvey tells you 20 he's coming back to Los Angeles and you set up time to meet, 21 correct? 22 A Yes, if that is the e-mail. 23 Q I'll show you what I'm marking as Defense PP for 24 25 identification. ( Handed to District Attorney). Page 2532 1 ( Handed to witness). 2 Q Do you recall that series of e-mails? 3 A Yes. 4 Q Does that e-mail truly and accurately depict the 5 6 messages sent back and forth? A It was what was sent. 7 MS. ROTUNNO: 8 be stricken, and Defense PP moved into evidence. 9 MS. ILLUZZI: 10 11 I'm asking the identification marks THE COURT: Q No objection. Received into evidence. This is a series of conversations between you and Mr. 12 Weinstein where you talk about what your schedule is. You will 13 nanny, maybe you'll reschedule, and talking about where maybe 14 you could meet, possibly lunch, and he tells you when he's back 15 in Los Angeles, correct? 16 A Yeah. 17 Q He tells you he's proud of you on top of that e-mail? 18 A Yes. 19 Q Because you are telling him in that series of 20 conversations what you are trying to do to better yourself, 21 correct? 22 A 23 Well, I was kind of making excuses why I was busy, but again, I did not want to lie about what I was doing. 24 Q So you were not nannying? 25 A I was. Page 2533 1 Q You were busy that night? 2 A Yeah, I have not fully read all this, but yes. 3 Q And you're telling him you are very honored? 4 A Yes. 5 Q At the end you say by the way, I was so happy you saw 6 me today, very honored, correct? 7 A Yes. 8 Q So, at some point you saw Harvey on Tuesday, October 9 22nd of 2013? 10 A I guess so, yeah. 11 Q Do you remember where that was? 12 A No. 13 Q Now, there was a lot of testimony on your direct 14 examination on Friday with regard to what you felt about the 15 Vampire Academy audition or screening that you did, correct? 16 A Yeah. 17 Q You said that when you saw the breakdown of the part, 18 what was significant to you and you said it exposed so many 19 lies, correct? 20 A Yes. 21 Q And you said those lies had to do with the fact you 22 could never play the character that had the age that you claim 23 she had, correct? 24 25 A I have not been able to actually fully answer what I felt the lies were. Page 2534 1 Q I'm asking if that is one of them? 2 A About the age, the age thing was suspicious, yes. 3 Q But again, you are the one that contacted the casting 4 people and told them what part you wanted to read for, correct? 5 A I saw the breakdown. We did reach out and then they 6 asked, I don't remember them asking me what I wanted to read 7 for, I think we probably went over that, I saw Mia and read from 8 Mia. 9 Q I showed you the e-mail where you said I would like -- 10 A Yeah, I think we went over that. 11 Q And, you then went to do an audition, correct? 12 A Yes. 13 Q On direct examination you said I suppose we can call it 14 an audition, right? 15 A I suppose. 16 Q Now, you went and read in front of a camera, correct? 17 A The second time, yeah. 18 Q You had the sides for the audition? 19 A I did. 20 Q And you and Talita both were able to read? 21 A Yes. 22 Q You were recorded? 23 A Yes. 24 Q And you had never been in an audition at the Weinstein 25 Company before, correct? Page 2535 1 A No. 2 MS. ILLUZZI: 3 THE COURT: 4 5 Q Objection. Overruled, the answer stands. And the first time you read on camera at the Weinstein Company was the time they taped you, correct? 6 A Yeah. 7 Q Jessica, you have seen your audition, correct? 8 A I don't want to see it. 9 Q You have seen it? 10 A No I have not. 11 Q You never seen it? 12 A No. 13 Q So you never watched the audio of you or video doing 15 A No. 16 Q Do you remember you told the ladies and gentlemen of 14 17 it? the jury that it was unlike any audition, correct? 18 A Yes. 19 Q And auditions are done usually in front of a blank wall 20 21 22 23 24 25 or blank curtain or screen, correct? A I was in a casting office, so that part would be the only normal aspect of that whole situation. Q And you went to a casting office that casts parts for a movie, correct? A On a weekday when it was closed. Page 2536 1 Q You don't know what their hours are for whatever 2 reason. Let the record reflect the witness is shrugging her 3 shoulders and -- 4 A I did not shrug shoulders. 5 Q And giving a look with head tilted. 6 A I'm looking at -- 7 MS. ILLUZZI: 8 THE COURT: 9 Q Objection to this. Elicit an answer, sustained. I'm going to mark your audition as Defense Q Q and I'm 10 going to ask that you watch the audition then we will talk about 11 what makes it unlike another audition. 12 13 14 A I don't need to watch it to know what makes it not like a regular audition. Q I get to decide that. 15 MS. ILLUZZI: 16 THE COURT: 17 Objection. Sustained, I get to decide it, move on. 18 MS. ROTUNNO: 19 THE COURT: Can we play the audition? No. 20 Q You said it was not like a regular audition, correct? 21 A Correct. 22 Q You were recorded, correct? 23 A Yes. 24 Q You had sides? 25 A Correct. Page 2537 1 Q 2 read for? 3 A 4 You were able to decide what part you were going to That is not normal, normally they tell you what they want you to read for. 5 Q You were dealing with Harvey Weinstein, correct? 6 A I was dealing with different people in the department 7 and I guess indirectly Harvey. 8 Q That he sent you to -- 9 A Barbara and him overseeing it. 10 Q You never dealt with somebody as big as Harvey 11 Weinstein when it came to an audition? 12 A Correct. 13 Q Why don't you want to see the audition? 14 MS. ILLUZZI: 15 THE COURT: Objection. Sustained. 16 Q Do you remember what time you went to the audition? 17 A No. 18 Q Ms. Mann, is it possible the reason you did not get the 19 part is because you just weren't that good? 20 MS. ILLUZZI: 21 THE COURT: 22 23 24 25 A Objection. Overruled. Well, I know it was a horrible audition because of how I felt for sure. Q That is why you don't want to watch it, correct? MS. ILLUZZI: Objection. Page 2538 1 2 3 THE COURT: Q Sustained. You said on direct examination multiple times that you were avoiding seeing Harvey Weinstein, correct? 4 A Yes. 5 Q But, Ms. Mann, on multiple occasions you reached out to 6 him, correct? 7 A On e-mail, yes. 8 Q And you never called him? 9 A I don't even hardly recall barely speaking to him on 10 the phone. I remember one time I spoke on the phone, there 11 might have been a few more. 12 Q Send him text messages? 13 A I don't recall that. 14 Q You don't recall any text messages with Harvey? 15 A I think they are in the very beginning when I met him I 16 sent something that he literally chastised me like crazy for, 17 and said don't ever send stuff like that. 18 19 20 21 I do not remember what it was or what I did wrong, but I got in trouble. Q Well, the phone records between you and Mr. Weinstein, Ms. Mann, don't start until February of 2014, so -- 22 A Okay. 23 Q Are you certain you text him in the beginning? 24 A That was, I think that is still in the beginning. 25 Q 2014? Page 2539 1 A 2014? 2 Q Yes. 3 A Like I said, I remember only texting him once. 4 5 6 It felt like it was in the beginning, so I don't know. Q And you made phone calls to him, correct, and he made phone calls to you? 7 A I know there is a time I called him. 8 Q And you stated on direct examination when asked if he 9 ever gave you any money, you said absolutely not, correct? 10 A Yes. 11 Q But he took you to dinners, correct? 12 A Um, he took me to that one dinner at the Peninsula. 13 Q With his friend from the Knicks? 14 A Yeah, I think I went to that one. 15 Q That was not the only two dinners you had with Mr. 16 Weinstein from 2012 until 2017, correct? 17 A There was the one with Barbara that I remember. 18 Q And there were many others, would that be fair to say? 19 A I cannot think of many others. 20 Q And he helped you get a job, correct? 21 A Again, against my will, but yes. 22 Q Took you to parties, invited you to parties? 23 A I had party invitations. 24 Q And you went to them? 25 A Yes. Page 2540 1 Q And you wanted to go to them? 2 A There is an aspect that it can still help my career, 3 yeah. 4 Q So you wanted to go? 5 A I did go. 6 Q Let's get to the point where you tell Mr. Weinstein 7 that you are in a relationship. 8 when you met Eddie? 9 10 A And do you remember exactly No, but it was probably around the same time that I met Harvey. 11 Q So, you met Eddie in 2012? 12 A Yes, didn't start dating officially until later, but I 13 14 15 don't remember exactly when I met him. Q Well, do you remember if you started dating Eddie before or after Christmas? 16 A I don't remember. 17 Q Do you remember what the weather was like? 18 A Again, we were, we had chemistry, it was like, just a 19 dynamic that was not official until later, I was not his 20 official girlfriend. 21 Q 22 were? 23 A No. 24 Q So, you sent Harvey an e-mail on November 12, 2013. 25 Do you remember how it became official or where you I'm marking it as People's, Defendant's R. R. Page 2541 1 ( Handed to District Attorney). 2 ( Handed to witness). 3 Q Do you recognize that e-mail? 4 A Yes I do. 5 Q What do you recognize that e-mail to be about? 6 A That my heart was hurting. 7 Q And that e-mail was sent, that is an accurate 8 description of what was sent on that date? 9 A Yes, let me finish reading it. 10 Q Does that truly and accurately depict the contents of 11 12 the conversation on that date? A Yes. 13 MS. ROTUNNO: 14 I ask the identification marks be stricken and R. R moved into evidence. 15 MS. ILLUZZI: No objection. 16 THE COURT: Received into evidence. 17 Q Read that to the ladies and gentlemen of the jury. 18 A My heart is hurting. I don't feel good about being 19 upstairs while you had to get ready, only because it makes me 20 feel like I'm in a situation that would be hurtful to my partner 21 and I know I would not want him in the same situation. 22 23 24 25 I don't want to feel this way because it will make me push away. I know you wanted to know how serious I am about this person, excuse me, and I know I fell in love and I want to do Page 2542 1 right by him. 2 3 I'm learning how to be a woman and I want to make sure I make choices that make me feel like I have integrity. 4 I know you have watched me grow in this. You mentioned 5 it yesterday, that was encouraging. 6 can we please make time where we can be in a setting I feel I 7 can best respect the relationship. 8 9 10 I want to put all of me in. unfailing support and kindness. Next time I get to see you, Thank you for your It has helped me believe in myself. 11 I'm loving these projects you are supporting in film by 12 the way it will change our consciousness in the word support 13 quality until these important stories, Jess. 14 15 Q Harvey says you pick the restaurant, preferably cheeseburgers, correct? 16 A Yes. 17 Q And you laugh with a LOL and smiley face? 18 A Yes. 19 Q This was before you were able to sit down and have a 20 conversation with Harvey about your boyfriend, correct? 21 A I don't know. 22 Q And do you remember when you sent this e-mail talking 23 about how he's watched you grow, he mentioned it yesterday and 24 that was encouraging? 25 A I mean I remember reading that in the e-mail, yes. Page 2543 1 2 Q Do you remember where you were when you saw him when you mentioned it to him yesterday? 3 A No. 4 Q Do you remember if he was in Los Angeles? 5 A I don't remember if that is when I was at the Peninsula 6 or I don't know right this moment. 7 Q And you wanted to talk to him about your relationship, 8 correct? 9 A In this e-mail? 10 Q At some point you said next time I see you I want you 11 to make time so we can talk about this. 12 you, can you please make time where we can be in setting I feel 13 I can best respect the relationship. 14 in. 15 A Next time I get to see I want to put all of me Yeah, I think I was just, didn't want him to put me in 16 whatever situations that were bothering me if it were 17 appropriate. 18 Q He said you pick the restaurant? 19 A He did. 20 Q He did not tell you no, that is not going to happen? 21 A Not in an e-mail he would not. 22 Q He did not tell you that on the phone? 23 A I don't recall having a phone call with him. 24 Q He didn't send a text message? 25 A He would not put anything in writing like that. Page 2544 1 Q He would only say it to you in person? 2 A He would only say the threatening things to me in 3 4 5 person, yes. Q So, you send this message to Harvey Weinstein telling him you are in a relationship, correct? 6 A Yeah, I mean I'm mentioning my partner. 7 Q Based on this e-mail, it is pretty clear you already 8 had a conversation with him about a partner because it was not 9 like oh, I had to tell you something, it was I don't feel great 10 about being upstairs while you had to get ready only because it 11 make me feel like I'm in a situation that would be hurtful to my 12 partner and I know I would not want him in the same situation. 13 A What was the question? 14 Q That is what you wrote, right? 15 A That is what I wrote. 16 Q What you mean by that is the fact if your boyfriend was 17 meeting another woman you would not feel good about that, 18 correct? 19 A I would not feel good about that. 20 Q And you were meeting another man, correct? 21 A Well, I don't, the timeline again, I have to work that 22 out in my brain, but I know that Eddie knew I was still like 23 cutting his hair and he had a problem with that. 24 25 Q e-mail. We will get to that, I'm only asking about this Page 2545 1 A I forgot the question. 2 Q In this e-mail, when you said I don't feel good about 3 being upstairs while you had to get ready, so he was clearly 4 going somewhere without you, would that be fair to say based on 5 your words? 6 A Sure. 7 Q And you didn't like that, right? 8 A What do you mean I didn't like that? 9 Q You did not feel good about it? 10 A I did not want him undressing around me. 11 I did not feel good about him talking his clothes off around me. 12 Q You wanted to say to him I don't want you to do that 13 anymore? 14 A Yeah. 15 Q And you realized? 16 A There was a lot of behaviors I did not want him to do. 17 Q You realized your boyfriend would not have been 18 comfortable and vice versa. You would not have been comfortable 19 if your boyfriend was in this situation? 20 A True. 21 Q You were seeing two people at one time? 22 A Well, I had to be in his hotel room. Again, I do not 23 remember if this was when I was at the Peninsula, there were 24 times I was upstairs with him under work hours. 25 stuff to me on those work hours like grab me or pull me on his So he would do Page 2546 1 lap and kiss me and that would make me very uncomfortable. 2 Q In the hotel room? 3 A Yes. 4 Q While you were have a consensual relationship you 5 continued to have? 6 A The salon called me up to cut his hair. 7 Q You would do that? 8 A Yeah, because it was a considered a client of the 9 10 11 salon. Q Jessica, you were more than Harvey Weinstein's hairstylist, correct? 12 A Yeah, there is a dynamic there, I do not deny that. 13 Q You were going to dinners with him? 14 A I had. 15 Q You were talking to him via e-mail? 16 A Yes. 17 Q Sending him complements? 18 A Yes. 19 Q He was sending you complements back? 20 A He was. 21 Q You were making him believe you cared about him? 22 MS. ILLUZZI: 23 THE COURT: 24 25 A Objection. Overruled. I did want him to think that I was naive and safe and not a threat. Page 2547 1 Q But you are not naive, are you? 2 A I'm observant, I'm not that smart. 3 Q And you wanted Mr. Weinstein -- strike that. You knew 4 exactly what you were saying to Mr. Weinstein because at the 5 point that is exactly how you felt, correct? 6 A Repeat the question. 7 Q You knew exactly what you were saying to Mr. Weinstein 8 in these e-mails because it is exactly what you felt at the 9 time? 10 A My feelings at the time, okay, to understand what I 11 say, you have to understand my perspective and my beliefs, that 12 is not something I have really been able to delve into with 13 you. 14 said, there are reasons for this. 15 16 I agree, I know what I said on e-mail and I said what I Q Ms. Mann, you said that you wanted to be perceived as naive, correct? 17 A Yes. 18 Q You wanted to be perceived as naive, but you were not 19 20 naive, correct? A I don't know how to judge I was not naive versus was. 21 I didn't go to finish college, what is the measuring stick for 22 my smartness? 23 Q Let's talk about your conversation with Eddie. 24 A Okay. 25 THE COURT: Juror number three, you cannot talk Page 2548 1 to the other jurors. 2 THE JUROR: Sorry. 3 Q Do you remember if you spent a Christmas with Eddie? 4 A Yes. 5 Q That would have been Christmas of 2013, correct? 6 A Maybe. 7 Q Well, you broke up sometime later 2014, possibly the 8 fall, would that be fair to say? 9 A Probably. 10 Q So you saw one holiday with him? 11 A Yes. 12 Q It was after that holiday, that you saw Mr. Weinstein 13 at the Peninsula, correct? 14 A I don't know. 15 Q Well, let's talk about your e-mails. 16 Defense SS. 17 I'll mark this as Showing you defense SS for identification. ( Handed to witness). 18 A Yes. 19 Q Does that truly and accurately depict that 20 conversation? 21 A Yes. 22 Q Ms. Mann, you cut Mr. Weinstein's hair the day that you 23 claim he violated you in the Peninsula in 2014, correct? 24 A I don't think I claimed that. 25 Q You cut Mr. Weinstein's hair on January 5th of 2014 or Page 2549 1 possibly January 4th of 2014, is that correct, based on this 2 e-mail I showed you? 3 A I did give him one really bad haircut once. 4 5 MS. ROTUNNO: I'm asking, if I did not say it the identification marks be stricken and this be put up. 6 MS. ILLUZZI: 7 THE COURT: 8 9 10 No objection. SS received into evidence. Q Read that message from Harvey and the message from A Dear Jessica, that is the best haircut and trim I've you. 11 gotten. 12 best. 13 smile and beautiful eyes, but thank you, that makes me so happy 14 to hear, Jess. 15 16 Q I've got a million complements, thank you. All my Harvey, you are the one who makes it look good with your Jessica, this is the day you claim Mr. Weinstein raped you in a hotel? 17 A I never put a date to when I was raped. 18 Q Because it is easier for you not to put a date because 19 20 then you have to answer to these things? A That is not true. 21 MS. ILLUZZI: 22 THE COURT: 23 Q Objection. Overruled. Well Jessica, you said in between the e-mail I showed 24 you from November of 2013 where you tell Harvey you want to have 25 a respectful relationship, you have no contact with him from Page 2550 1 that e-mail until this one, are you aware of that? 2 A Okay. 3 Q And then, you don't have any contact with him for a 4 period of time after except going to parties, would that be fair 5 to say? 6 A Probably. 7 Q And in February, Mr. Weinstein was asking you if you 8 are still with the boy? 9 A Yes. 10 Q Showing you defense TT. 11 12 13 14 ( Handed to witness). Q you had around February 20th of 2014? A 15 16 Does this truly and accurately depict the conversation Yes. MS. ROTUNNO: I'm asking the identification marks be stricken and TT moved into evidence. 17 THE COURT: 18 MS. ILLUZZI: 19 THE COURT: 20 Q 21 the jury. 22 A Any objection? No objection. TT is received into evidence. Read Harvey's e-mail to you in that conversation for Dear Jessica, are you around tomorrow. I'm arriving to 23 Los Angeles this afternoon, here today and tomorrow. 24 the boy, ha, ha, smiley face. 25 Q Still with You know the answer to that. Now, Ms. Mann, this is after you claim he assaulted you Page 2551 1 in the Peninsula Beverly Hills, correct? 2 A Again, I don't know the date, but -- 3 Q Well, Ms. Mann, you had the conversation with Harvey 4 about the fact that you wanted to move on and only see your 5 boyfriend sexually, correct? 6 A I wanted him to stop doing things to me, yes. 7 Q And he says still with the boy, correct? 8 A Yeah. 9 Q He does not tell you that you have to see him, correct? 10 A Correct. 11 Q He does not tell you, you are going to lose your job at 12 the Peninsula if you do not come and talk to him, correct? 13 A He didn't tell me that. 14 Q And no one at the Peninsula did either, correct? 15 A Tell me what? 16 Q You were going to lose your job? 17 A Okay, he didn't say a direct threat like that, no. 18 Q Jessica, he never made one direct threat to you in the 19 five years you knew him? 20 A Yes he did. 21 Q Jessica, you spoke to the detective in Los Angeles and 22 Detective Alatorre said to you has he ever made any direct 23 threat to you and your answer was never a direct threat, is that 24 correct? 25 A Then I am misunderstanding the definition. I took Page 2552 1 things he said to me as they, I guess a direct threat like I'm 2 going to kill you, no. 3 4 5 6 Q Jessica, he did not threaten to take anything away from you, did he? A I would be happy to tell you some things he said for you to determine. 7 Q What direct threats did he make to you, Jessica? 8 A For example -- 9 Q Direct. 10 A He would say okay, we are friends, you want to be my 11 friend in this town. 12 in this town. 13 like that, vague but still threatening. 14 15 Q People who aren't my friend don't do good You are my friend, everything is okay, things Jessica, Harvey Weinstein is a pretty funny witty guy, would that be fair to say? 16 A In public, yes. 17 Q When you sit down with him you told the ladies and 18 gentlemen of this jury he's engaging, correct? 19 A In public, yes. 20 Q You said that he's smart? 21 A He is. 22 Q He's a genus? 23 A He's very smart. 24 Q The guru of Hollywood? 25 A I would say yes. Page 2553 1 Q Complementary to you? 2 A Yes. 3 Q It is your position, Ms. Mann, he would just flip on a 4 dime the minute you were alone with him? 5 6 A he wanted, yes, that is when this monster would come out. 7 8 When he heard the word no and you can't give him what Q And you cut his hair in April of 2014, isn't that right? 9 A I guess so. 10 Q And he sent, you sent him an e-mail saying I heard you 11 wore a hat all week? 12 A Yes. 13 Q Do you remember that e-mail? 14 A Yes. 15 Q And what did you hear that made you send that e-mail? 16 A The one where the driver said, told me that he wore a Q The driver is somebody that you spoke to on a regular 17 18 19 20 21 22 23 hat. basis? A The driver always had his car parked out front at that Peninsula, if he saw me sometimes he would say hi. Q He would say hi to you because he knew you were friends with Harvey? 24 A I think he recognized me. 25 Q Sometimes you would be driven in the car with Harvey, Page 2554 1 correct? 2 A 3 I remember being in the car like two times, but again, the driver was at where I worked. 4 Q 5 somewhere? 6 A I don't recall other than that drive from the airport. 7 Q Does that e-mail truly and accurately depict the 8 Would the driver take you places if you needed to go conversation you had with regard to the hat? 9 A Yes. 10 Q So again, Ms. Mann, you did not ever reach out to Mr. 11 Weinstein to talk about what you heard, correct? 12 A I didn't have to. 13 Q But you did? 14 A I did. 15 MS. ROTUNNO: I'm asking the identification 16 marks be stricken on Defense UU and it be entered into 17 evidence. 18 THE COURT: 19 MS. ILLUZZI: 20 THE COURT: 21 Q Any objection? No objection. UU is received into evidence. We don't have this on the computer. It said I heard 22 you wore a hat all week smiley face, and he responded back I'm 23 Farrell, and then sometime in June Harvey reaches out to you and 24 finds out that you are no longer working at the Peninsula, 25 correct? Page 2555 1 A Correct. 2 Q You left the Peninsula? 3 A Yes. 4 Q You had no problem quitting your job? 5 A I needed to quit that job. 6 Q Well, you quit the job because you were offered another 7 job that paid better, correct? 8 A I was actively seeking a way out from the Peninsula. 9 Q And you left? 10 A Yes. 11 Q You didn't let him know you were leaving? 12 A Correct. 13 Q He was not upset that you left? 14 A I think he was. 15 Q He never communicated that to you, correct? 16 A I don't remember something specific right this moment. 17 Q Well Jessica, the rape that you described that 18 allegedly took place at the Peninsula happened before you left 19 the Peninsular Hotel, correct? 20 A I think it did. 21 Q Well, you were working, because you said I was working 22 so I had to wear professional pants, correct? 23 A Yeah. 24 Q Right? 25 A Yeah, I remember wearing work clothes and pants. Page 2556 1 2 Q And you were in work clothes because you were at the salon going to rooms cutting hair, correct? 3 A I feel like I did work at the Peninsula at that time. 4 Q So, sometime between the letter you sent him in 5 January, excuse me in April, November of 2013 until the time you 6 left the Peninsula, which had to be after the Farrell 7 complement, correct? 8 A What is the question? 9 Q Well, I'm trying to figure out the timeline. 10 A I don't know it. 11 Q Let's try to figure it out with these e-mails. You 12 received an e-mail on April 14th, that you sent an e-mail April 13 14th saying I heard you wore a hat all week? 14 A Yes. 15 Q That was because of a haircut he got, correct? 16 A Yes. 17 Q Was that haircut from you or someone else? 18 A Like I said, I know I gave him a really bad haircut 19 once, so -- 20 Q Do you think that was that day? 21 A It could have been. 22 Q If you only gave a bad haircut once, it would make 23 sense it would be this e-mail you sent? 24 A It could correlate with that, yes. 25 Q So, sometime between April 14th of 2014 and June 19th Page 2557 1 of 2014 when Harvey said I got to the Peninsula and you are not 2 here? 3 A Uh huh. 4 Q That you left? 5 A I did leave the Peninsula. 6 Q It would make sense based upon these conversations that 7 8 9 10 it was sometime between April and June? A No, I'm not claiming that, and I will not attach a timeline, I really don't know. Q Because it does not help you to attach to a timeline? 11 MS. ILLUZZI: Objection. 12 A It actually would help me. 13 Q Let's go through it. 14 15 THE COURT: Q Hold on, sustained, next question. You left the Peninsula before June 19, 2014 because 16 Harvey Weinstein sends you an e-mail on June 19th of 14 saying I 17 got to the Peninsula and low and behold you weren't there, 18 what's going on, correct? 19 A Yes. 20 Q You remember responding to that e-mail, right? 21 A I don't know. 22 23 24 25 ( Continued on next page). Page 2558 1 2 3 (Continued from the previous page.) Q Well, I am going to show you what I am marking as Defense BB for identification. 4 Do you recognize that conversation? 5 A Yes. 6 Q Does that conversation truly and accurately depict the 7 8 conversation that you had on that date? A Yes. 9 MS. ROTUNNO: I am going to ask that the 10 identification mark be stricken and BB be entered into 11 evidence. 12 MS. ILLUZZI: 13 THE COURT: 14 Q No objection. BB is received into evidence. Jessica, let's look at that email. 15 us with the time limit. 16 you are not at the Peninsula. 17 Maybe it will help So on June 19th of 2014, Harvey says, What's going on? And you respond, hello my friend, exclamation point, 18 exclamation point. I was offered another job that pays better 19 because someone saw the work and still I had a -- I decided to 20 take it and to continue making money and to save to build my 21 dream salon, correct? 22 A Yes. 23 Q So now we are past the dream of being an actress, 24 correct? 25 A Yeah. Page 2559 1 Q And at this point you want to build a salon, right? 2 A Well, correction. I still did want to be an actress 3 but, you know, I was getting -- I was pretty affected by that 4 audition thing and -- and I still wanted it but I quit talking 5 about it really with Harvey. 6 Q You were affected by the Vampire Diary audition? 7 A Yes, it was humiliating. 8 Q On June 21st of 2014, he asks you again, are you still 9 married, correct? 10 A Correct. 11 Q And you responded back, happily with a smiley face, 12 correct? 13 A Yes. 14 Q And you ask him, were you gone that long from the 15 Peninsula, correct? 16 A Yes. 17 Q And you say, I been at my new job for almost three 18 months, correct? 19 A Yep. 20 Q So that would mean that you left the Peninsula some 21 time in March or April, correct? 22 A I guess so. 23 Q Well, based on your words, I am asking you. 24 A Yes. 25 Q So some time then between November of 2013 when you Page 2560 1 sent Harvey that email about being upstairs in his room while 2 he is getting ready to the point where you left the Peninsula 3 and you cut his hair and gave him a bad haircut, that's when 4 you are claiming the assault happened at the Peninsula last? 5 A That is not -- I have not made a claim of when that is 6 and I am serious, I don't know. 7 range that I have talked about. 8 9 Q I have an assumption within a Well, Ms. Mann, you claimed it happened at the beginning of letting Harvey know you were in a relationship. 10 A I remember the conversation in that room that I had 11 with him. 12 permission to go have another relations even though I had 13 already started one. I was telling him that I want his, basically, his 14 Q And he is now talking to you about that relationship? 15 A What do you mean? 16 Q Are you still married? 17 A That why -- that's how he would phrase my being in a 18 dating relationship. 19 Q Because he knew you were already in one with Eddie? 20 A At that -- at this email? 21 Q Yes. 22 A Yes, I think that would be a fair thing to say. 23 Q And in that email in March he asked you if you were 24 25 still married, still with the boy, correct? A Okay. Page 2561 1 2 Q And then in July of 2014, in July of 2014, you sent Harvey another email about your dad, correct? 3 A I don't know the email but I guess so. 4 Q I am showing you what I am marking as Defense WW for 5 identification. 6 Now, again, Ms. Mann, I will have you look at that. 7 Does that truly and accurately depict the conversation 8 that you had on that date? 9 A Yes. 10 Q And, Ms. Mann, in that email -- 11 12 MS. ROTUNNO: be stricken and that it be moved into evidence. 13 MS. ILLUZZI: 14 THE COURT: 15 16 17 I will ask that the identification No objection. WW is received into evidence. BY MS. ROTUNNO: Q Jessica, I am going to show you your -- question, that's your email? 18 That's the one we have loaded. 19 You tell Harvey. I am very behind on responding. My 20 father's cancer came back and it has just broken my heart. In 21 between work I have bean driving to Vegas. 22 this has left me exhausted at times, correct? Needless to say, 23 A Yes. 24 Q And you reach out and let him know this, correct? 25 A I was responding to something. I don't know what. Page 2562 1 Q Something old may be? 2 A Well, I clearly said, hi, I am responding to him. 3 He reached out some how. 4 Q And he says to you, just know I think of you. 5 prayers for your dad. 6 chance, correct? My Will be in LA Friday, if you have a 7 A Yeah. 8 Q He doesn't tell you he wants to hurt your dad, does 10 A Not at that moment. 11 Q He tells you he is praying for your dad, correct? 12 A Yes. 13 Q And then the next day he let's you know that he is in 9 14 he? Los Angeles and you respond. 15 16 I am going to show you what I am marking as Defense YY -- Defense XX, excuse me. 17 Do you recognize that email? 18 A Yes, I do. 19 Q Does that truly and accurately depict the conversation 20 21 22 23 on that day? A Yes. MS. ROTUNNO: I am asking that the identification marks be stricken and it be moved into evidence. 24 MS. ILLUZZI: 25 THE COURT: No objection. XX is received into evidence. Page 2563 1 2 MS. ROTUNNO: this uploaded. 3 4 5 If I can use the ELMO. THE COURT: Q Judge, apparently we don't have Okay. It says, dear Jessica, are you around on any evening? I am going to be in LA. 6 You say, there is no one else I would enjoy catching 7 up with that understands me quite like you. 8 work until after seven and come from Santa Monica. 9 will be hungry. 10 What is your timing? I don't get off I know I Do you have time for dinner, correct? 11 A Yes. 12 Q And you are telling him that nobody understands you 13 quite like him, correct? 14 A I did say that. 15 Q Jessica, explain to the Ladies and Gentlemen of the 16 17 18 Jury what relationship re-invented is? A They were people I found on YouTube. I don't know how else to explain it. 19 Q And what is it? 20 A Um, it was teaching you how to have a relationship 21 with yourself, to tell the truth to yourself and own the truth 22 and be comfortable with the truth and they sort of like coach, 23 I guess. 24 Q 25 And before we go there, I want to talk to you about Eddie and I am sorry that I am going back but I want to go back Page 2564 1 to April of 2014, April and May of 2014. 2 You were dating Eddie at that time, correct? 3 A I am not sure. 4 Q Well, you sent Eddie an email on May 22, 2014? 5 6 Do you remember a long email you sent Eddie with regard to Harvey? 7 A Yes. 8 Q And in that email you talk about your relationship 9 with Harvey, correct? 10 A Yes. 11 Q Because Eddie didn't like Harvey, correct? 12 A Yes. 13 Q And Eddie was upset about your relationship with 14 Harvey, correct? 15 A Eddie was upset about everything. 16 Q Well, you didn't tell Eddie about the full nature of 17 your relationship with Harvey, right? 18 A Correct. 19 Q But you would use your relationship with Harvey to 20 make Eddie upset when things got bad between you and Eddie, 21 correct? 22 A I don't know how to answer that. 23 Q Would you throw your relationship with Harvey in 24 25 Eddie's face? MS. ILLUZZI: Objection to the characterization, Page 2565 1 Judge. 2 THE COURT: 3 4 Q Would you use your relationship with Harvey when you and Eddie were arguing? 5 6 Sure. Recharacterize it. A I, again, I don't know how to answer that. It's not quite accurate to the fights that we had. 7 Q Well, before I get to the email from May, you and 8 Eddie were sending each other text messages in March of 2014, 9 do you remember those? 10 A I don't remember but I know we did text. 11 Q Well, do you remember Eddie sending you a text message 12 that says, let's break it down from the beginning. 13 Harvey and asked me if you should date him, in capital letters. 14 Do you remember Eddie sending you that? 15 A Eddie did say that but I did not ask Eddie to date 16 him. 17 me and Eddie had. That is an incorrect characterization of the conversation 18 Q That is what Eddie said to you? 19 A That is what Eddie said to me. 20 Q And not to pursue you, correct? 21 22 23 24 25 You met That you told Eddie -- you asked Eddie if you should date Harvey and have Eddie not pursue you, correct? A That's Eddie's text message to me. conversation me and Eddie had. Q So Eddie is making this up? That's not the Page 2566 1 A Eddie would twist things and be verbally, sometimes 2 abusive, and come at me. So he was, again, twisting a 3 conversation to hurt me in that, yes. 4 Q Just like you did every time you sent Harvey an email? 5 A Are you asking if I was hurting Harvey? 6 MS. ILLUZZI: Objection. 7 Q Well, if you weren't being honest -- 8 A Can you restate the question? 9 Q No, I don't plan to. 10 And then he says, then photo booth, you didn't exactly 11 set the stage for a respectful, loving, trusting relationship 12 Jessica. 13 you don't live in a motherfucking glass house, is what Eddie 14 send you? 15 A Yes. 16 Q And you responded back, fuck you, right? 17 A Yes. 18 Q And you and Eddie had an ongoing argument with regard 19 If you are going to cast a stone, please make sure to Harvey, correct? 20 A It was a point of tension. 21 Q And you never told Eddie that Harvey assaulted you in 22 a hotel room in New York, correct? 23 A No. 24 Q And you never told Eddie that Harvey assaulted you in 25 a hotel room in California when you told Harvey about this new Page 2567 1 loving relationship you wanted to enter into? 2 A Right. 3 Q And you never told Eddie when you wanted integrity in 4 your relationship with him what happened in a hotel room with 5 Harvey? 6 A Right. 7 Q Actually, Jessica, you continued to accept invitations 8 from Harvey after you claim you were raped in a hotel room in 9 Beverly Hills, correct? 10 A Yes. 11 Q And you continued to accept invitations while you were 12 13 14 still dating Eddie, correct? A I remember one event that I went to. I know I turned down others. 15 Q Which one do you remember going to? 16 A It was The Butler, I believe. 17 Q And then you also went to Oscar parties, correct? 18 A Well, I know one year I didn't. 19 20 Eddie was around. Q I went with Eddie to an Oscar party. Well, let's talk about the email that you sent Eddie 21 in May of 2014. 22 Defense YY. I am going to show you what I am marking as 23 THE COURT: YY. 24 THE CLERK: YY. 25 Q I believe that's when It's a multiple page email. Page 2568 1 Do you remember this email? 2 A Yes, I do. 3 Q And does this email truly and accurately depict what 4 you said to Eddie in May of 2014? 5 A I did send this to Eddie. 6 Q And you reference Harvey multiple times in that email, 7 is that correct? 8 A Yes. 9 Q And you talk about your relationship with Harvey? 10 A A part of it, not all of it. 11 Q And how Harvey treats you? 12 A A part of it, yes. 13 Q And Jessica, it's easy for you to say today that it is 14 a part of it because you know that the way you characterized 15 this in this email is a problem based on the rest of your 16 testimony, correct? 17 A No. 18 MS. ILLUZZI: 19 THE COURT: 20 21 Q Objection, Judge. Sustained. How many times did you sit down with the District Attorneys and go over this email? 22 A I don't know. 23 Q Multiple? 24 A Ma'am, I don't know. 25 Q Did they ask you to explain it? Page 2569 1 A Probably. 2 Q Multiple times? 3 A Ma'am I, don't know. 4 Q More than once? 5 A I remember that I actually gave this over, so I am the 6 one that disclosed this. 7 Q We have it too? 8 A But I gave it to you guys. 9 Q No, we have it too. 10 A Okay. 11 Q And you sent that email, right? 12 A I did send this email, yes. 13 Q And never once do you talk about Harvey treating you 14 15 16 poorly, correct? A This was my first step in starting to vocalize things. So this was as far as I got. 17 Q And Eddie didn't even respond to you, did he? 18 A I don't know. 19 Q Well, I think you told Maxine Rosenthal that Eddie 20 never even responded or you told relationship reinvented that 21 Eddie never responded? 22 A Okay. 23 Q Does that email truly and accurately depict what you 24 25 sent to Eddie? A That is an email that I sent. Page 2570 1 2 MS. ROTUNNO: mark be stricken and it be moved into evidence. 3 THE COURT: 4 MS. ILLUZZI: 5 THE COURT: 6 7 Any objection? No objection. YY is received into evidence. BY MS. ROTUNNO: Q 8 9 May I ask that the identification May I have this put up on the screen. I know it's long. I am going to ask you to read the entire email. 10 Jessica, I am going to have you start reading this as 11 long action as it's up on the screen and then I may stop you 12 and ask you for some clarification points, okay? 13 A Okay. 14 Q And the redacted part is to Eddie, correct? 15 A Yes. 16 Q And go ahead. 17 A Dear Eddie. I feel that I know in my heart what I am 18 about to share with you will stay -- this is going to be a 19 little emotional for me -- will stay right here where it is. 20 Q Jessica, would you rather I read it? 21 A No. 22 Q Okay. 23 A I understand if what I say hurts so bad that you seek 24 counsel. 25 I will trust it is with the right people. However, your response on Whats App has really, really Page 2571 1 hurt because I had hoped to be met with love and I feel met 2 with hate. 3 this part of me. 4 myself. 5 will no longer love only parts of me. 6 So I reevaluated my reason for letting you into It is you -- it is to love you and not To let you know the truth of all that I am so that you I would have loved you to be in a place that would 7 have responded. 8 I can't control that. 9 I am here to listen when you want to share but I can read it. 10 I have desperately wanted and pushed you to have an 11 honest relationship with me. 12 parts of myself back -- what I am about to say takes place 13 around the time when we first met through the ons and offs. 14 Yet all along there have been I knew by the things you said, what you would accept 15 in me and what you wouldn't so I lived in fear of rejection. 16 The living in that fear of rejection I found myself 17 angry. 18 life or wounds that I had that I felt judged by them when I 19 didn't know how to change them. 20 I was angry because of the mistakes I had made in my And I could say without knowing who I was at that 21 time, when I finally broke out of the cycle of relationships 22 that were controlling, I rebelled against living my life 23 according to the standards that someone else had set. 24 25 Those standards you have are actually very in line with who I am but when we met I had lost so much of myself to Page 2572 1 controlling relationships, I found myself competing with many 2 aspects of myself or illusions. 3 opposite of what you felt so that I wouldn't feel like I was 4 just living to win your approval. 5 The illusion that I had to do I have said, Eddie can never know X because I would 6 die if he did because I knew what would happen and that would 7 mean that you would never talk to me again. 8 9 There were those around me who said, he never needs to know. In a way I agreed because sometimes things just don't 10 matter or a part of the past but what I do know is that knowing 11 how you would feel about this information during the time I 12 have known you created a dynamic in me that always felt like 13 maybe I never knew the truth of your life. 14 I could not see that you were my mirror, instead I 15 hyper focused on you. 16 part of the dynamic I had with Harvey would mean you would 17 never talk to me again. 18 My secret and my fear is knowing that a I had to work through a lot of delusion in that 19 situation and father issues. I was close enough to him to tell 20 you that he no longer has a working penis. 21 of his body he had some type of surgery or burn and is lucky to 22 even have his parts. 23 tried to tell you when I lived in Silver Lake and you were 24 still at Carries at the Porch. 25 hopeless, that I should just be with an old her man because I On the lower half I never asked what happened. I once I told you how sometimes I felt Page 2573 1 2 am a lost cause. Harvey was the one I believed saw past the junk 3 because my own issues in me found ways to bond in that 4 situation whether they are true or not. 5 I accepted that my father was that older man who dated 6 younger than me and I would in turn became that kind of woman 7 because of my failed relationships. 8 9 Harvey validated me. ways that my parents didn't. He always offered to help me in I felt approval to pursue the 10 industry because he was encouraging. 11 is who he is in it. He encouraged me to and 12 My parents would never invest in me for that. 13 literally left my father's house to escape because I could not 14 live the life they wanted me to live. 15 I I took the last of my money and bought a one-way 16 ticket and a suitcase and one bag and flew to Burbank Airport. 17 I arrived with nothing. 18 because that was my breaking point. 19 later I moved in with Danny in North Hollywood out of the blue 20 and got a job at Bobby Ball. 21 No home. No direction. God provided and a day Nothing in my life fell in to place until I did the 22 unthinkable and bought that plane ticket. 23 miles a day to and from work just to live. 24 25 I just did it I used to walk five Harvey was my father's age and he gave me all the validation I needed. I thought at that time. Page 2574 1 He offered to give me things. I refused them all. I 2 never let him buy me things or give me money when he tried. I 3 did let him change my plane tickets so I could stay an extra 4 day in New York with Talita when I went to the August Asage 5 County screening. 6 big part of myself avoided him because I didn't yet control the 7 situation. 8 9 10 I really saw him because of scheduling and a I think he liked me because in a way he couldn't get me and I didn't take from him. I didn't have an agenda other than my own wounds playing out subconsciously. 11 I have since long ago had very clear boundaries with 12 him. 13 me and he has always been very nice to me. 14 I still had gone to some of the invitations he has sent I held on because I did feel a sense of friendship 15 with him and felt like the situation was finally defined. 16 grew to know who I was. 17 I I did continue to cut his hair once or twice and I 18 think I had to fight for that with you because I needed to not 19 feel shame from what I was afraid you would think. 20 I remember the day I realized I was controlling my 21 world because I was sexually assaulted and that story played 22 out where I played into sexual dynamics with people to feel 23 like I would never be taken advantage of again. 24 When that happened I grieved deeply for myself. 25 It was then I looked at the true father wounds that Page 2575 1 had played out specifically in me with my father and Harvey. 2 tried to make him a pseudo father. 3 Q 4 question. 5 Jessica, I am going stop you there and ask you a This sexual assault you are talking about is from when 6 you were younger, correct? 7 MS. ILLUZZI: 8 THE COURT: 9 Jurors why do we take a break. 10 11 Can she have a break? Ms. Mann, why don't you stay there. Please be mindful of all of my prior admonitions and instructions during this or any other recess. 12 Ms. Mann, why don't you stay there. 13 COURT OFFICER: 14 Jurors follow me, please. (The jury exited the courtroom and the 15 following occurred:) 16 THE COURT: 17 18 19 20 21 22 23 24 25 I Okay, Ms. Mann. Why don't you wait in the witness room for a little while. SERGEANT: Follow me. (Witness is excused.) THE COURT: Ms. Rotunno, Ms. Illuzzi, can you step up a moment. MS. ILLUZZI: Yes. (Discussion held at the bench, off the record.) (The discussion off the record concluded, Page 2576 1 and the following occurred in open court:) 2 THE COURT: 3 (Short recess is taken.) 4 THE COURT: 5 Okay. 6 THE COURT: Why don't you settle in there Ms. Mann. 9 10 Let's recall the witness first. (Witness enters the courtroom.) 7 8 Be back in five minutes? When the jury comes back, I will remind you that you are still under oath. 11 MS. ILLUZZI: 12 before we call the jury back in. 13 14 15 THE COURT: 18 Okay, Ms. Illuzzi, I thought I said -MS. ILLUZZI: 16 17 We might want to wait one second I just want to approach. (Witness is excused.) THE COURT: All right. resume tomorrow at 9:30. 19 MS. ILLUZZI: 20 THE COURT: 21 COURT OFFICER: 22 Yes. Jury is entering. Jury entering. (The jury entered the courtroom and the 23 following occurred:) 24 THE CLERK: 25 All sides agree we should are present. Case on trial continued. All parties Page 2577 1 2 Do the parties stipulate that the jurors are present and properly seated? 3 MS. ILLUZZI: 4 THE CLERK: 5 MS. ROTUNNO: 6 PROSPECTIVE JUROR: People. Yes. Defense. Yes. All right, Jurors. 7 will recess until tomorrow at 9:30. 8 9:30. 9 So we So see you tomorrow at Please remain mindful of all of my prior 10 admonitions and instructions during this or any other 11 recess. 12 the guilt or innocence of this defendant. 13 Keep an open mind. Do not form an opinion as to Do not discuss this case among yourselves or with 14 anyone else nor allow anyone to discuss it in your 15 presence. 16 or communication on the internet or otherwise or 17 electronically or social media-wise. 18 accounts electronically or otherwise about anything, 19 whatsoever, to do with this case. 20 21 22 23 And certainly refrain from any and all research Avoid all media Have a pleasant afternoon and evening. See you tomorrow and we will pick up where we left off. Thank you. (The jury exited the courtroom and the 24 following occurred:) 25 THE COURT: All right. So the jury has left. Page 2578 1 The door is closed. 2 A couple of things, just, there was an attorney 3 here earlier from the office of Mr. Wigdor regarding a 4 Motion to Quash a non-party subpoena and just on its face, 5 the motion to quash is granted because based upon the 6 grounds listed in one and two that the subpoena fails to 7 provide reasonable notice to comply, and second, that the 8 subpoenas are over broad and lacks specificity. 9 reach any grounds contained in parts three or four. 10 11 I do not And so, I am instructing at Clerk of this Court to call Mr. Wigdor's office to tell him that. 12 And that is all I have to say on that matter. 13 Mr. Cheronis. 14 SERGEANT: 15 Judge, can I borrow the ADA real quick? 16 THE COURT: 17 MS. ILLUZZI: 18 Mr. Cheronis necessary, can you wait? 19 MR. CHERONIS: 20 21 Can she wait? Excuse me, one second. Yes. (Short recess is taken.) MR. CHERONIS: Your Honor, the only other issues 22 I wanted to raise in my motion that we discussed this 23 morning not regarding Ms. Postacchini but regarding Mr. 24 Wigdor -- excuse me, Ms. Wulff and Ms. Mann, there was a 25 request, since it's come to light that some of the Page 2579 1 communications that were made to the state were made by Mr. 2 Wigdor, we have received some notes from, I believe, a 3 conversation with Mr. Wigdor but they are redacted. 4 So what we are requesting is if the state can 5 make inquiries, first of all, to give us un-redacted notes 6 that they had with Mr. Wigdor and if there are any 7 communications Mr. Wigdor and Ms. Busse, I think based upon 8 where we are in this situation they should make reasonable 9 inquiry to see if those can be turned over. 10 11 MS. ILLUZZI: You are talking about Mr. Wigdor and Ms. Wulff? 12 He does not have any relationship -- 13 MR. CHERONIS: Nothing to do with this. It was 14 something that I included in the motion that I did not 15 discuss fully. 16 conversations and if he had conversations with Ms. Busse 17 and there is many. They were redacted portions of Mr. Wigdor's 18 MS. ILLUZZI: 19 MR. CHERONIS: 20 THE COURT: 21 So you are requesting that the DA try to get from 22 23 I have to look at it again. All right. Good enough. But I have the same question. Mr. Wigdor un-redacted notes? MR. CHERONIS: Two parts. We have been given 24 redacted notes. Then I think that based on the posture we 25 find ourselves because the information was relayed to the Page 2580 1 DA from Mr. Wigdor regarding Ms. Busse's statement, if he 2 has anything regarding that we are asking that the People 3 make a reasonable request to see if that is available. 4 THE COURT: And the status is that Ms. Wulff and 5 Ms. Busse will be physically present and available for 6 being called -- being re-called and being called? 7 MS. HAST: 8 available tomorrow. 9 tomorrow. 10 11 You asked us to have Ms. Wulff She is planning on being here And with Ms. Busse we are still working on that, but with a goal towards your requested date of Thursday. 12 MR. CHERONIS: 13 in having Ms. Wulff here tomorrow. 14 Ms. Busse. 15 decide whether I am going to recall Ms. Wulff. 16 want to put the cart before the horse. 17 The problem is there is no point I will try to talk to I think I need to speak with her before I So I don't My goal is to speak to Ms. Busse and make that 18 determination but I am not going to decide whether to put 19 on Ms. Wulff until I speak to Ms. Busse. 20 THE COURT: Well, coordinate closely with the DA 21 on that because if she shows up and the DA doesn't have 22 anybody else, I am going to tell them or tell you, this is 23 your opportunity, so -- 24 MR. CHERONIS: 25 THE COURT: It can't be my opportunity, Judge. I won't compel that to be your Page 2581 1 opportunity if you coordinate with them, so don't have her 2 here then tomorrow. 3 MS. ILLUZZI: 4 THE COURT: We can have her here Thursday. That's fine if that is the way it 5 extrapolates and works out but please coordinate with each 6 other. 7 8 Now that you know, Mr. Cheronis, has alerted all of us to him preferring to call Ms. Busse first. 9 10 MR. CHERONIS: Or at least to talk to her which I would have done months ago. 11 THE COURT: If all of that works out the way you 12 see it working out, that will be, of course, fine. 13 Otherwise, you know, I mean -- I guess -- 14 MR. CHERONIS: The whole issue, Judge, is because 15 we didn't have this information in a timely manner. 16 put me in a position -- 17 THE COURT: So to No, that's not the whole issue. 18 That's part of the issue. 19 issue is that no one has been able to talk to this Ms. 20 Busse including the DA. 21 MR. CHERONIS: 22 THE COURT: 23 24 25 Some significant part of the They did talk to her. Beyond what Ms. Hast has said from last week. MR. CHERONIS: Sure, but the point is they had this information in the summer. Page 2582 1 THE COURT: My point is if Ms. Busse is 2 completely unavailable, then you may or may not wish to 3 call Ms. Mann and I want -- 4 MR. CHERONIS: 5 THE COURT: Wulff. Ms. Wulff and I want you to have that 6 opportunity whether it's, you know, with or without Ms. 7 Busse. 8 it, but it may not be. 9 So I would prefer it to be the way that you want MR. CHERONIS: If Ms. Busse is not available, I 10 will ask again to strike the testimony of Ms. Wulff for 11 obvious reasons but we are not there yet. 12 THE COURT: All right. 13 MS. ILLUZZI: 14 THE COURT: Any other issues? No. All right. And can you step up so 15 you can tell me when you think Ms. Mann's testimony is 16 going to conclude so I can order you to have witnesses here 17 in a timely manner? 18 19 MS. ILLUZZI: You don't have to order me. We will have witnesses here in the late morning. 20 THE COURT: We cannot run out of witnesses again, 21 because at this point -- at this point, I will compel you 22 to rest. 23 MS. ILLUZZI: 24 THE COURT: 25 MS. HAST: One time I ran out of witnesses. Two times. Two times. Page 2583 1 THE COURT: 2 All right, see you at 9:30. 3 Thank you. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Three times is out. (The trial was adjourned to February 4, 2020, at 9:30 a.m.) Page 2584 SUPREME COURT NEW YORK COUNTY TRIAL TERM PART 99 ------------------------------------x THE PEOPLE OF THE STATE OF NEW YORK : INDICTMENT # : 2335-18 : 2673-19 : AGAINST : CHARGE : Pred Sex Asslt HARVEY WEINSTEIN : : : Defendant : -------------------------------------x Trial 100 Centre Street New York, New York 10013 February 4, 2020 B E F O R E: HONORABLE: JAMES BURKE, JUSTICE OF THE SUPREME COURT APPEARANCES: (Same as previously noted) ---------------------------------------------------------------------THE CLERK: Case on trial continued, all parties are present. THE COURT: Appearances please. MS. ILLUZZI: MS. HAST: Joan Illuzzi. Meghan Hast. MS. ROTUNNO: MR. CHERONIS: For Harvey Weinstein, Donna Rotunno. For Harvey Weinstein, Damon Page 2585 1 Cheronis. 2 MR. AIDALA: Arthur Aidala. 3 MS. SAMSON: Diana Samson. 4 MR. KAMINS: Barry Kamins. 5 THE COURT: 6 And Ms. Illuzzi, you have an application? 7 MS. ILLUZZI: I do, Judge. I have a witness who 8 cannot stay past this morning really, she has a six o'clock 9 flight out to Los Angeles. 10 She has a professional commitment tomorrow morning 11 she has to make. 12 taking her out of order, and they were disinclined to do 13 that. 14 do that. 15 So I have asked the defense to consent to So I'm asking you, Judge, if you would allow us to MR. CHERONIS: Your Honor, in response to that, we 16 think it is completely improper to call essentially a 17 corroborating witness of Ms. Mann while Ms. Mann is on her 18 cross examination. 19 20 21 This is not a matter of just inconvenience for the State or trying to make things difficult for them. They are calling Ms. Postacchini in essence to 22 corroborate Jessica Mann and to break up her cross 23 examination and put on a witness that then potentially may 24 corroborate Ms. Mann, that is going to bolster her 25 testimony before it is finished. Page 2586 1 We don't know how long Ms. Mann's cross 2 examination will continue; it may be an hour, it may be two 3 hours, but we think at this point it is absolutely 4 premature to put on a corroboration witness of Jessica Mann 5 while she's on the witness stand that essentially bolsters 6 her testimony, it does not allow the jury to look at her 7 testimony independent as it should at this point. 8 9 10 11 You know, if it is us trying to break up Ms. Mann's testimony and put on a witness that contradicted her, the Court would not allow us to do that. I understand scheduling issues and concerns, but 12 to break up the testimony of a key witness in this case to 13 include a bolstering witness and a corroborating witness 14 essentially deprives Mr. Weinstein of his right to 15 effectively cross examine Ms. Mann. 16 It bolsters the State's case, and it may be 17 premature because we don't know if Ms. Mann's testimony 18 will go into the afternoon. 19 And she has a professional engagement, maybe she 20 can change that. This is a serious trial. Ms. Mann's 21 credibility is being questioned, and to resurrect that in 22 the middle of her cross examination by putting on a 23 bolstering witness or corroborating witness violates Mr. 24 Weinstein's right to confront his accusers, violates his 25 right to a fair trial and effective cross examination. Page 2587 1 I have never seen the situation where a cross 2 examination was stopped in the midst of it to put on a 3 corroboration witness of that witness. 4 5 THE COURT: delineate how long she has been here. 6 7 MS. ILLUZZI: So, she has been here for two days Judge. 8 9 What is Ms. Postacchini's scheduling, I asked her last night if she could stay an additional day because the defense opined that Jessica 10 Mann's cross examination may be the entire day, and she 11 said she absolutely cannot stay, that she has professional 12 commitments. 13 back in Los Angeles. 14 Her agent said she's already committed to be THE COURT: She is in New York at the request of 15 the District Attorney for this? 16 MS. ILLUZZI: 17 THE COURT: 18 Yes. This is what she came to New York for? 19 MS. ILLUZZI: 20 THE COURT: 21 MS. ILLUZZI: 22 THE COURT: Yes. When did she arrive? She arrived on Sunday. All right, so during the scheduling 23 conferences, we originally thought, and I guess the 24 prediction was that Jessica Mann would be on the witness 25 stand for all day Friday, the 31st, and that estimate was Page 2588 1 expanded into Monday, February third, which was yesterday. 2 And yesterday I had -- well, on Friday or Thursday I had 3 ordered the People to have witnesses lined up. 4 that estimation and my understanding is they had numerous 5 witnesses here and ready to go if Ms. Mann concluded her 6 testimony. 7 Based upon Yesterday was Monday, and Ms. Mann was on the 8 stand until 3:30 at which time we broke, and is back 9 today. And Ms. Rotunno told me that she is likely to go to 10 at least lunchtime today, and that is fine, she can go as 11 long as is appropriate. 12 stand less than that, which would be fine, but not reliably 13 predictable. 14 And she may be on the witness And I have repeatedly admonished the District 15 Attorney from coming up short on witnesses, which they have 16 twice before, and I'm glad they complied with my direction 17 to have witnesses here. 18 I'm going to allow the witness to be called out of 19 order. 20 and that is understandable from their point of view. 21 there is nothing wrong with calling a witness out of order 22 or calling any particular witness in the middle of another 23 witness's testimony which is more or less what out of order 24 is. 25 People, rather defense has voiced their objection MR. CHERONIS: It is not out of order, it is But Page 2589 1 stopping the cross examination of a witness to put on a 2 witness to corroborate the witness's cross examination. 3 is different than calling a witness out of order. 4 It At the very least, if Ms. Postacchini does not 5 have to leave until six, can we see if Ms. Mann can be 6 finished this morning to alleviate the issue, if not, she 7 can testify first thing after lunch. 8 THE COURT: No. 9 MR. CHERONIS: We are requesting a mistrial. We 10 think this is improper bolstering of a witness; stopping a 11 cross examination in the midst of cross examination to put 12 on a witness that corroborates Jessica Mann. 13 14 THE COURT: All right, and Ms. Postacchini is available now? 15 MS. ILLUZZI: 16 THE COURT: 17 MR. CHERONIS: 18 She's right in the back. Okay, the jurors are -Your Honor, I've been reminded I want to add one other issue. 19 During the course of the cross examination of 20 Jessica Mann, there may be issues that are still going to 21 be delved into regarding Ms. Postacchini, and if that is 22 the case, how is it Ms. Postacchini can testify in advance 23 of that? 24 25 THE COURT: they want to. They can put Ms. Postacchini first if Page 2590 1 MR. CHERONIS: 2 THE COURT: 3 MR. CHERONIS: THE COURT: 7 MS. ILLUZZI: He sent my witness back downstairs MR. CHERONIS: For the record, apparently it is an audition. 11 12 How are we doing on jurors? but she's coming back up. 9 10 I find it hard to believe that I would. 6 8 You may well find some advantage to this, who knows. 4 5 But they didn't. MS. ROTUNNO: It is not something she's scheduled to be paid for. 13 MS. ILLUZZI: She is already scheduled. Her agent 14 said if she does not make it, it will be bad for her, she 15 has to go. 16 17 MS. ROTUNNO: As we believe auditions can be moved. 18 THE COURT: 19 COURT OFFICER: 20 ( Jury enters courtroom). 21 THE CLERK: 22 are present. 23 and properly seated? Okay, jury is entering. Jury entering. Case on trial continued, all parties Do the parties stipulate the jury is present 24 MS. ILLUZZI: 25 MR. CHERONIS: Yes. Yes. Page 2591 1 MR. AIDALA: Yes. 2 THE COURT: Welcome back jurors, thank you for 3 being so prompt again. 4 Before the People recall Ms. Mann to the witness 5 stand for continued cross examination by Ms. Rotunno, they 6 are going to call a witness out of order. 7 your witness. 8 MS. ILLUZZI: People, call Thank you, the People call 9 Emmanuella Postacchini. 10 COURT OFFICER: 11 ( Witness enters courtroom and is sworn in). 12 MS. ILLUZZI: 13 COURT OFFICER: 15 19 In a loud clear voice, give your full name, spelling your last name. A 17 18 I think she does need it, give her the hand held. 14 16 Witness entering. Emmanuella, P. O. S. T. A. C. C. H. I. N. I. COURT OFFICER: A County of residence. Italy. THE COURT: Ms. Postacchini, listen carefully to 20 the questions from the Assistant District Attorney and 21 answer her questions to the best of your ability. 22 Please answer them loudly, clearly, and slowly. 23 Please give full and complete responses to all her 24 questions, but try not to volunteer information that goes 25 beyond her specific questioned area. Page 2592 1 On cross examination, Mr. Cheronis is very likely 2 to ask you questions also. 3 courtesy you're about to give to the District Attorney. 4 Please give to him the same And if you comfortable responding to either 5 attorney's questions directly to the jury, you may do that, 6 otherwise respond to whomever is asking you questions at 7 any given time, okay. 8 Please inquire. 9 10 Try to speak up into the mic. DIRECT EXAMINATION BY MS. ILLUZZI: 11 Q Good morning Ms. Postacchini. 12 A Good morning. 13 Q Can you tell the jury what your occupation is? 14 A An actress. 15 Q Where were you born and raised? 16 A I was born in Ancona and I was raised in Italy. 17 Q When did you come to the United States? 18 A 2013. 19 Q Was that the first time you were in the United States? 20 A No, I use to come, my ex-boyfriend was American, I use 21 22 23 to come the first time was 2009. Q In 2012 or 2013, did you come to live in the United States? 24 A Yes. 25 Q At that time, did you meet a man or did you know a man Page 2593 1 named Harvey Weinstein? 2 A Yes. 3 Q Can you look around the courtroom and tell us if you 4 see Mr. Weinstein here today? 5 A Yes. 6 Q Point him out for the Judge and jury and describe an 7 item of clothing he's wearing today. 8 MR. CHERONIS: 9 THE COURT: Stipulate to identification. Very well. 10 A The individual wearing a purple tie. 11 Q Ms. Postacchini, directing your attention to late 12 February of 2013. Did you have the occasion to go by the 13 invitation of the Weinstein Company to the Soho House? 14 MR. CHERONIS: 15 THE COURT: Objection to leading. Overruled. 16 A Yes. 17 Q And do you recall that party? 18 A Yes. 19 Q Do you recall what you were wearing that day? 20 A Yes, I was wearing a long red dress. 21 Q I'm going to show you a photograph which was previously 22 marked as People's Exhibit 106. 23 ( Handed to witness). 24 Q It is already in evidence. 25 A Yes. Page 2594 1 Q Put it on the screen. Ms. Postacchini, is this a 2 photograph of you at a party at the Soho House in late February 3 of 2013? 4 A Yes, that is me. 5 Q At that party, did you meet new people? 6 A Yes. 7 Q At some point, did you meet a woman named Jessica? 8 A Yes. 9 Q Do you recall who introduced you to Jessica? 10 A Harvey. 11 Q Harvey Weinstein? 12 A Harvey Weinstein, yes. 13 Q And did you have a great deal of time to talk to her at 14 15 16 17 that party? A Not really, it was just more shaking hands and just seeing her. Q I'm going to show you a photograph which has been 18 previously marked in evidence as People's Exhibit Number Eight. 19 Do you recognize the photograph? 20 A Yes, I do. 21 Q Who do you recognize that to be? 22 A Jessica. 23 Q Is that the same Jessica you met at the Soho House in 24 25 February of 2013? A Yes it is. Page 2595 1 2 Q Did there come a time the next day or so that you were asked to go to a different hotel to meet the defendant? 3 MR. CHERONIS: 4 THE COURT: Objection, leading. Overruled. 5 A Yes. 6 Q Do you recall what hotel that was? 7 A Montage Hotel. 8 Q Say that again? 9 A It was the Montage Hotel. 10 Q Is that also in Los Angeles, California? 11 A Yes it is. 12 Q At the that time, where were you meeting the defendant? 13 A At the bar. 14 Q Did you arrive at some point to the bar? 15 A Yes. 16 Q Do you recall if it was morning, afternoon, evening? 17 A It was night. 18 Q Did you come to the hotel by yourself? 19 A Yes I did. 20 Q Did you know, what was the purpose that you were 21 meeting the defendant for? 22 A For a drink. 23 Q Did there come a point in time when you did see Mr. 24 25 Weinstein at that hotel on that date? A Yes. Page 2596 1 2 Q I'm going to show you an e-mail that we have marked as People's Exhibit Number 190? 3 4 MR. CHERONIS: Q May I see it. When you arrived at the bar, when you arrived at the 5 bar that night, did you let someone know from the Weinstein 6 Company that you were there? 7 A Yes, I did. 8 Q How did you do that, how did you let them know? 9 A E-mail. 10 Q I showed you People's Number 190, does that accurately 11 show that communication that you let someone from the Weinstein 12 Company know you arrived at the hotel? 13 A Yes. 14 MS. ILLUZZI: 15 190. 16 THE COURT: 17 MR. CHERONIS: 18 THE COURT: 19 20 I ask it be marked into evidence as Q Any objection? No. Received into evidence. I'm going to ask it to be shown to the jury. Did you wait in the bar for a bit of time before you saw the defendant? 21 A Yes I did, I was in the hallway. 22 Q I cannot hear. 23 A I was in the hallway leading to the bar. 24 Q Did there come a time then when the defendant came 25 downstairs or the defendant, you saw the defendant? Page 2597 1 A Yes. 2 Q By the way, Ms. Postacchini, how was your English back 3 in 2013? 4 A It was very basic. I could definitely have 5 conversations but definitely not as thorough, it was more of a, 6 you know, basic English I would say. 7 8 9 10 Q Tell us what happened when you saw the defendant that night, where did you go? A He came down in the elevator, and he wanted me to get with him in the elevator, then he brought me up to his room. 11 Q 12 room? 13 A Yes there was. 14 Q At this time, who do you recall being there? 15 A Jessica. 16 Q Was it the same Jessica you had met the night before? 17 A Yes, it was. 18 Q Where was she in the room when you walked in? 19 A I remember seeing her on the right in the living room 20 of the hotel room. 21 Q 22 time? 23 A 24 25 When you got to his room, was there anyone else in the Do you recall what if anything she was doing at that No, she was just walking, just standing in the living room of the suite. Q Ms. Postacchini, did Jessica appear to be in any way Page 2598 1 drunk that night? 2 A Not that I recall. 3 Q Were you in any way intoxicated that night? 4 A No. 5 Q Did the defendant appear to be intoxicated at all that 6 night? 7 A No. 8 Q At some point, were you redirected to the bedroom area? 9 A Yes. 10 Q Was that you alone or with someone else? 11 A Me with someone else. 12 Q Who was that? 13 A Jessica. 14 Q At that time, can you tell us what if anything the 15 16 17 18 19 defendant started saying? A He told us to do something, he was yeah, directing us, telling us to do something together. Q When you say something together, was that -- can you describe what that something was? 20 A I can't recall exactly what he was telling us to do. 21 Q Was it something sexual? 22 MR. CHERONIS: 23 THE COURT: 24 25 Objection. Sustained, watch the leading please in this area. Q Well, can you describe the nature of the thing he was Page 2599 1 telling you to do? 2 A Interacting with a female. 3 Q What kind of interaction? 4 A I don't remember. 5 Q And where was it that you and Jessica were at this 6 time? 7 A In the bedroom. 8 Q How, did there come a point in time Jessica left the 9 bedroom? 10 A Yes. 11 Q How long after the directions by the defendant did she 12 leave the bedroom? 13 MR. CHERONIS: 14 defendant. 15 16 17 She testified she did not remember. THE COURT: Q Objection to directions by Sustained as to that. Ms. Postacchini, was the defendant telling you to do things? 18 MR. CHERONIS: 19 MS. ILLUZZI: 20 THE COURT: Objection, asked and answered. She already testified to this. Overruled. 21 A Yes. 22 Q Was he telling just you or telling anybody else? 23 A Both, both of us. 24 Q Did you start doing those things? 25 A I can't remember. Page 2600 1 Q What happened next? 2 A Jessica left the room running away crying. I went 3 after her and I remember crying and some banging on some walls. 4 Then I went after her and she was crying in a fetal position. 5 Q A fetal position? 6 A She was in a fetal position on the ground crying, and 7 so I just tried to, you know, tell her she was not alone, I was 8 there with her. Tried to calm her down. 9 Q Did you leave the hotel room shortly thereafter? 10 A I can't remember when I left the hotel room. 11 Q Did you have any, did you continue to do anything else 12 with Jessica? 13 A No, I remember we were separated. 14 Q When Jessica was running out, what if anything did the 15 defendant say? 16 A I remember him saying what is she doing. 17 Q What was the tone of his voice? 18 A Like what is she doing. 19 Q Can you describe the tone of his voice? 20 MR. CHERONIS: 21 THE COURT: 22 23 24 25 A Objection, asked and answered. Overruled. What is she doing, like he was surprised obviously that she left, and maybe he was a little, he was not expecting that. Q Did you ever see Jessica again? MR. CHERONIS: I did not hear. Page 2601 1 Q Did you ever see Jessica again? 2 THE COURT: Say it again. 3 Q Did you ever see Jessica again? 4 A Yes, I did. 5 Q In what circumstances was that? 6 A I went to her apartment, I was looking for a room to 7 stay in. 8 somewhere to stay a couple of months, and she had a room that 9 just opened up, so I met her at the apartment and her roommate 10 I was not living in Los Angeles, but I was looking for was with her. 11 Q Did you wind up renting that room? 12 A No. 13 MR. CHERONIS: 14 (Read back). 15 MS. ILLUZZI: 16 THE COURT: 17 CROSS EXAMINATION 18 BY MR. CHERONIS: What was the last question? I have nothing else. Mr. Cheronis. 19 Q Good morning, Ms. Postacchini. 20 A Good morning. 21 Q You met Harvey Weinstein in September of 2012 at the 22 Venice Film Festival? 23 A Correct. 24 Q When you met Mr. Weinstein at the Venice Film Festival, 25 initially his assistant approached you, correct? Page 2602 1 A Correct. 2 Q After meeting with Mr. Weinstein at the Venice Film 3 Festival, that sort of led to the possibility of you getting a 4 role in a movie, right? 5 A Yes, yes, it did. When he met me he expressed they 6 were just casting a movie where they were looking for an Italian 7 actress. 8 him. That was the first thing I have been told when I met 9 Q You had a good conversation with Mr. Weinstein? 10 A Yes. 11 Q Would you consider yourself at the time friends with 12 13 14 15 16 Mr. Weinstein? A I just met him, definitely he was being very, I thought he was being, yeah, very nice to propose this to me. Q The movie that you two were discussing was actually a movie called One Chance, right? 17 A Correct. 18 Q There was a role for an individual named Alessandra? 19 A Correct. 20 Q You talked about your English being better now than it 21 was then? 22 A Yes. 23 Q Mr. Weinstein, through the course of your knowing him, 24 25 actually put you in touch with a dialect coach, didn't he? A Yes, he gave me a list of dialect coaches. Page 2603 1 Q That was through one of his assistants? 2 A Correct. 3 Q After the meeting with Mr. Weinstein, after you met him 4 at the Venice Film Festival, he actually flew you to London to 5 read for the role, correct? 6 A Correct. 7 Q You met with one of Mr. Weinstein's assistants out 8 there, right? 9 A Yes sir. 10 Q You actually did the reading for the film? 11 A Yes. 12 Q You never got the role I don't believe? 13 A No. 14 Q But you did do an audition? 15 A I did do an audition, yes. 16 Q And while you were out in London, I think you had 17 dinner with Mr. Weinstein? 18 A A drink, yes. 19 Q There came a point then when you left London and in 20 2013 you received an Oscar invitation, an invitation to a party? 21 A Yes, it was for the Golden Globes. 22 Q That was in January 2013? 23 A Correct. 24 Q The first invitation you had received to a party by Mr. 25 Weinstein? Page 2604 1 A Correct. 2 Q Now, Ms. Illuzzi asked you questions about another 3 party that you went to and she showed you a picture of you 4 wearing a red dress, do you remember that? 5 A Yes I do. 6 Q I want to show you, if I may, what I'll mark as 7 Defendant's X X. 8 9 THE COURT: Q Z Z. 10 11 Z Z. ( Handed to witness). Q Does that truly and accurately depict an e-mail that 12 was sent by Mr. Weinstein to you regarding the invitation to a 13 party at Soho House? 14 A 15 Yes. MR. CHERONIS: 16 stricken and this be introduced into evidence. 17 MS. ILLUZZI: 18 THE COURT: 19 I ask the identification mark be Q No objection. Received into evidence. Blow up the bottom portion of that. That says you 20 essentially responding to the Weinsteins about the Soho House 21 pre Oscar party? 22 A Correct. 23 Q You explained that so kind inviting me tomorrow night 24 for the party at the Soho House, you talked about friends that 25 may be coming with you? Page 2605 1 A Yes. 2 Q Now, you wore a red dress to that party? 3 A Yes I did. 4 Q You did not wear a red dress to the Montage a few days 5 later? 6 A No. 7 Q It would be unlikely, right? 8 A Yes. 9 Q Did you have a conversation with Ms. Illuzzi last night 10 about sort of the timing of this incident with Ms. Mann? 11 A Yes. 12 Q Okay. 13 A I remember approximately the timeline of when that 14 happened. 15 Q But she talked to you last night about it? 16 A Yes. 17 Q Did she call you on the phone or meet with you in 18 Did Ms. Illuzzi talk to you about that timeline? person? 19 A She called me on the phone. 20 Q Did she talk to you about the importance of the 21 timeline? 22 A No. 23 Q But she asked you if you remembered the timeline and 24 25 things like that, right? A Yes, she said when was that approximately happening and Page 2606 1 I answered the question. 2 Q Did she ever ask you that before last night? 3 A Yes, maybe one other occasion. 4 Q Did you ever tell Ms. Illuzzi that the incident that 5 you described with Ms. Mann actually occurred the night of the 6 Soho party? 7 A If I told, excuse me, repeat the question. 8 Q You testified that the incident with Ms. Mann occurred 9 a few days after the Soho party? 10 A Correct. 11 Q Did you ever tell Ms. Illuzzi on a prior occasion that 12 it actually occurred the night of the Soho party? 13 A I don't remember. 14 Q Do you remember what happened at the Soho party, did 15 16 you -A Sorry, actually no, because I am sure of what happened 17 the night of the Soho House. I remember going back to my hotel 18 with my publicist and the other friends of mine. 19 Q After the night of the Soho party? 20 A So, I was sure it could not have been that night. 21 Q So then we get to the night of the Soho House and a few 22 days later I believe on the 26th we looked and at e-mail? 23 A Yes. 24 Q The e-mail we saw Mr. Weinstein reached out to you, 25 right? Page 2607 1 A Yes. 2 Q Then at about 1:12 or so in the morning, you reached 3 out to Mr. Weinstein to let him know you were at the hotel? 4 A Yes. 5 Q Mr. Weinstein didn't force you to come up to his room, 6 did he? 7 A No. 8 Q You went up there willingly with Mr. Weinstein? 9 A I was told I was meeting him at the bar for a drink, 10 then he came down in the elevator and he gestured me to go with 11 him in the elevator. 12 At the time I was there waiting in the hallway and 13 there was another person, I was a little embarrassed by that, 14 obviously I went, so -- 15 Q And when you got up there, you said you saw Ms. Mann? 16 A I did. 17 Q And you don't remember exactly what happened, is that 18 fair to say, or what was said? 19 A When I went and saw Jessica? 20 Q Yes. 21 A I do remember her standing in the living room of the 22 23 24 25 hotel suite and I was surprised to see her. Q Did you have any interaction with Ms. Mann downstairs in the bar prior to that? A Not that I recall. Page 2608 1 Q How old were you at the time? 2 A I was 25. 3 Q You were an adult? 4 A Yes. 5 Q And Ms. Illuzzi asked you questions about whether Mr. 6 Weinstein directed you to do things, right? 7 A Yes. 8 Q He didn't force you to do anything? 9 A Well, I was obviously -- I felt manipulated to being 10 brought to the situation I did not want to be in, especially 11 with another woman. 12 Q He didn't force you to do anything? 13 A No. 14 Q And you didn't see him force Ms. Mann to do anything, 15 correct? 16 A No. 17 Q And it is your testimony that at some point, Ms. Mann 18 left the situation and went into the bathroom and she was 19 crying? 20 A Yes. 21 Q And you said she was in the fetal position? 22 A She was. 23 Q Now, you spoke to the D.A's Office in September of 24 25 2018, do you remember that? A Yes, correct. Page 2609 1 Q When you spoke to the D.A's Office on September 26th of 2 2018, you told the members -- you told the District Attorney 3 regarding that incident that you believed Jessica Mann walked 4 away and was still somewhere in the hotel room, correct? 5 A Correct. 6 Q The first time you spoke to the District Attorney in 7 September of 2018, September 26th, you did not tell them that 8 you went into the bathroom and saw her in a fetal position, did 9 you? 10 11 A I didn't say by the bathroom because I do not recall where she went. 12 Q You didn't recall saying you saw her at some point that 14 A No, I didn't, no. 15 Q When you met with the District Attorney on September 13 16 day? 26th of 2018, they had actually set up that meeting, right? 17 A Yes. 18 Q In advance? 19 A Yes. 20 Q And you met them at a hotel in Beverly Hills? 21 A Yes. 22 Q Ms. Illuzzi had set up the meeting? 23 A Correct. 24 Q So, you knew in advance of the meeting what you were 25 going to be talking about at that meeting, correct? Page 2610 1 A Correct. I was told to think about things because 2 obviously it was the night, it was shocking and traumatic for 3 me, so I was obviously told to think about, to go a little bit 4 into my brain. 5 Q You thought about it? 6 A Yes I did. 7 Q When you talked about it on September 26th of 2018, you 8 did not tell them that you saw Ms. Mann in a fetal position in 9 the bathroom? 10 A No, I did not tell them that. 11 Q On September the 26th of 2018, you also said Mr. 12 Weinstein never forced you to do anything, didn't you? 13 A Yes I did. 14 Q Because he never forced you to do anything? 15 A I was -- I didn't oppose myself, obviously I felt 16 manipulated into a situation I did not want to be in. 17 When you are asked to go to brunch or for a drink 18 obviously that does not mean that you consent into sexual 19 activity or whatever. 20 21 Q But you had sexual activity with Mr. Weinstein before that, hadn't you? 22 A I recall one time with another occasion. 23 Q Prior to that? 24 A Prior to that. 25 Q He didn't force you to do that either, did he? Page 2611 1 A 2 force me. 3 Q 4 No, he didn't, obviously it is, yes, no, he didn't So, you had a sexual interaction with Mr. Weinstein before this threesome with Jessica Mann? 5 A When I was called to meet him for brunch and he 6 basically showed up in his bathrobe and opened his bathrobe and 7 he was naked and asked for a massage. 8 9 10 Q You never told anyone prior to this day Mr. Weinstein showed up in a bathroom (sic) and asked you for a massage, have you? 11 A No. 12 Q You never told that to the District Attorney, did you? 13 A I did tell them. 14 Q In September of 2018, the first time you spoke to them? 15 A I can't remember. 16 Q In fact, what you told the D. A in September of 2018 17 18 was that Mr. Weinstein never forced you to do anything, correct? A To be honest, I wanted just to forget whatever happened 19 and to move on with my life, and I didn't really want to be, 20 like, you know involved. 21 Q You didn't want to be involved, I understand. You told 22 them he never forced you to do anything because that was the 23 truth? 24 A Yes. 25 Q You also had a threesome with Mr. Weinstein after the Page 2612 1 incident with Jessica Mann, correct? 2 A No. 3 Q You had another sexual encounter with him after the 4 incident with Jessica Mann? 5 A Not that I recall. 6 Q You kept in touch with Mr. Weinstein over the years, 7 8 9 didn't you? A Just, you know, obviously I wanted to keep once in a while with -- maybe send him very like, you know, I remember 10 there was a meeting that he wanted to set up for me with a 11 modeling agency, and then just, but I never -- eventually I 12 remember e-mailing when he was in Milan, I never saw him. 13 MR. CHERONIS: 14 mark as triple A. 15 16 17 I am going to show you what I will ( Handed to witness). Q Is that an e-mail you sent Mr. Weinstein on February 28th of 2013? 18 A Yes. 19 Q That would be after the incident that you testified to 20 at the Montage? 21 A Yes, it was. 22 Q Is that e-mail a true and accurately depiction the 23 conversation or at least the e-mail you sent to Harvey 24 Weinstein? 25 A Yes. Page 2613 1 MR. CHERONIS: 2 MS. ILLUZZI: 3 THE COURT: 4 5 Q I ask that be published. No objection. Triple A is received into evidence. This is an e-mail you sent to Harvey a few days after you say an incident that was shocking at the Montage, right? 6 A Yes. 7 Q It says dear Harvey, I was just e-mailing you 8 exclamation point. 9 for giving me the possibility to know Ivan and for being so 10 helpful for both my career and life. 11 12 First of all, I want to thank you so much I'm so happy to hear your words and I'm so thankful to you especially for believing in me. 13 Then yesterday night I went for a dinner at Soho House 14 with some friends from Japan, and there I met David Frankel who 15 remembered me and said hi. 16 17 It was so kind from him. Definitely yesterday has been a great day as you said. All my best, love Emanuela, right? 18 A Yes. 19 Q You sent that e-mail to Mr. Weinstein? 20 A Yes. 21 Q When you sent that e-mail, you chose those words? 22 A Yes. 23 Q Because those were the words that were in your mind 24 25 before you sent the e-mail, correct? A Yes. Page 2614 1 Q Because that is how you felt? 2 A What, could you repeat the question. 3 Q You meant what you said to him, didn't you? 4 A Yes, I also have to say my written English sometimes 5 some wording can be, obviously, I wouldn't phrase it the same 6 way right now where my English is much better, absolutely. 7 Q It's pretty good. 8 A I meant I was actually, you know, just thanking him. 9 Q Pretty good English. 10 A Yes. 11 Q Then in May of 2015, this is triple B. 12 13 like an e-mail you sent to Harvey Weinstein on May 15th of 2013? A Yes, it was. 14 MR. CHERONIS: 15 MS. ILLUZZI: 16 THE COURT: 17 18 Does that look I ask this be published. No objection. Okay, triple B is received into evidence. Q From you to Harvey May 15, 2013. 19 I'll be in Cannes tomorrow. 20 say hi. Harvey, how are you. If you'll be there I'd love you to It's been long time, no seen. Missed you, Emanuela. 21 A Yes. 22 Q You wanted Mr. Weinstein to know you were at the Cannes 23 Film Festival? 24 A Yes. 25 Q You reached out to him for that purpose? Page 2615 1 A Yes. 2 Q Because you were friends with Mr. Weinstein? 3 A Yeah, I mean friends is a big word, but yeah, I would 4 not say friends, but we were, yeah definitely, I was definitely 5 reaching out to him an obviously -- yes. 6 7 8 9 10 Q Because you wanted him to know where you were, if you two could get together while you were in Cannes? A Yes. Obviously, you know, he was one of the most powerful men in Hollywood. As an aspiring actress I was scared that he could -- 11 Q Help your career? 12 A No, no. I was scared, I don't know, he could have done 13 something, you know, spoke badly about me, so I wanted to keep 14 in touch with him even after whatever happened. 15 16 17 18 19 20 Q You are saying you sent that e-mail because you were scared? A No, I sent this e-mail because I was in Cannes and I thought, I knew he was there, and to say hi, keep in touch, yes. Q Okay right. That is not the only e-mail you sent to Harvey Weinstein over the years, correct? 21 A Correct. 22 Q About a month before that, this is triple C. 23 24 25 ( Handed to witness). Q Let me get that one back. to Mr. Weinstein October 10, 2013? Is that an e-mail you sent Page 2616 1 A Yes. 2 MR. CHERONIS: 3 MS. ILLUZZI: 4 THE COURT: 5 MS. ILLUZZI: 6 Q I ask this be published. No objection. Received into evidence. No objection. Harvey how are you. I know it has been a while since 7 we last talk, but I wanted to thank you cause without your help 8 during my first months here in L.A, I wouldn't have accomplished 9 what I did. 10 Barbara found for me an amazing dialect coach. I've 11 been working hard, and after doing my first audition here last 12 July, I got the role for this movie called Thursday. 13 14 I just got back to L.A after being shooting in Europe over a month. 15 If you're in town as well, please let me know. 16 imagine how busy you are. 17 coffee together. 18 But I would love to say hi having a Warmly Emanuela. Then Mr. Weinstein responds he won't be in L.A until 19 October 30th, will you be there then. 20 now. 21 22 23 24 25 I can Yes Harvey, I live here It will be great to see you soon, right? A Yes, but I never saw him. But yes, I did send the e-mail, I wanted to keep in good terms with Harvey, yes. Q You reached out to him in October of 2013 to see if he will be in Los Angeles? A Yes, I wanted to be in good terms with him. Page 2617 1 2 Q And so in order to do that, you reached out to him and said -- 3 A Yes, and said that was I was living in Los Angeles. 4 Q You were already acting at that time, talking about 5 getting another role? 6 A Yes, I was working, yes. 7 Q I'll show you what I will mark as D D D. 8 ( Handed to witness). 9 Q Did you send that to Mr. Weinstein January 2014? 10 A Yes I did. 11 Q I ask this be published. 12 MS. ILLUZZI: 13 THE COURT: 14 Q No objection. Triple D is received into evidence. This is an e-mail you are essentially reaching out to 15 Mr. Weinstein and you are asking him about a potential role in 16 the TV show Marco Polo, right? 17 18 19 20 21 22 23 24 25 A Yes. My agent mentioned there was a series going on. I thought to ask him since I knew him and yeah. Q You reached out to Mr. Weinstein because potentially he might be able to help you with the Marco Polo casting? A With the casting. (Continued on next page) Page 2618 1 2 3 4 5 (Continued from the previous page.) Q Okay. And that's why you reached out to him in January of 2014? A Yes, I have -- by that time I wasn't seeing him. been a long time since the last time I had seen him. 6 Q You probably had a busy schedule at that point? 7 A Could you repeat the question? 8 Q You probably had a busy schedule at that time? 9 A I don't remember. 10 Q And can we see Mr. Weinstein's response, please. 11 And he says here, you are a wonderful actress. 12 are you? 13 hi, right? 14 A Yes. 15 Q And then you say, thank you. 16 17 If something comes up I will let you know. Where Let's say I would appreciate it. And that is -- it's your testimony you didn't see him or say hi, right? 18 A Not that I recall. 19 Q Not that you recall? 20 It's May you have saw him and said, hi or you just don't remember? 21 A I don't remember. 22 Q Well, you would say no because you want to say no or 23 I would say, no, but -- do you not remember? 24 A I don't remember. 25 Q Okay. Let me show you what I am marking triple E and Page 2619 1 that's November the 12th, 2014. 2 3 Does that look like an email you sent to Mr. Weinstein on November 12, 2014. 4 A Yes, I remember this email very well. 5 Q Did you ever meet with Harvey Weinstein? 6 A I got very offended by his response saying, are you in 7 late to tonight, come to the Peninsula, as if he just, 8 obviously, wanted something from me, right. 9 Q So you said, this is my email, are you in LA? 10 love to say hello, long time no see. 11 are in LA, come to the Peninsula. 12 THE COURT: 13 MR. CHERONIS: 14 THE WITNESS: 15 THE COURT: 17 MS. ILLUZZI: 18 THE COURT: 20 Q Yes. Yes and I was very offended by that Any objection? No objection. Triple E is received into evidence. And you were offended by that email? Did you send him a Merry Christmas email in December 22 of 2015? 23 A 25 So you are moving in triple E. BY MR. CHERONIS: 21 24 And then he asks if you email. 16 19 I would Yes. Again, I wanted to keep in touch with him. wanted to keep in good terms. Q You don't remember meeting him at any times -- I Page 2620 1 A No, I didn't. 2 Q Okay. 3 Also, I was married at the time. Now, Ms. Postacchini you testified that these incidents with Mr. Weinstein were not forced, correct? 4 A Yes. 5 Q That's what you told the DA in September of 2018? 6 A The situation was forced but I did not oppose myself 7 to it. 8 Q He didn't make you do anything? 9 A I did not oppose myself. 10 Q At that time you were looking for acting roles, 11 12 correct? A Yeah. To be honest, I actually turned down one -- he 13 one time he proposed me to do a movie role and I turned it 14 down. 15 Q 16 17 So, I mean, yes, of course, I was an actress. If I may have a moment. After Jessica left the room, did you stay with Mr. Weinstein? 18 A I don't recall. 19 Q And do you remember Ms. Mann touching you at all that 20 21 22 night? A The only thing I remember is me hugging her when she left the room. I hugged her -- 23 Q You don't remember fake moaning? 24 A -- but not in a sexual way. 25 Q No fake moaning on your part or anything like that on Page 2621 1 your part that you can recall? 2 A No, I don't remember. 3 Q Thank you. 4 A You are welcome. 5 THE COURT: 6 MS. ILLUZZI: 7 REDIRECT EXAMINATION 8 BY MS. ILLUZZI: 9 Q Any redirect? Yes. Ms. Postacchini, the defense attorney asked you about 10 a meeting that we had, and you and I and my colleague, Kevin. 11 Do you remember Kevin Wilson? 12 A Yes, I do remember. 13 Q That was on September 26, 2018, is that correct? 14 15 MR. CHERONIS: moment? 16 It's important. THE COURT: 17 record.) 19 (The discussion off the record concluded, 20 22 Okay. (Discussion held at the bench, off the 18 21 Judge, may I approach for a and the following occurred in open court:) BY MS. ILLUZZI: Q Ms. Postacchini, do you recall that the defense 23 attorney asked you questions about meeting with the District 24 Attorney, that means, me and my colleague, Kevin. 25 Do you recall those questions? Page 2622 1 A Yes. 2 Q And did we actually meet twice when I was -- 3 MR. CHERONIS: 4 THE COURT: Judge, objection. Overruled as to that. 5 Q Did we meet twice when I was in Los Angeles? 6 A Yes. 7 Q Or Beverly Hills, whatever it is? 8 A Yes. 9 Q And at that time -- 10 MR. CHERONIS: 11 The Court made a ruling? 12 THE COURT: 13 14 Q Judge, can we approach? Not yet. At that time in September of 2018, did you recall what position Jessica Mann was in when you ran after her? 15 A In a fetal position. 16 Q And did you tell us that? 17 MR. CHERONIS: 18 THE COURT: 19 Q 20 defendant. 21 Objection. Sustained. Mr. Cheronis asked you about other situations with the Do you remember those questions? 22 A Yes. 23 Q Did you ever want to have any sexual contact with Mr. 24 Weinstein? 25 A No, I just felt frustrated by the situation. Page 2623 1 Q And when you went up to the -- when you were in the 2 Peninsula Hotel and you met him by the bar area, did you have 3 any intention on having any sexual contact with a female 4 upstairs? 5 A I didn't. 6 Q At the Montage? 7 A No, I did not. 8 At the Montage. I did not have any idea that there would be a woman in the room. 9 Q You felt tricked by that? 10 A Yes. 11 MS. ILLUZZI: 12 THE COURT: 13 MR. CHERONIS: 14 RECROSS-EXAMINATION 15 BY MR. CHERONIS: 16 Q Nothing further. Mr. Cheronis. Yes, sir. Ms. Postacchini, you told the Members of the Jury that 17 you felt forced by Mr. Weinstein or manipulated by him, 18 correct? 19 A Definitely I felt manipulated. 20 Q Do you remember telling the state that there was a Right? 21 time in London where he asked you to come to his room and you 22 said, no? 23 A Not that I recall. 24 Q You don't recall that? 25 A No. Page 2624 1 2 3 Q Do you recall telling the DA in September 26th of 2018, that you never felt forced by Harvey Weinstein? A I wasn't forced because I did not oppose myself but 4 the situation was forced. 5 forced. 6 Q You were an adult, right? 7 MS. ILLUZZI: 8 THE COURT: 9 10 The situation I was brought in was Objection, Judge. Argumentative. Sustained. BY MR. CHERONIS: Q You say it's forced now, right, because you would 11 admit that it's hard to get on the witness stand as an actress 12 and say I had consensual sexual sex with Harvey Weinstein? 13 MS. ILLUZZI: 14 THE COURT: 15 Hold on. 16 THE WITNESS: 17 THE COURT: 18 19 20 Sustained. Hold on. Q never told the DA that you felt manipulated by Mr. Weinstein? 22 THE COURT: 25 Hold on. Would you agree that on September 26th of 2018, you MS. ILLUZZI: 24 Being in a -- BY MR. CHERONIS: 21 23 Objection. Q Objection, Judge. Sustained. You would agree that in September 26th of 2018, you described more than one sexual interaction with Mr. Weinstein? MS. ILLUZZI: Objection. Page 2625 1 MR. CHERONIS: 2 THE COURT: 3 4 Q Sustained. You have had more than one sexual interaction with Mr. Weinstein, correct? 5 MS. ILLUZZI: 6 THE COURT: 7 MR. CHERONIS: 8 MS. ILLUZZI: 9 Thank you. 10 THE COURT: 11 She got in to it, Judge. testimony. 12 Objection. Sustained. No further questions. None for the People. Thank you very much for your You may step down. You are excused. (Witness is excused.) 13 THE COURT: All right, Jurors. We are going to 14 take a five minute break before we resume the testimony of 15 Ms. Mann. 16 Please remain mindful of all of my prior 17 admonitions and instructions during this and any other 18 recess. 19 See you back here in a few minutes. 20 COURT OFFICER: 21 This way jurors. (The jury exited the courtroom and the 22 following occurred:) 23 THE COURT: 24 25 Thank you. Okay. The jury is gone and the door is closed. Mr. Cheronis and Mr. Illuzzi, can you just state Page 2626 1 the conversation we had at the bench. 2 MS. ILLUZZI: Yes, Judge. 3 Mr. Cheronis was directing the witness to one 4 conversation that I had with her on September 26th of 2018, 5 wherein the witness had said that Jessica ran out of the 6 room or walked out of the room and that she knew she was in 7 another place in the hotel room. 8 The following day I had a follow-up conversation 9 with Ms. Postacchini wherein she said that Jessica Mann ran 10 out of the room, was very upset and crying and in the fetal 11 position in the bathroom. 12 I had asked to be able to go back into that to 13 show, based upon the cross-examination, that Ms. 14 Postacchini did, in fact, did remember it. 15 The impression that Mr. Cheronis, in his 16 cross-examination leaves, is that she didn't remember it at 17 that meeting or that -- it was a series of meetings -- but 18 she started thinking about it and he can see from the 19 notes, Judge, that she thought about it more. 20 second conversation, wherein, frankly, Judge, she says 21 that, um, she heard banging against a wall in the hotel 22 room. 23 Ms. Postacchini left the bedroom. We had a She observed 24 Jessica on the floor to a white wall, hugging her knees and 25 rocking back and forth. She attempted to console her. Page 2627 1 So it is a misimpression to leave this Jury with 2 the fact that for some reason on another Ms. Postacchini 3 didn't say that in September of 2018. 4 MR. CHERONIS: It's actually not a misimpression. 5 It's actually the correct Rules of Evidence being applied 6 in the case because it is not a prior consistent statement 7 offered to claim or rebut a recent fabrication because the 8 motive to fabricate came out of the first statement. 9 that is why the Court properly sustained the objection. 10 11 12 THE COURT: 15 16 MS. ILLUZZI: Yes, Judge. (Short recess is taken.) THE COURT: All right. Jury is entering. (The jury entered the courtroom and the 18 following occurred:) 19 THE CLERK: 21 22 All parties being before the Court, including the defendant. 17 20 So we will resume in just a minute or two. 13 14 All right. So Case on trial continued. All parties are present. Do the parties agree that the Jury is present and properly seated? The People. 23 MS. ILLUZZI: 24 THE CLERK: 25 MS. ROTUNNO: Yes. Defense. Yes. Page 2628 1 2 THE COURT: All right. Welcome back, Jurors. Let's recall the witness. 3 Mr. Aidala, put that away, please. 4 MR. AIDALA: 5 have an entire transcript on the cell phone. 6 COURT OFFICER: 7 10 Witness entering. (Witness entered the courtroom.) 8 9 Your Honor, just for the record, I THE COURT: All right. Welcome back, Ms. Mann. I remind you that you are still under oath and the same rules apply. 11 Why don't you settle in there. We will get the 12 microphone back and, Ms. Rotunno, once Ms. Mann looks like 13 she is settled in, please resume your cross-examination. 14 MS. ROTUNNO: Thank you, Judge. 15 J E S S I C A 16 called as a witness on behalf of the People, being previously 17 sworn by the Clerk of the Court, was examined and testified as 18 follows: 19 CROSS-EXAMINATION 20 BY MS. ROTUNNO: 21 Q M A N N, Good morning, Ms. Mann. 22 When we left off yesterday you were in the middle of 23 reading a letter and I had stopped you to clarify when in the 24 letter to Eddie you talked about an encounter that you had had 25 about being sexually assaulted. Page 2629 1 2 You were talking about something that happened to you when you were younger, is that correct? 3 A I am not sure. 4 Q You are not sure? 5 6 And you did testify that you had never told Eddie that you were ever assaulted by Mr. Weinstein, correct? 7 A We didn't talk about it. 8 Q You didn't talk about it, correct? 9 A No, we didn't talk about it. 10 Q I am sorry. 11 A We didn't talk about it. 12 Q Well, Eddie didn't like your relationship with Mr. 13 Weinstein, correct? 14 A He didn't like him in general. 15 Q And you spent time on regular occasions standing up 16 for Mr. Weinstein and your relationship with him to Eddie, 17 would that be fair to say? 18 19 20 21 22 A There were some times I stood up for myself and in that process tried to down play what was really happening. Q And I am going to continue reading and then I will ask you some questions about the rest of this. Continuing on. My shame was I was that girl. 23 that girl who would never -- you would never be in a 24 relationship. 25 growth and healing. And I know in my fear of that I fought for my own Page 2630 1 I fought to heal myself from everything in my life 2 that I felt shame about, to understand it and move on. 3 I hoped I could just bury what you might think about me and if 4 I ever came up, deny aspects of myself I wanted to hide. 5 I hated that I felt judged by you. I think I was angry always 6 feeling from day one when you met me that innately where I was 7 just in a place in life was a place that you would reject. 8 instead of living out my journey freely, I carried a lot of my 9 battles deep inside me and hid them. 10 So Looking back, if I was confident in what I was 11 learning I would have been able to not have you in my life 12 because you could have rejected me. 13 to love myself through it. 14 finding myself in breaking generational beliefs. 15 I wasn't. But I would have been able I was insecure as I was All of this in my heart I think I have carried with me 16 in knowing that I was not the kind of woman you could be with. 17 Instead of knowing how to love myself and not take it 18 as a deep rejection, I was immensely insecure in any love we 19 had. 20 So today I share this with you because I love myself 21 enough to never be in a relationship with you again, hiding 22 something I am afraid of. 23 I am sorry for now I have hurt you. I am finally 24 feeling free in myself for the first time. I am able to talk 25 about this because I have loved myself through it. Page 2631 1 I have taken the lessons and grown. I no longer have 2 personal shame, I have feelings and the biggest hurdle was 3 opening this part of my life to you. 4 Like I said, I hit rock bottom. I felt an illusion 5 after being with you, all the love, all the hopes, all the 6 potential and today as I sit with my heart and higher self, I 7 am being told what I am dreaming about is a fantasy. 8 Until I have the ability to go here with you and face 9 yet more rejection, I would never be living in the fullness of 10 love for myself. 11 I cannot let you feel the fantasy of love with me either. 12 And the reason I have to tell you is because Thank you for being present in this email and 13 listening. 14 to face this part of myself and not live in denial. 15 16 I know it's hard but I love you enough to be able So this is an email that you sent to Eddie back in May of 2014, correct? 17 A Yes. 18 Q And in that email you said that Harvey validated you, 19 correct? 20 A Yes. 21 Q And you were hoping to be able to share with Eddie 22 about a past experience you had that had absolutely nothing to 23 do with Harvey, correct? 24 25 A There is more to the conversation with Eddie I needed to have than just that. Page 2632 1 Q But this is the email you sent him, correct? 2 A I did send that email? 3 Q And he didn't respond to that email, isn't that right? 4 A That is correct. 5 Q And then we started talking about Relationship 6 Reinvented on yesterday, on Monday, and you started to tell the 7 Ladies and Gentlemen of the Jury that Relationship Reinvented 8 was something that you found on YouTube, correct? 9 A Yes. 10 Q And that it was something to help you be truthful to 11 yourself, correct? 12 A I was starting that process, yes. 13 Q And Relationship Reinvented on June 16th of 2014, you 14 put in writing a conversation between you and Eddie, correct? 15 A I don't know. 16 Q I am going to show it to you in a minute. 17 18 Was Relationship Reinvented an online type of a help platform for you? 19 A I have met them in person and I did Skype with them. 20 Q And so, sometimes you would send emails to them, 21 correct? 22 A Yes. 23 Q And on June of 2016, you sent an email that I am going 24 25 to show you. It's a three page email, am I on triple F? THE COURT: Correct. Page 2633 1 What's the date? 2 MS. ROTUNNO: 3 4 5 It is June 16th of 2014. BY MS. ROTUNNO: Q Do you recognize that email that you sent to Relationship Reinvented? 6 A Yes. 7 Q And does that truly and accurately depict a 8 9 conversation you sent to them on June 16th of 2014? A Yes. 10 MS. ROTUNNO: And I am asking that the 11 identification mark be stricken and FFF be entered into 12 evidence. 13 MS. ILLUZZI: 14 THE COURT: 15 16 No objection. Triple F is received into evidence. BY MS. ROTUNNO: Q Jessica, you sent this to Relationship Reinvented and 17 you say to them, oh boy, I really need help on this one. 18 tried to take snapshots of the conversation but I cannot seem 19 to email it from my phone to my computer, so I will just write 20 the dialogue. 21 22 When you say, him, you are speaking about Eddie, is that correct? 23 A I think so, yes. 24 Q Him, did you ever tell Harvey about me? 25 I You, name, no but when I drew boundaries I told him, Page 2634 1 have a plan and a vision for my future with you, the mystery 2 man. 3 always kind to me. 4 wondering but I left it personal to me. Me blessed me and wanted me to have happiness. 5 6 and cast another actor over me in a movie. Jessica, well, I wouldn't take it personal, if anything he maybe doesn't like your manager. 9 10 Was curious who you were and would tease me Him, Eddie, I just found out he overruled a director 7 8 He was Him, feels very personal but if he really didn't know me by name then there is that. 11 Why manager question mark. Me, his ex is Marsha, a client of his managers. 12 Harvey will never compromise making the best movies for 13 vendettas. 14 believes, BEEVES, the other actor is probably right. 15 He generally -- I think that is supposed to be Him, you sound so naive. You are probably one of the 16 most -- he's probably one of the most vindictive people in this 17 fucking industry. 18 work in this industry again, ha, ha. 19 finished, haha. 20 21 He probably coined the term, you will never You, I am not naive. Created, you are You say, he doesn't have what he used to. 22 Him, saying shit like that makes you sound naive, 23 sorry and it disgusts me and I don't want to talk about it 24 anymore. 25 Me, who has he said that too is finished, outside of Page 2635 1 your stories with your manager clients? 2 Him, goodbye Jess. 3 Me, well, you asked my perspective. 4 Him, I didn't ask your perspective. 5 I asked if you fed me to the wolves. 6 You, no. I put myself in the den and it was exciting. 7 Seeing so much being so loe, LOE, the life stories I have that 8 only a tiny experience, it was a thrill. 9 10 I have never seen and experienced firsthand his vindictiveness. 11 12 THE COURT: Q Can you re-read that? I have seen and experienced firsthand his 13 vindictiveness and his treatment of people in the industry that 14 he treats like less than people that is going to continue to 15 hurt him. 16 He isn't the same. Although powerful with what he has built and that is 17 directly from my friends, the Thompson's, whose fiance and work 18 with many A-Listers and producers. 19 Goonies among many. 20 Justin's dad financed the My friend who owns Teet (sic) that was his uncle, 21 Justin's dad saved him from the mafia who he borrowed money 22 from, I forget the name. 23 24 25 They are doing a lot with the new generation of conscious loving people. At this point, Jessica, you are justifying Harvey Page 2636 1 Weinstein to Eddie, is that fair to say? 2 A 3 that. 4 Q It's not a yes or no answer. You continue to say -- he continues to say, what the 5 fuck are you talking about? 6 this? 7 8 9 10 11 And why are you telling me any of You have in quotes, fun being in the lion's den. Why are you even talking to me? Just leave me alone. Seriously, I have to go to work. Jessica, you asked me, so I am telling you my experience. 13 different things. I don't mean to sound like I am saying two Just that he wears different roles. And there is an overlap in the conversation and he 15 says, I didn't ask you shit. 16 said, did you tell him about me? 17 He is vindictive but he isn't. 12 14 It's more to it than I just lost a job. Are you crazy? I didn't -- I I wanted to know if you had 18 something to do with that on top of lying to me for the entire 19 time I have known you. 20 21 22 23 24 25 Jessica, me and I did to at the time in my life which is why I tried on so many hats looking for myself. Him, you barely know yourself. him and think you know him. Stop trying to defend You don't know him. Me, I am not trying to do any of that. it comes across that way. I am sorry if Page 2637 1 Him, he is fucking 50. 2 timeframe you have known him. 3 He is Harvey. 4 You, he is 60. He is not changing in the He is not God. You are not God. I don't think I am God. He will 5 probably die soon of heart failure with the diet he keeps and 6 you are right, you did not ask me for all of my perspective and 7 why I view what I view. 8 9 10 I was trying to him you release the idea that it might have anything to do with me but you will believe what you will believe. 11 And then you say, that's it. 12 And, Jessica, you had multiple chances here to say to 13 Eddie, you are right, he is a bad guy and these are the 14 terrible things he has done to me and you didn't do that, did 15 you? 16 A Eddie wasn't a safe place to talk to. 17 Q Eddie was your boyfriend, correct? 18 A I don't think at that time he was. 19 Q You were done with Eddie already by June? 20 A I think so. 21 Q We are going to get back into that timeline we were 22 talking about. 23 24 25 He wasn't. Now, in this email he reaches out to you on June 16th of 2014. How long do you think you dated Eddie? Page 2638 1 2 3 A I don't know. We were on and off. It was not a healthy relationship. Q And it wasn't a healthy relationship because for one 4 of the reasons he was not happy about your experiences and your 5 time that you spent with Harvey, correct? 6 A He felt I was stupid. 7 Q And you told him you weren't? 8 A I have was defending myself because I felt ashamed. 9 Q And you told him you weren't naive? 10 A Well, I think the conversation shows that I was. 11 Q But, in your words, you weren't naive? 12 A I don't want to be naive. 13 Q And then on June 16th, I am going to mark this as GGG. 14 15 16 17 THE COURT: Q Is that part of the conversation that's not redacted that you sent to Relationship Reinvented on June 22, 2014? A 18 19 Yes, it is. MS. ROTUNNO: THE COURT: 21 MS. ILLUZZI: 22 THE COURT: 24 25 If we can strike the identification marks and have GGG entered into evidence. 20 23 Triple G. Any objection? No objection. Triple G is received in to evidence. BY MS. ROTUNNO: Q If you sent a note to Relationship Reinvented that Harvey emailed you and asked if you can have a drink with him Page 2639 1 on Tuesday and you said, I haven't responded; the friendship we 2 had makes me, of course, want to catch up with him and see all 3 that's going on, correct? 4 A That's what it says. 5 Q And that's what you sent, correct? 6 A Yes. 7 Q And Jessica, again, this is a platform that you chose 8 to go to for help with how you were feeling in your life in 9 2014, correct? 10 A I needed help, yes. 11 Q And in this help, you did not talk to Relationship 12 Reinvented in these emails about Harvey being anything more 13 than a friend to you, correct? 14 A Well, they were included in the conversation where we 15 were talking about his vindictiveness. 16 me, you know, things are a layer at a time. 17 Q They were working on Well, Jessica you didn't tell Relationship Reinvented 18 the place that you were going to tell what you said was the 19 truth to the jury, you did not tell Relationship Reinvented 20 that Harvey Weinstein ever raped you in New York, correct? 21 A 22 with them. 23 Q 24 25 They asked me about sexual assaults and I was vague And, um -- Jessica let me ask the question again. Did you tell anyone at Relationship Reinvented that Harvey Weinstein raped you in a New York hotel? Page 2640 1 A All I said was my community. 2 Q I am sorry. 3 A The only answer in regard to the sexual assault, I 4 endured was I told them it was in my community. 5 Q 6 you mean? 7 A 8 9 10 And when you say, in your community, Jessica, what do At the time my community was Hollywood and also my former community was the church, so -Q Well, you had been sexually assaulted by someone in your church, correct? 11 A Yes. 12 Q When you were younger? 13 A Yes. 14 Q And that would have been a community at the time, 15 correct? 16 A That's what I said. 17 Q And you didn't tell anyone at Relationship Reinvented 18 that you were sexually assaulted by Harvey Weinstein at the 19 Peninsula in Beverly Hills prior to this? 20 A Specifically, no. 21 Q I am going to draw your attention to another 22 Relationship Reinvented email on July 13th of 2014, 8:09 a.m., 23 second page -- excuse me, July 13, 2014 at 3:30 a.m., you sent 24 an email I am marking as HHH. 25 Jessica, I am showing you three pages that were Page 2641 1 redacted by the government but there is a portion that is not 2 redacted. 3 4 Do you remember sending that to Relationship Reinvented? 5 A Yes. 6 Q And does that statement truly and accurately depict 7 8 what you sent back to Relationship Reinvented back in 2014? A Yes. 9 10 MS. ROTUNNO: identification marks and admit HHH into evidence. 11 MS. ILLUZZI: 12 THE COURT: 13 14 Judge, I am asking to strike the No objection. Triple H is received into evidence. BY MS. ROTUNNO: Q Did you tell Relationship Reinvented, I also went to 15 dinner with Harvey the other night. 16 talked to him about all I was going through. 17 I am glad I did because I He gave me good advise on how to continue to be an 18 artist and asked to read some of my screenplays and direction 19 on what schools are great should I want to go back and 20 mentioned it. 21 22 He has always extended his hand to help, should I come to him with something. 23 A Yes. 24 Q And again, this is the forum that you chose to help 25 you go through whatever you felt you were going through at the Page 2642 1 time, correct? 2 A Yes. 3 Q And this, again, based upon your timeline, would have 4 been after what you described to this jury happened at The 5 Peninsula in Beverly Hills, correct? 6 A I believe so. 7 Q Well, you had already broken up with Eddie at that 8 point, correct? 9 A I think so. 10 Q And you claim that the sexual assault in the Peninsula 11 allegedly happened when you told Harvey about Eddie, correct? 12 A What was the question? 13 Q I said, you said that the alleged assault in the 14 Peninsula took place when you told Harvey that you had started 15 to date Eddie? 16 17 18 19 A I didn't tell him who Eddie was but I said that I had met someone. Q That was obviously before you had broke up with him, is that fair to say? 20 A Uh-hum. 21 Q And the person that you were telling Harvey about, 22 although you weren't using his name -- 23 A Uh-hum. 24 Q -- was Eddie? 25 THE COURT: You have to say yes or no. Page 2643 1 THE WITNESS: 2 Q I am showing you what I am marking as Defense III. 3 4 Yes. Jessica, I am showing you an email from July, I believe it's 26th of 2014. 5 Do you recognize that email? 6 A Yes. 7 Q And in that email you reached out to Mr. Weinstein, 8 correct? 9 A Yes. 10 MS. ROTUNNO: 11 marks be stricken and the III be entered into evidence. 12 THE COURT: 13 MS. ILLUZZI: 14 THE COURT: 15 Any objection? No. Triple I is received into evidence. BY MS. ROTUNNO: 16 17 I am asking that the identification Q And starting at the bottom, on July 26, 2014, 4:45 p.m., you reached out and just say hi, correct? 18 A Yes. 19 Q And he reaches out and says, where are you? 20 you? How are Correct? 21 A Yes. 22 Q I apologize, did I do this email already -- we did 23 24 25 this the other day. Strike that. And then in August of 2014 you get invited to a party -- I am going to be to go back. Page 2644 1 2 In -- on August 17th of 2014, you send Harvey an email. Let me show it to you. 3 THE COURT: 4 MS. ROTUNNO: I will mark this as III. Just go to J. Okay. 5 Q And Jessica, do you recognize this email? 6 A Yes. 7 Q And does this truly and accurately depict you reaching 8 out to Harvey on August 17th of 2014? 9 A Yes. 10 Q And in this email you send him a message saying you 11 are supposed to tell me when you are in LA? 12 13 THE COURT: evidence.? 14 MS. ILLUZZI: 15 THE COURT: 16 MS. ROTUNNO: 17 You are moving triple J into No objection. It's received. Thank you. BY MS. ROTUNNO: 18 Q 19 life? 20 And he responded back, not sure yet, how is married And you respond back, life is life darling? 21 A Correct. 22 Q Correct? 23 A Yes. 24 Q At this point, do you tell Harvey that you are no 25 longer with Eddie? Page 2645 1 A No, I was depressed when I wrote this. 2 Q And you reached out to him, correct? 3 A Yes, sometimes I did after, I think, around the break 4 5 6 up. So this could have been around one of those times. Q So after break ups the person you chose to reach out to was the person you claim sexually assaulted you? 7 A Yeah. 8 Q And you reached out to Harvey because you wanted to 9 10 11 see Harvey, isn't that right? A I always had mixed feelings like, why did I do that, but -- 12 Q Well, you did it? 13 A Yeah. 14 Q And you saw him about a week later, isn't that right? 15 A I don't know. 16 Q Well, on August 22nd of 2014, I am going to show you 17 what I am marking as KKK. 18 19 20 21 I don't know if I saw him though. Do you recognize that series of emails? A Yes. MS. ROTUNNO: mark be stricken and KKK be entered into evidence. 22 THE COURT: 23 MS. ILLUZZI: 24 THE COURT: 25 I am asking that the identification Any objection? No objection. Triple K is received into evidence. Page 2646 1 BY MS. ROTUNNO: 2 3 Q And Harvey tells you that he is in LA for about seven hours if you were around, right? 4 A Yes. 5 Q And you say, what time are you free for a drink? 6 He tells you what time. 7 You say, I am done after seven. 8 See you roof top and you actually, go and meet him that day, isn't that right? 9 A I don't know if I did. 10 Q Well, you said on direct examination that you remember 11 meeting him on the roof top? 12 13 14 A Well, I have been on the roof top a few times with Q And then on September 2nd, Harvey reaches out to you him. 15 again telling you that he is coming to LA and we will mark this 16 as page HHH? 17 THE COURT: No, L. 18 MS. ILLUZZI: L. 19 MS. ROTUNNO: L, I am sorry. 20 Q Do you recognize that series of conversations? 21 A Yep. 22 Q Does that conversation truly and accurately depict the 23 24 25 conversation from September of 2014? A Yes. MS. ROTUNNO: I am asking that the identification Page 2647 1 mark be stricken and LLL be entered into evidence. 2 MS. ILLUZZI: 3 THE COURT: 4 5 No objection. Triple L is received into evidence. BY MS. ROTUNNO: Q And Harvey tells you that he is -- I am arriving in LA 6 this afternoon. 7 All my best, Harvey? 8 I would love to see you if you are around. You say I am free. What time? 9 A Yes. 10 Q You go back and forth. 11 He says, how is tomorrow morning, if not I will figure it out. 12 You tell him when you work. 13 early eight or after work. 14 would have to leave Beverly Hills. 15 16 And he says, it's crazy tonight. 18 You say, great. You You are worth it. That works best for me. See you then. 20 And he responds, kool and the gang, correct? 21 A Yes. 22 Q And did you see Harvey? 23 A I don't recall. 25 Let's do early. talk about the time. He says, I will make it work. 24 You say, okay, we can do You are talking about when you 17 19 It is still fine. I don't know. Sometimes I would have these conversations and then not go. Q Well, if you didn't go, Jessica, you would you cancel, Page 2648 1 correct? 2 A No. 3 Q You would just not show up? 4 A Yes. 5 Q So you claim you were so afraid of Mr. Weinstein and 6 he was so manipulative that you just wouldn't show? 7 A Yes. 8 Q And then there would be no email from him saying where 9 were you or why aren't you here? 10 A Yes, sometimes. 11 Q And he would just, no big deal? 12 A No, it would -- when the times that I did that, it 13 would, I think, you know, I felt like I got in trouble, if you 14 could say that. 15 And um, then sometimes I would get calls or sometimes 16 I would just later say, I am sorry, it wasn't you. 17 nothing to do with you. 18 19 Q It had And, Jessica, there was a couple of times you had done that in a email, a couple? 20 A I am sure. 21 Q And there was never one ounce of push back, not once, 22 from Mr. Weinstein who said I am here waiting for you, where 23 are you? 24 A 25 email. I think he is smarter than to know to do that in an Page 2649 1 Q Jessica, you claim you have all of these 2 communications with him via email about how you are going to 3 meet? 4 A Yes, I know there is a lot of emails. 5 Q Yes, a ton of emails, right? 6 Lots more than the ones we are going through, right? 7 A Yes. 8 Q And you know that in these emails and any email you 9 ever sent him or he sent you, there was never one time where he 10 sent you a message saying, I am sitting here waiting. 11 are you, not once? 12 A Um, I am not sure. Where But I know -- I thought there 13 maybe was one where he said he changed his plane for me or 14 something. 15 Q Sometimes he would change his plans, correct? 16 A Yeah, but don't blame me for that. 17 Q No blaming. 18 Just a statement saying I changed my plans, correct? 19 A Okay. 20 Q And then, Jessica, you go to Germany sometime after 21 that email that I just showed you on September 2nd? 22 A Yes. 23 Q And you sent Harvey an email saying that you are in 24 25 Berlin, correct? A Yes. Page 2650 1 Q And you say, hi from Berlin, correct? 2 A Yes. 3 MS. ROTUNNO: I am marking this as Defense MMM. 4 Q Do you recognize that email and that photo? 5 A Yes. 6 Q And not only -- does that truly and accurately depict 7 what you sent from Berlin on September 8th of 2014? 8 A Yes. 9 Q And not only do you send a, hi from Berlin, Jessica, 10 but you send Mr. Weinstein a photo of yourself it looks like at 11 a museum, correct? 12 A Yes. 13 Q And you are posing in the photo, correct? 14 A Yes. 15 16 MS. ROTUNNO: into evidence and the identification marks be stricken. 17 MS. ILLUZZI: 18 THE COURT: 19 I am asking that MMM be entered Q 20 No objection. Triple M is received into evidence. You say, hi, from Berlin and then a photograph. And that's the photo you sent? 21 THE COURT: 22 MS. ROTUNNO: It does, Judge. 23 THE WITNESS: Yes. 24 25 Q Triple M includes a photograph? Yes. And then, Jessica, let me ask you this, after you broke up with Eddie, did you start dating anyone else? Page 2651 1 A Um, I am sure, yeah. 2 Q You are sure. 3 A I know the guy I went to Germany with, I think I dated 4 5 6 You don't remember who it is? him less than a month. Q So you actually were in Germany with someone else while you were sending Harvey these photos? 7 A Yes. 8 Q And who did you go to Germany with? 9 A I am not going to say his name. 10 Q I am going to ask you then. 11 Did you go to Germany with -- 12 MS. ILLUZZI: Objection, Judge, as to relevance. 13 MS. ROTUNNO: Well, Judge, I think it's relevant 14 based on the conversation. 15 MS. ILLUZZI: 16 THE COURT: 17 Objection, Judge. Step up for a moment. (Discussion held at the bench, off the 18 record.) 19 (The discussion off the record concluded, 20 and the following occurred in open court:) 21 THE COURT: 22 23 24 25 Okay. BY MS. ROTUNNO: Q Jessica, did you go out with someone named Justin after you broke up with Eddie? A Yes. Page 2652 1 Q Is Justin the person you went to Germany with? 2 A Yes. 3 Q And in -- you were already dating Justin in April of 4 2013 when you send Eddie that email in May of 2014, is that 5 correct? 6 MS. ILLUZZI: 7 THE COURT: Objection Judge. Objection. Just -- sustained only as to form. 8 Just ask it more directly. 9 Q Let me ask you this, did you date Justin before Eddie 10 or after? 11 A I dated two Justins. 12 Q And Justin is the one you went to Germany with? 13 A One of the Justins I did go to Germany with. 14 Q And when you sent Harvey the email that you were in 15 Berlin, did you tell Harvey that you were in Berlin with your 16 boyfriend? 17 A 18 19 Justin didn't consider me his girlfriend yet. We were just dating. Q Well, he didn't consider you his girlfriend yet but 20 isn't it true that very soon after that trip to Berlin you sent 21 Harvey an email eight days later, saying, I went through a 22 break up. 23 A Hoping for dinner with you? Well, me and Justin had actually had that breakup 24 fight before the trip. We had already planned it and we 25 thought we would still just go any ways. Page 2653 1 2 3 4 5 6 Q So when you just said he wasn't your boyfriend yet when you when to Berlin, that wasn't true? A I don't know how you want to classify this. dating the guy. Q 11 I am asking questions trying to get to the truth. MS. ILLUZZI: Objection, Judge. Objection to the colloquy. 9 10 It was not an official label. Jessica, I am not trying to classify anything. 7 8 I was THE COURT: Q Sustained. I am showing you what I am marking as NNN for identification. 12 Jessica, do you recognize that series of emails? 13 A Yes. 14 Q And does that series of emails accurately depict the 15 conversation that you had with Mr. Weinstein from September 16 14th to September 16th of 2014? 17 A Yes. 18 Q I am sorry that these copies are so light, but this is 19 what we got, so -- 20 MS. ROTUNNO: Judge, I am asking that we strike 21 the identification marks on triple N and move it into 22 evidence. 23 MS. ILLUZZI: 24 THE COURT: 25 No objection. Triple N is received into evidence. Page 2654 1 2 BY MS. ROTUNNO: Q Jessica, you send Harvey an email on September 14th of 3 2014 at 3:53 p.m., and you say, rough day, sad face. 4 back in LA my friend? When you Correct? 5 A Yes. 6 Q And Harvey responds to you fairly soon after and says, 7 what happened? Correct? 8 A Yes. 9 Q And you say, just tell me when you are in LA, right? 10 A Yes. 11 Q And he says, Friday for a few hours. 12 13 And you say, went through a break up. Was hoping for dinner with you, correct? 14 A Yes, yes. 15 Q And then you got the flu? 16 A I was sick after that trip. 17 Q And you sent him a message saying you couldn't get 18 together because you had a flu and you were in bed? 19 A Yeah, probably. 20 Q And he tells you to rest, no worries. 21 22 You say you are coughing and congested and you say next week, maybe when you are better, right? 23 A I guess. 24 Q He is not mad at you that you can't see him? 25 you to feel better, right? He tells Page 2655 1 THE COURT: Can you make sure the witness 2 answers? 3 Q Do you -- 4 A I didn't know if that was a question or a statement. 5 Q Do you remember? 6 A No, what was the question? 7 Q Do you remember telling Harvey how you were feeling 8 and he talks to you about getting better? 9 10 Do you remember that conversation because you say you remember you got sick after the trip? 11 A Yeah, I had -- yeah. 12 Q And if you were on the trip on September 8th of 2014, 13 and you are reaching out to Harvey on September 14th, 2018, you 14 have came home in between that time, right? 15 A Uh-hum. 16 Q Yes? 17 A Yeah. 18 Q Do you recognize that conversation? 19 A Yes, I do. 20 Q Does that conversation truly and accurately depict the 21 22 23 conversation that you had with Mr. Weinstein about being sick? A Yes. MS. ROTUNNO: I am asking that the identification 24 marks triple L be stricken and that triple L be entered 25 into evidence. Page 2656 1 MS. ILLUZZI: 2 all of these. 3 going to object. According to the prior ruling, I am not 4 MS. ROTUNNO: 5 THE COURT: 6 7 I didn't ask. I am sorry. Triple L BY MS. ROTUNNO: Q 9 And if you can go down, Brian, a little more. This is the continuation of the conversation on the last email, where you say that you went through a breakup. 11 12 Judge, the relevance is that -- is received into evidence. 8 10 Judge, I don't know relevance of And he was responds back, holy shit. you. You okay? Wanna come here tomorrow? I am in New York Correct? 13 A Yes. 14 Q So he is telling you to come to New York and I will do 15 whatever I can do to make you feel better, right? 16 A He just said, wanna come here. 17 Q And you respond back that you are okay, right? 18 19 I would love to go to New York, may be in a week or so. I work this weekend, right? 20 A Yes. 21 Q And then he tells you he maybe in LA on Sunday and 22 then you tell him how sick you are, right? 23 A Yes. 24 Q And then he sent, see you Sunday before he maybe 25 realized that you responded and then you said, let's hope I am Page 2657 1 better. 2 to about antibiotics. 3 once says, why can't you see me? Just left the doctor. I had a bad allergic reaction You go on about the flu and he never 4 A Not in that email. 5 Q And then he gets to LA, showing you what I am marking 6 as PPP, and he tells you, will be in LA on Sunday. 7 You tell him you are still sick. 8 tell you? 9 A 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And what does he Hope you are feeling well. (Continued on the next page.) Page 2658 1 Q Not I came here and you can't see me, right? 2 A No. 3 MS. ROTUNNO: I'm asking the identification marks 4 be stricken and it entered into evidence, we don't have to 5 put it up. 6 MS. ILLUZZI: 7 THE COURT: 8 No objection. All right, triple P received into evidence. 9 Q Then Jessica, on January 6, 2015, Q Q Q. 10 ( Handed to witness). 11 Q Do you recognize that conversation? 12 A Yes. 13 Q And Harvey tells you -- does that truly and accurately 14 depict that conversation on January of 2015? 15 A Yes. 16 MS. ROTUNNO: 17 I ask the identification marks be stricken and Q Q Q entered into evidence. 18 MS. ILLUZZI: 19 THE COURT: 20 Q No objection. Received into evidence. On January 6, 2015 Harvey says I just tried calling 21 you. I'm in L.A now, can you call me back when you are 22 available. All my best Harvey. 23 You respond back and say my phone is broken, I'm using 24 a temporary line, and you give him a temporary phone number and 25 ask can I call you this evening, I'm still out of state but will Page 2659 1 be free tonight, correct? 2 A Yes. 3 Q So, not only are you giving him your new phone numbers, 4 you're giving him other people's phone numbers you were using, 5 correct? 6 A Are you talking about the prior e-mail? 7 Q It says here I'm using a temporary line. 8 A I think that was one of my phones I got, but -- 9 Q You gave him that number? 10 A Yes. 11 Q Then during that trip, you were out of state, when you 12 were out of state you were visiting your father, is that 13 correct? 14 A Probably. 15 Q And you were visiting your dad and Harvey told you he 16 was there for the Golden Globes party, correct? 17 A When my dad was dying? 18 Q Harvey told you he was in L.A for the Golden Globes 19 20 party while you were out of state? A If you have the e-mail I can see this. I don't know if 21 it is the timeline my dad was dying or I first found out that he 22 had cancer. 23 Q 24 25 I'll show you three pages marked triple R. ( Handed to witness). Q Do you remember that? Page 2660 1 A Yes. 2 Q Does that truly and accurately depict that conversation 3 4 in January of 2015? A Yes. 5 MS. ROTUNNO: 6 be stripped and R. R. R be entered into evidence. 7 MS. ILLUZZI: 8 THE COURT: 9 I'm asking the identification marks Q No objection. Triple R is received into evidence. This is the continuation on the bottom of that first 10 e-mail saying my phone is broken, I'm using a temporary line. 11 Then we move on, Harvey tells you he's in town, would love to 12 see you, are you around. 13 party Sunday night. 14 I attached the invite. 15 Also, we are having our Golden Globes I'm happy to invite you and a girlfriend. Then you respond back I'm not in town, I'm in Vegas 16 flying back to Washington tomorrow seven a.m for my dad. 17 not so good. 18 capital letters, to go to your party. 19 How fully, that is a typo, how fully I will see you at Sundance 20 I assume that means. 21 entertainment crowd funding campaign I'm working with. 22 him what it is, and should be floating around. 23 when my dad was admitted to the ER. 24 L.A officially. 25 A Yes. Spending as much as I can. It is I would have loved, in Bummed I can't make it. Last I checked, I'm going with the You tell It's been hectic Not sure when I'm back in Lots to update, sad face. Page 2661 1 2 Q He tells you he will look forward to seeing you when you are back, correct? 3 A Yes. 4 Q Attached to that e-mail was the Golden Globes party on 5 January 11th at nine p.m, correct? 6 A Yes. 7 Q On January 8th -- triple S. 8 9 10 ( Handed to witness). Q Showing you what I marked triple S for identification. Do you recognize that conversation? 11 A Yes. 12 Q Does triple S truly and accurately depict the 13 14 conversation you had with Harvey, January of 2015? A 15 Yes. MS. ROTUNNO: 16 be stricken and triple S be entered into evidence. 17 MS. ILLUZZI: 18 THE COURT: 19 I'm asking the identification marks Q No objection. Triple S is received into evidence. In this e-mail January 8, 2015 Harvey asks what your 20 plans are for the weekend, and you tell him I'm in Washington 21 for an undetermined amount of time. 22 ticket for L.A. 23 tell hill I really don't even know where to begin with. 24 just staying afloat with it all. 25 thank you, correct? I don't have a return And he says let me know how I can help. You Things He says I'm here and you say Page 2662 1 A Yes. 2 Q Jessica, you get invited January 21st of 2015 to the 3 SAG awards party in Hollywood by Harvey. 4 am marking as Defense TTT for identification. 5 Let me, showing what I ( Handed to witness). 6 Q Do you recognize that e-mail and the invite? 7 A Yes. 8 Q Does that conversation truly and accurately depict the 9 10 conversation you had with Harvey back on January 21st of -- into the 23, 2015? 11 A Yes. 12 Q Jessica, in this e-mail, he asks if you are going to 13 Sundance. 14 was going with changed plans, and you were still in Washington. 15 Your dad was really quite ill at that point, correct? You tell him you were supposed to, but the company I 16 A I said my dad past at four a.m. 17 Q In the first e-mail it says also I'm still in 18 Washington, dad is still here but things are in the process of 19 shutting down. 20 He says understood, love to see you, will be in L.A 21 soon. Then you receive the party invite. You say thank you for 22 the party invite, my father past away this morning four a.m, not 23 sure I will make it back to L.A the 25th. 24 love going to your parties, smiley face, correct? 25 responds back I send you my deepest condolences. That means a lot. I Then he Please let me Page 2663 1 2 know if there is anything I can do, correct? A Yes. 3 MS. ROTUNNO: 4 be stricken and TTT moved into evidence. 5 MS. ILLUZZI: 6 THE COURT: 7 8 I'm asking the identification marks Q No objection. Triple T is received into evidence. Jessica, after the passing of your father, you reach out to Mr. Weinstein February 15th of 2015, is that correct? 9 A I guess so. 10 Q I'm showing you what I'm marking as UUU. 11 ( Handed to witness). 12 MS. ROTUNNO: 13 a cleaner copy of the e-mail. 14 15 Q I'm going to strike that UUU, I have Show her this one. This is a cleaner copy of UUU with another answer on the e-mail. Do you recognize that conversation? 16 A Yes. 17 Q Does that truly and accurately depict the conversation 18 19 on February 2015? A 20 Yes. MS. ROTUNNO: 21 stricken and UUU entered that evidence. 22 MS. ILLUZZI: 23 THE COURT: 24 25 I ask the identification marks be Q No objection. Received into evidence. On February 15th of 2015, you send a message to Harvey 2:20 in the morning saying please let me know when you are back Page 2664 1 in L.A. He responds back Wednesday night, love to see you, how 2 are you. 3 actually have time for dinner or drinks and he tells you of 4 course he will have time, correct? You say working to get settled in L.A, will you 5 A Yes. 6 Q You saw Harvey soon after your father past away, isn't 7 that correct? 8 A I'm not sure. 9 Q Well, do you remember going to the Oscar viewing party 10 on February 22nd of 2015? 11 A Where was that one at? 12 Q Oscar viewing party at Soho House, and also you were 13 invited to the private late night afterparty on February 20th? 14 A Was that at -- 15 Q One was at One Oak, the other one was at the Soho 16 House. 17 A Yes, I remember. 18 Q Did you go to both of those? 19 A Yes. 20 Q Not only did you go to those parties, Jessica, but you 21 responded. 22 23 24 25 I'll show you what I'm marking as triple V. ( Handed to witness). Q This is a series of e-mails from February 17th. I'll mark them as a group exhibit, three pages or four, four. Do you recognize the conversations in these e-mails? Page 2665 1 A Yes. 2 Q Do they truly and accurately depict the conversations 3 4 that took place February 17th of 2015? A Yes. 5 MS. ROTUNNO: 6 be stricken and VVV be entered into evidence. 7 MS. ILLUZZI: 8 THE COURT: 9 I'm asking the identification marks Q No objection. Triple V is received into evidence. So, this e-mail says dear Jessica, this Friday we are 10 having a party at One Oak and Sunset Boulevard, and I'd love you 11 to come. 12 know if you can make it and I look forward to seeing you. 13 say wow of course exclamation, looks like a fun week. 14 for this. 15 A Yes. 16 Q The invitation was attached, correct? 17 A Yes. 18 Q You received another e-mail at the same, approximately It begins 11 p.m. Your invitation is below. Let me You Thank you 19 the same time saying dear Jessica, this Sunday we are having our 20 exclusive Oscar viewing party at Soho House. 21 come. 22 afterparty following ceremony. 23 I look forward to seeing you. 24 25 I'd love you to The carpet opens four p.m ceremony begins 5:30 with Let me know if you can make it. All my best, Harvey. You said I would love to attend, is there room for just me or will I be able to bring a girlfriend to have a sidekick Page 2666 1 for the event itself. I understand space is limited. 2 A Yes. 3 Q Later you were told in a subsequent e-mail of course 4 you could have a plus one; is that right? 5 A I did. 6 Q Who did you go with? 7 A One Oak or Soho? 8 Q Either, did you go with the same person or different? 9 A Soho was Talita's boyfriend and Nadia, and One Oak was 10 Nadia. 11 Q By Nadia you mean Nadia Tyson? 12 A Yes. 13 Q Then Jessica, you send a message to relationship 14 reinvented on February 20th and you say Oscar time about to get 15 crazy, correct? 16 A Yes. 17 Q And you sent that because you were excited? 18 A Yeah, the parties were fun. 19 Q I'm going to show you what I'm marking as triple W. 20 ( Handed to witness). 21 Q Do you recognize that e-mail, Jessica? 22 A Yes. 23 Q And this is -- I ask the identification marks be 24 stricken from triple W and that the relationship reinvented 25 e-mail be entered into evidence. Page 2667 1 MS. ILLUZZI: 2 THE COURT: 3 4 Q No objection. Received into evidence triple W. Jessica, you wrote Oscar time about to get crazy with lots of smiley faces, correct? 5 A Yes. 6 Q I'm going to go back Jessica to two instances we did 7 not talk about before. 8 9 10 I know we talked about there were many times that you cut Mr. Weinstein's hair and some while you were working at the hotel and some when you weren't, correct? 11 A Yeah. 12 Q And do you remember a time back in February of 2014 13 where you reached out to Mr. Weinstein asking if he needed his 14 hair done for the Oscars, you remember that? 15 A In 2014? 16 Q Yes. 17 A I do remember. 18 Q When you reached out to Mr. Weinstein, you are claiming 19 that e-mail happened after he assaulted you in the Peninsular 20 Hotel, is that correct? 21 A I don't know, I don't have a timeline for this. 22 Q Again Jessica, we are trying to figure out the timeline 23 because -- 24 MS. ILLUZZI: 25 THE COURT: Objection. Sustained. Page 2668 1 2 Q So, you don't know if sending this e-mail was before or after he attacked you in the Peninsular Hotel? 3 A Right around the Oscar time? 4 Q Correct. 5 A It's not a thing I wanted to remember. 6 7 impossible for me to place and I tried. Q I'm going to show you what I'm marking as triple X. 8 9 10 It's just THE COURT: Q Yes. Showing you what I'm marking as triple X. Going back to February of 2014, do you recognize this e-mail? 11 A Yes. 12 Q Is that the e-mail you sent Mr. Weinstein prior to the 13 14 Oscars in 2014? A Yes. 15 MS. ROTUNNO: 16 be stricken and X X X be entered into evidence. 17 MS. ILLUZZI: 18 THE COURT: 19 I'm asking the identification marks Q No objection. Triple X received into evidence. This is the e-mail you send February 19, 2014. Curious 20 if you'll be needing your hair done for the Oscars because I 21 will get busy. 22 well, Jess. And I will plan on it if you will. Hope you are 23 A Yes. 24 Q That comes from your personal e-mail, correct? 25 A Is everyone seeing my e-mail? Page 2669 1 Q 2 correct? 3 A Yes. 4 Q And it is not a Peninsular Hotel e-mail, correct? 5 A Correct. 6 Q And it is not a work e-mail address, correct? 7 A Correct. 8 Q And I'm also going to go back to January 18, January 9 10 We can take it down, that is your personal e-mail, 17th of 2014. You were invited to the SAG awards January 17th of 2014, correct? 11 A Yes. 12 Q And you responded back on January 18th of 2014 you 13 would attend, correct? 14 A Yes. 15 Q I'm going to show you what I'm marking as YYY. 16 ( Handed to witness). 17 Q Do you recognize that e-mail? 18 A Yes. 19 Q Do you remember that January 18th of 2014 you were sent 20 21 22 23 an invitation to go to the SAG awards party? A Yes. MS. ROTUNNO: I'm asking the identification marks be stricken and YYY be moved in evidence. 24 MS. ILLUZZI: 25 THE COURT: No objection. Okay, triple Y is received into Page 2670 1 2 3 evidence. Q There it is, you are invited and you say thank you and you will attend plus one, correct? 4 A Yes. 5 Q And Jessica, is this after you claim you were raped at 6 the Peninsular Hotel? 7 A 8 over. 9 Q So you don't know? 10 A I don't know. 11 Q But it is 10 months after you claim you were raped in a 12 I think I've answered your timeline questions over and New York hotel, correct? 13 A Okay. 14 Q I'm asking you? 15 A My brain, I'm doing my best, so -- 16 Q Let's go -- on direct examination you said that you had 17 reached out to Harvey for help on a couple of different 18 occasions, correct? 19 A Yes. 20 Q And one of them you said on your direct examination one 21 was the job that I got requested I get a membership at the Soho 22 House which is an exclusive, I think there is one here in New 23 York. 24 boss wanted one or a referral, correct? 25 A You have to have an invitation to get in there and my Yes. Page 2671 1 2 Q You said that on direct examination saying that your boss wanted a membership at the Soho House, correct? 3 A Yes. 4 Q But Jessica, that is not what you asked Mr. Weinstein 5 for; is that right? 6 A Right. 7 Q You asked Mr. Weinstein for a referral for you? 8 A Yes. 9 Q Triple Z. 10 11 ( Handed to witness). Q Showing you what I'm marking as triple Z. 12 ( Handed to witness). 13 Q Do you recognize that e-mail? 14 A Yes. 15 Q Does that e-mail truly and accurately depict the 16 conversation you had asking Mr. Weinstein for help? 17 A Yes. 18 Q On February 23rd of 2015 right after those Oscar 19 parties, you didn't tell him that you wanted this for your boss, 20 did you? 21 A 22 someone. 23 Q You wanted the membership for yourself? 24 A I was requested to get it through the company I was 25 It was just a formality mixed up. So I can bring I lived in L.A, we can go anytime my boss traveled. working for. Page 2672 1 Q But under your name? 2 A That is just how I assumed to do it. 3 Q So, when you testified on direct examination that it 4 was for your boss, that is not what it was for? 5 MS. ILLUZZI: 6 THE COURT: 7 8 A Objection Judge. Overruled. It was -- again, I'm not trying to get hung up on the semantics if I'm framing it wrong. 9 My boss asked me how do we get a membership to Soho. 10 He wanted one for our campaigns and what he was doing. 11 well, we have to have a referral and I know how the membership 12 works, whether it is in my name or his name, I'm the one that 13 lived in L.A. 14 there and I can go on my own. 15 when I thought about it. 16 Anytime he came to L.A he could be my guest to go MS. ROTUNNO: 17 So it is beneficial in my name I'm asking the identification marks be stricken and ZZZ be entered into evidence. 18 MS. ILLUZZI: 19 THE COURT: 20 I said Q No objection. Triple Z is received into evidence. I'm going to apply for a membership at Soho House to be 21 able to take my business meetings there for the marketing stuff 22 I'm doing, and my company will sponsor the cost for it. 23 I have to have a member sponsor me though. 24 know anyone, would you be able to sponsor me or direct me to 25 someone. He respond yes, I'm happy. I don't Page 2673 1 A Yes. 2 Q You want the ladies and gentlemen of this jury to 3 believe the person you wanted to sponsor you to the exclusive 4 club was your rapist? 5 MS. ILLUZZI: 6 THE COURT: 7 A Objection Judge. Overruled. I do want the jury to know he is my rapist, and I hope 8 I can continue to explain the dynamic of why I engaged with 9 him. 10 I mean he raped me, it is irrelevant. Q Actually, it is relevant. 11 MS. ILLUZZI: Objection. 12 A He raped me, that is a fact. 13 Q You said on cross examination yesterday that you didn't 14 know legal terms, correct? 15 A I don't know, I'm trying, I'm learning as I go. 16 Q So, you asked Harvey for help February 23rd of 2015 a 17 day after you showed up at the Oscar party, correct? 18 MS. ILLUZZI: 19 THE COURT: Objection, asked and answered Judge. Overruled. 20 A What was the question. 21 Q I said you asked Harvey Weinstein for help the Monday 22 after you showed up at the Oscar party, correct? 23 A Okay. 24 Q Yes? 25 A Yes. Page 2674 1 2 Q Did you see Harvey Weinstein Sunday night, February 22nd after the Oscars? 3 A I don't think so and I don't know. 4 Q You are not sure? 5 A Well, the Oscar party or the One Oak party? 6 Q Either one. 7 A I know not for sure the One Oak party. 8 9 10 I do not remember about the Oscar party. Q I'm going to skip ahead for a minute since we are talking about the times you asked Harvey Weinstein for help. 11 12 Did you see Harvey Weinstein? The second time you asked Harvey Weinstein for help is when you had an issue with regard to your dad's car, correct? 13 A Yes. 14 Q And that was a car that he had left for you, correct? 15 A Yes. 16 Q It was important to you that you be able to keep that 17 car, correct? 18 A Yes. 19 Q And you had an issue with the registration, correct? 20 A I think that was part of it. 21 Q The registration was expired and there was a ticket on 22 it that had to be fixed, correct? 23 A Sounds right. 24 Q And of all the people in your life, you choose to reach 25 out to Harvey Weinstein, correct? Page 2675 1 2 A Well, I already got help prior from some people and didn't feel like I had any options left. 3 Q So, you went to Harvey, right? 4 A This time, yes. 5 Q Harvey told you that he would have Barbara help you 6 out, correct? 7 A Well, he was unavailable. 8 Q So he made someone available for you, correct? 9 A Yes. 10 Q And he made Barbara available? 11 A Yes. 12 Q You had multiple conversations with Barbara over the 13 course of about a week where Barbara was telling you what to do, 14 correct? 15 A Yes. 16 Q She told you about ways you could help get the ticket 17 handled and fixed, correct? 18 A Yes. 19 Q She also told you about ways to work on the 20 registration, correct? 21 A Yes. 22 Q She talked to you about how you can change your 23 address, correct? 24 A I guess. 25 Q She sent you screen shots from the Department of Motor Page 2676 1 Vehicles website? 2 A Yes. 3 Q And walked you through how to fix that issue, correct? 4 A Yes. 5 Q And you were able to do that, right? 6 A I don't remember what I did. 7 Q Did you take the advice? 8 A I don't remember because at some point the car ended up 9 10 11 in Vegas, so I don't know. Q And then less than 12 days later, you send Mr. Weinstein another e-mail quadruple A. 12 ( Handed to witness). 13 Q Asking him when he is going to be in town, correct? 14 A Yes. 15 MS. ROTUNNO: 16 stricken and quadruple A be moved into evidence. 17 MS. ILLUZZI: 18 THE COURT: 19 I'm asking the identification be Q No objection. Quadruple A is received into evidence. I'm not going to publish this. 20 when are you back in L.A. 21 you, correct? You asked Mr. Weinstein He responds in two weeks, how are 22 A Yes. 23 Q And you reach out to Harvey? 24 A Yes. 25 Q There it is, correct? Page 2677 1 A Yes. 2 Q And going back to when you asked Barbara for help, 3 quadruple B. 4 ( Handed to witness). 5 6 Q Showing you what I'm marking as quadruple B. Do you recognize those e-mails? 7 A Yes. 8 Q And that is when you tell Harvey that you need help and 9 he put you in touch with Barbara, correct? 10 A Yeah. 11 12 MS. ROTUNNO: I ask the identification marks be stricken and quadruple B moved into evidence. 13 MS. ILLUZZI: 14 THE COURT: 15 No objection. Quadruple B is received into evidence. 16 Q And you tell him that you know he's busy, and you won't 17 be in L.A and you don't really know what to do, but this is what 18 I called about the other day, you called him on the phone, 19 correct? 20 A Yes. 21 Q Told him that you needed help? 22 A Yes. 23 Q Then you explained the situation with regard to the A Yes. 24 25 car? Page 2678 1 2 Q You said I'm pretty stressed out and I don't know how to handle it? 3 A I was. 4 Q You said can you help me navigate this? 5 A Yes. 6 Q And within 34 minutes he responds and says Barbara 7 Schneeweiss is going to reach out to you, I've been crazed? 8 A He was crazed. 9 Q You got a call from Barbara and multiple e-mails, yes? 10 A Yes. 11 Q April 30th, quadruple C. 12 13 14 ( Handed to witness). Q Do you recognize that series of conversations between you and Harvey? 15 A Yes. 16 Q He reaches out April 29th. 17 MS. ROTUNNO: I'm asking quadruple C, the 18 identification marks be stricken and quadruple C be moved 19 into evidence. 20 MS. ILLUZZI: 21 THE COURT: 22 23 No objection. Okay, quadruple C is received into evidence. Q Dear Jessica, I'll be in L.A tomorrow. Will you be 24 around. I'm here around 10 tomorrow night question mark. I 25 might be there -- sorry, he tells you around 10 tomorrow night. Page 2679 1 You say I may be there around one as my girlfriends have a 2 massage booked there. 3 situation but might be able to get back there around 10. 4 o'clock I'm in meetings, we can order a car for you or do some 5 other time. 6 massage 4:45. 7 and six? 8 A Yes. 9 Q There were times you told Harvey that you weren't 10 I still have a problem with the driver One You say my girlfriends will be there until their Thinking of lying by the pool. Says will be back available, correct? 11 A Yeah. 12 Q So, you didn't have any problem telling him that you 13 were not available, right? 14 A Um, I mean like I always used an excuse. 15 Q He asks you are you going to be around, he does not say 16 I'm coming to town, you must see me, correct? 17 A Talking about this e-mail? 18 Q Yes, every e-mail I showed you about him coming to 19 town, he tells you when he's coming and asks if you are 20 available. 21 A 22 like that. 23 Q 24 25 Yeah, he usually asks if I can have drinks or something Then on February 10th of 2016, quadruple D. ( Handed to witness). Q Do you remember that? Page 2680 1 A Yes. 2 Q Does that truly and accurately depict the message you 3 sent on February 10th of 2016? 4 A Yes. 5 Q In that message you say Talita was hitting me up about 6 you. She wanted to introduce you to a girlfriend of hers to 7 you, Brazilian as well, smiley face. 8 any hair care when you are back in town. 9 holiday travel, correct? Also, will you be needing I'm home from all the 10 A Yes. 11 Q Then you say hey, did you get my new number again, 12 correct? 13 A Yes. 14 MS. ROTUNNO: I'm asking quadruple D for 15 identification be stricken and we move quadruple D into 16 evidence. 17 MS. ILLUZZI: 18 THE COURT: 19 No objection. Quadruple D is received into evidence. 20 Q You see the screen, that is correct, right? 21 A Yes. 22 Q Now I'm going to show you quadruple E. 23 24 25 ( Handed to witness). Q Jessica, this is the continuation of that conversation I just showed you, remember that conversation? Page 2681 1 A Yes. 2 Q Does the rest of that conversation truly and accurately 3 4 depict what you said back? A Yes. 5 MS. ROTUNNO: I'm asking the identification marks 6 be stricken, I'm tired, sorry, identification marks be 7 stricken and quadruple E be moved into evidence. 8 MS. ILLUZZI: 9 THE COURT: 10 11 12 No objection. Quadruple E is received into evidence. Q And he tells you yes, let's meet on Monday. Sorry, yes, be there Monday, lets all meet, correct? 13 A Yes. 14 Q You say we are available, what time, right? 15 A Yes. 16 Q Then he says I mean next F.A.B, 22nd, I don't know what 17 that means. Then you respond back we didn't hear from you but 18 we are all around or I can just connect you to Talita and 19 Rebecca as well, correct? 20 A Yes. 21 Q So, at this point he did not respond to you, correct? 22 A I guess not. 23 Q And you told him what is here? 24 A Yeah, whatever it says. 25 Q Then you were invited to a viewing party for the Oscars Page 2682 1 on February 24th of 2016, correct? 2 A Yes. 3 Q Quadruple F. 4 5 6 ( Handed to witness). Q I'll show you a series of two that includes the invitation as well. 7 MS. ROTUNNO: 8 be stricken and quadruple F be entered into evidence. 9 MS. ILLUZZI: 10 THE COURT: 11 12 13 I'm asking the identification marks No objection. Quadruple F is received into evidence. Q And Jessica, you asked to have three guests come with you to this party, correct? 14 A Yes. 15 Q This was the party on Sunday the 28th for the Oscars on 16 2016, correct? 17 A Yes. 18 Q You respond back the next day after you were told your 19 guests are all on the list under your name. You respond and say 20 thank you so much for extending me a lovely invite with 21 friends. 22 grateful. 23 A Correct. 24 Q And he says great Jessica, all my best, Harvey, right? 25 A Yes. It was the most beautiful viewing so far, always Jessica, correct? Page 2683 1 Q Did you see Harvey after the Oscar party in 2016? 2 A No. 3 Q Did he ask you to see him after the Oscar party in 4 2016? 5 A Probably. 6 Q And you said no, correct? 7 A I don't remember, I know we had conversations there, 8 9 10 but it was not like specific that I remember. Q You had no problem taking the invite and not going to see him, right? 11 A Okay. 12 Q Now, let's talk about April 27th of 2016. 13 Quadruple G. ( Handed to witness). 14 Q Do you remember those e-mails? 15 A Yes I do. 16 Q Does this conversation truly and accurately depict the 17 conversations you had with Mr. Weinstein starting on April 27th 18 earlier in the day continuing to the evening of April 27th later 19 in the day? 20 A Yes. 21 MS. ROTUNNO: I'm asking the identification marks 22 on quadruple G be stricken, and quadruple G be moved into 23 evidence. 24 MS. ILLUZZI: 25 THE COURT: No objection. Quadruple G is received into Page 2684 1 evidence. 2 Q Starting at the bottom, Jessica Mann, are you in L.A 3 anytime soon. I would love to see you exclamation point. He 4 tells you that he's in L.A. 5 ask him for his availability. 6 in Beverly Hills this week. 7 evening wise, but your advice and input has always a blessing in 8 my life. 9 that, correct? And you ask for your availability, Can you meet for lunch or dinner I have a bit of a tight schedule I can come to the office. I'm off at four, you said 10 A Yes. 11 Q And he says oh wow, correct? 12 A Yes. 13 Q He tells you to come to the Peninsula at five o'clock 14 for coffee, correct? 15 A Yes. 16 Q And you get to the Peninsula early, right, you tell him 17 see you then, then you get to the Peninsula? 18 A Yeah. 19 Q Early I guess, right on time. You give a message 20 saying whenever you are here I've been down at the bar. 21 ordered a snack for myself. 22 are free. 23 A Yes. 24 Q He responded back eight minutes later I'm in 340, come 25 up? I was famished. I See you when you Page 2685 1 A Yes. 2 Q You went up to the room, correct? 3 A Yes. 4 Q And four hours later you send him a message that says I 5 feel so fabulous and beautiful, thank you for everything? 6 A Yes. 7 Q And he respond back you are all of the above and more; 8 is that right? 9 A Yes. 10 Q And your thank you so much was in capital letters, 11 correct? 12 A Yes. 13 Q Because Jessica, you went up to room 340, didn't you? 14 A I think so. 15 Q When you went up to room 340, you testified on direct 16 examination that you had a final sexual encounter with Mr. 17 Weinstein or what you believe to be the last sexual encounter 18 with Mr. Weinstein in 2016, is that correct? 19 A When did his mom die? 20 Q Jessica, you don't get to ask. 21 A I remember seeing him then, and so I would like to know 22 the date on that. 23 Q Jessica, I'm asking you about these e-mails. 24 A I cannot be for sure if that is the last time I saw him 25 or not. Page 2686 1 Q You went to room 340, correct? 2 A I think so, but it might have also been that day we 3 4 5 went to the roof where there were girls up there, I'm not sure. Q Well Jessica, his mother died in February of 2017, that was after this. 6 A Okay. 7 Q So, did you remember having a sexual encounter with him 8 9 around the time his mother died? A I have to think about that because I remember there is 10 something going on about his mother dying that they were talking 11 to me about only. 12 died, so -- I would understand him because my father 13 Q Who is they, who is they? 14 A Barbara called me about something like that. 15 Q And so you remember having a sexual encounter with him 16 close to the time his mother past away or after the time his 17 mother past away? 18 A I'm not seeing that, I need to think about it. I do 19 remember I spoke to Barbara around the time his mother died 20 because she was calling me saying Harvey wants to see you, you 21 are the only one that will understand this. 22 wife. 23 I remember right now. 24 I wanted to ask about the date of his mother. 25 Q What about his She's like you have your father died, that is as much as I'll keep thinking about it, that is why When you told the State on direct examination the last Page 2687 1 sexual encounter you had with Harvey Weinstein in 2016, you are 2 not sure if that is correct? 3 MS. ILLUZZI: Can we approach for a second? 4 THE COURT: 5 ( Conversation held off the record). 6 THE COURT: Yes. Jurors, you want a break? Remain 7 mindful of all my prior admonitions and instructions. 8 During this or any other recess, do not discuss this case 9 among yourselves or with anyone else. 10 about five minutes, thank you. 11 ( Jury exits courtroom). 12 THE COURT: 13 Ms. Mann, if you just wait in the witness room a few minutes, thank you. 14 ( Witness exits courtroom). 15 THE COURT: 16 See you back in All right, the witness and jurors have both left, the doors are closed. 17 MS. ROTUNNO: Yes. Ms. Illuzzi corrected me on the 18 date, it was November of 16, I'll question her with regard 19 to that. 20 21 MR. CHERONIS: I have one issue I would like to raise. 22 THE COURT: 23 MR. CHERONIS: Okay. Regarding Lauren Young. We got an 24 e-mail last night that Ms. Young apparently the night 25 before or sometime last night found a dress that she claims Page 2688 1 to be wearing during the incident in February of 2013. 2 The State showed us photographs of that. 3 requesting that they make arrangements to have the dress in 4 court as opposed to the photographs they sent. 5 We are Obviously this alleged incident occurred six or 6 seven years ago. Ms. Young has been questioned numerous 7 times by numerous law enforcement agencies. 8 complaining witness in a case in L.A and in fact she finds 9 the dress -- 10 THE COURT: 11 MS. HAST: 12 THE COURT: 13 Any problem with that? No problem. Okay xxx all right. (Brief recess taken). 15 THE COURT: All right, get the jury if they are 16 ready. 17 the jury will enter immediately thereafter. 19 Let's get the witness back on the stand first and All parties are present before the Court including the defendant. 20 COURT OFFICER: 21 ( Witness enters courtroom). 22 THE COURT: 23 Be back here in five minutes. 14 18 She's the Witness entering. Welcome back, Ms. Mann. will reenter in a moment. The jury Why don't you settle in there. 24 ( Jury enters courtroom). 25 THE CLERK: Case on trial continued, all parties Page 2689 1 are present and properly seated. 2 jury is present and properly seated? 3 MS. ILLUZZI: Yes. 4 MS. ROTUNNO: Yes. 5 THE COURT: Both sides stipulate the All right, I remind you that you are 6 still under oath, the same rules apply. 7 are inquiry, Ms. Rotunno. 8 9 Q So Jessica, I apologize, I had said Mr. Weinstein's mother died February of 2017, she died November of 2016. 10 apologize. 11 date. 12 13 Please resume your I This was before regardless, this was before that So, do you remember a sexual encounter in 2016 with Mr. Weinstein around the time his mother died? 14 A I believe so, yes. 15 Q So, there was a sexual encounter after you went up to 16 room 340 on the 27th of April, correct? 17 A I think so, yes. 18 Q Based on these e-mails, Ms. Mann, I'm asking you, if a 19 consensual sexual encounter happened with Mr. Weinstein on April 20 27th of 2016? 21 A I don't know. 22 Q Possible? 23 A Well, there is a lot of times he was respecting me 24 during this time. 25 me. Then there was one time I caught him filming It could have been around this time. Page 2690 1 Q Caught him filming you when? 2 A Somewhere in 2016. 3 Q Did you ever tell anyone that you caught him filming 5 A What do you mean? 6 Q Did you ever tell any law enforcement you caught him 4 7 you? filming you? 8 A No. 9 Q The first time you are saying that is right now, 10 correct? 11 A I guess before the jury, yeah. 12 Q Did you tell that to these prosecutors? 13 A Yeah. 14 Q When? 15 A Whenever I interviewed or whatever you call it about my 16 dynamic with him. 17 Q At what point did you say you caught him filming you? 18 A How do I know at what point? 19 Q Jessica what location? 20 A What do you mean? 21 Q Was it a hotel? 22 A It was a hotel room. 23 Q What hotel? 24 A I don't know. 25 Q You have no idea? Page 2691 1 A No. 2 Q How many different hotels had you been in with Mr. 3 Weinstein? 4 A The majority was the Peninsula. 5 Q So, you don't know if it was the Peninsula? 6 A I don't know. 7 Q You don't know what day it was? 8 A No. 9 Q You don't know what year it was? 10 A It was sometime in 2016. 11 Q And you told them that? 12 A Yes. 13 Q Not that he wanted to film you, but that you caught him 14 filming you? 15 A Yeah. 16 Q And how did you catch him? 17 A There was a lamp in the room and he had a cell phone 18 with a camera turned out like this staged like that at us. 19 Q And the screen was facing you? 20 A No, the camera was facing us. 21 Q What did you do? 22 A I freaked out. 23 24 25 MS. ROTUNNO: If we can have a minute, can we approach? THE COURT: Sure. Page 2692 1 ( Conversation held off the record). 2 THE COURT: Next question. 3 Q Jessica, you never saw any tape, correct? 4 A I did not. 5 Q So, I'm going back to this date on April 27, April 27th 6 of 2016 when you went up to the hotel room sometime after 5:19 7 p.m. 8 four hours later there is a text message in capital letters that 9 says thank you so much, I feel so fabulous and beautiful. 10 Says I'm in 340, come up. There is no response. Then Thank you for everything exclamation point, correct? 11 A Yes. 12 Q And you sent this to him after you went to his hotel 13 room, right? 14 A Yes. 15 Q And you sent this to him because you had consensual sex 16 with Mr. Weinstein? 17 A That is what you want it to be. 18 Q Jessica, I'm asking? 19 A I don't remember if I had sex with him. 20 21 22 23 24 25 I know I ate a lot and I was really hungry. Q So, the food that you ordered in the bar you did not eat that, you ate in the room? A There was one night, I think it was this one, where I ate by myself on the roof. Q So, what are you thanking him for is you ate by Page 2693 1 yourself? 2 A Because I put it on the room. 3 Q And the food made you feel fabulous and beautiful? 4 A No, he was being really nice to me in the beginning of 5 2016, so he probably said something nice. 6 Q So, when you sent this, that was the truth? 7 A Yes. 8 Q That is how you felt? 9 A This one was truthful, yes. 10 Q Now, you stated on direct examination that you only 11 asked Harvey Weinstein for help twice, correct? 12 A Yes. 13 Q But you actually reached out to him in regards to a 14 business venture that you wanted him to be a part of, correct? 15 A Expound. 16 Q Well, the day after or the day of this Peninsula event, 17 you send Harvey a variety of e-mails about some work you were 18 involved in, venture capital circumstances, and you wanted to 19 pass that along to Harvey; is that right? 20 A Was that shortly after the last e-mail? 21 Q Yes. 22 A Okay then, I think that is when Barbara was on the roof 23 with us. 24 Q 25 So, April 27th of 2016 is when you send an e-mail saying thank you, I feel so wonderful and beautiful, then on Page 2694 1 April 28th you send Harvey some information with regard to a 2 venture capital type of circumstance, correct? 3 4 5 6 A That would make sense from our conversation on the roof with Barbara. Q So, you tell the people that you are working with that you have a Weinstein contact, correct? 7 A For the genetics people? 8 Q Yes. 9 A Yeah, there are people who knew that I knew him and I 10 would always get pressured oh like bring Weinstein over, stuff 11 like that. 12 Q 13 Weinstein? 14 A What do you mean? 15 Q You traded on that relationship you had with Mr. 16 And you traded on that friendship you had with Mr. Weinstein, you used -- 17 A Traded? 18 Q Used it when you were talking to other people you 19 20 thought could benefit from it? A It is true that knowing him, and people if they know 21 you know him, it can open doors and conversations, people want 22 to get to him through you, yeah. 23 24 25 Q So, it opens doors and people want to get to him through you, right? A Yes. Page 2695 1 2 3 4 5 6 Q But you also don't want to be associated with him and you are afraid for what people will think? A I don't want to be associated with him with my acting stuff for sure. Q But anytime you could get help for some money projects, he was the guy to go to? 7 8 MS. ILLUZZI: A I was living in a garage. 9 10 11 THE COURT: A Objection. Overruled. I was living in a garage in Compton. I had nothing and trying to better my life. 12 Q You were going to do what you needed to do to do this? 13 A At this point he was being actually truly nice to me. 14 Q Then Jessica, May 6, 2016 marking this as quadruple H. 15 16 17 ( Handed to witness). Q Showing you what I'm marking as quadruple H from May of 2016, do you recognize that e-mail? 18 A Yes. 19 Q Again, you reach out to Mr. Weinstein, correct? 20 A Yes. 21 22 MS. ROTUNNO: I'm asking the identification marks be stricken and quadruple H be entered into evidence. 23 THE COURT: 24 MS. ILLUZZI: 25 THE COURT: Any objection? No objection. Quadruple H is received into Page 2696 1 2 3 evidence. Q Jessica, you can see you are asking Harvey when are you back, right? 4 A Yes. 5 Q He is telling you he's going to Cannes the end of May? 6 A Yes. 7 Q There is a question mark after it, right? 8 A Yes. 9 Q Was he asking you if you wanted to meet him there? 10 A I never gathered that from him, but that is what he was 11 12 13 14 doing. Q And then in November of 2016 you were invited to a screening of the movie Lion, correct? A Yes. 15 16 17 MS. ROTUNNO: Q Quadruple I. Showing you what I'm marking as quadruple I, do you recognize those e-mails? 18 A Yes. 19 Q Do those e-mails truly and accurately depict the 20 21 22 23 conversation from November 11, 2016? A Yes. MS. ROTUNNO: I'm asking the identification marks be stricken and quadruple I be entered into evidence. 24 MS. ILLUZZI: 25 THE COURT: No objection. Quadruple I is received into evidence. Page 2697 1 2 MS. ROTUNNO: Q That is not the one. Jessica, hope you're doing well. Harvey asked me to 3 reach out to you to invite you for the Lion screening today. 4 All info below. 5 this. 6 a girlfriend, no worries if not. Let me know if you can make it, thank you for I love to attend. Curious, is there room for me to bring I will be there? 7 A Correct. 8 Q No worries, let me know the name of your guests? 9 A Yes. 10 Q You had no problem telling your girlfriends that you 11 had these contacts to go to things like parties and screenings, 12 right? 13 A I actually invited two guys. We were editing a film 14 together because we were working that day, so I mean I didn't 15 like throw it in their face, oh my God. 16 go to this. It was hey, you want to 17 Q You took them? 18 A I did. 19 Q You were happy to ask the Weinstein Company for extra 20 invites, correct? 21 A Yeah, that is not my place to assume. 22 Q Right, so you asked? 23 A I did. 24 25 MS. ROTUNNO: Q Quadruple J. January 30th of 2017 you were back in Germany, correct? Page 2698 1 A Yes. 2 Q Showing you what I marked as quadruple J for 3 identification. 4 Weinstein? 5 A Yes. 6 Q Again Jessica. 7 Do you recognize that message you sent to Mr. Judge, asking to strike the identification marks and move quadruple J into evidence. 8 MS. ILLUZZI: 9 THE COURT: 10 Q No objection. Received into evidence quadruple J. Jessica, on January 30th, you send a message to Mr. 11 Weinstein saying sorry to miss you. I'm in Berlin executive 12 producer for editorial and Jagermeister commercial we wrap and 13 present to client this weekend, so I'll be back after February 14 fifth, correct? 15 A Yes. 16 Q He tells you he's so proud of you, right? 17 A Yes. 18 Q Then on February 7th, quadruple K. Showing you what I 19 marked as quadruple K for identification, do you recognize those 20 e-mails? 21 A Yes. 22 Q Again, you reach out to Mr. Weinstein and you say 23 February 7, 2017 I have returned, right? 24 A Yes. 25 Q That was I've returned from Germany, right? Page 2699 1 A Yes. 2 3 MS. ROTUNNO: be stricken and quadruple K be moved into evidence. 4 MS. ILLUZZI: 5 THE COURT: 6 I'm asking the identification marks Q No objection. Quadruple K is received into evidence. And you tell him that you have returned, he asks you 7 where are you. 8 village but only have a week left here. 9 permanent housing in Manhattan. 10 You tell him I'm temporary staying in the east roommate question mark. Still looking for If you know anyone who needs a Hardest city to move to, right? 11 A Yes. 12 Q He tells you to meet him at the office? 13 A Yes. 14 Q When you were in New York at the beginning of 2017, Ms. 15 Mann, you went to meet with Mr. Weinstein, is that correct? 16 A I did not. 17 Q You did not meet with him? 18 A I don't think I met with him, no. 19 Q He told you after that he was leaving for London 20 tomorrow and he would see you tonight, correct? 21 A I don't know what e-mail you are looking at. 22 Q I'll show you, a continuation of that phone call 23 quadruple L. 24 25 ( Handed to witness). Q Jessica, is this the conversation you remember from Page 2700 1 February 8th of 2017? 2 A Yes. 3 Q In that message he tells you he's leaving for London. 4 He says I'm here this afternoon let's say hi. You ask him what 5 is the address he says Greenwich hotel at five, correct? 6 A Yes. 7 Q And your response is I love you, always do, but I hate 8 feeling like a booty call? 9 A Yes. 10 Q And when is the last time prior to sending this 11 message, you had sex with Mr. Weinstein. 12 soon before sending this message? 13 MS. ILLUZZI: Objection. 14 Q Would that be correct? 15 A That is incorrect. 16 17 18 19 20 THE COURT: My guess is, it was Sustained as to the form, you can ask those questions. Q How soon before you sent this message did you have sex with Mr. Weinstein? A So, the last sexual type situation I remember with him 21 was when his mom died, because I went and thought about it, and 22 he, everyone cried. 23 he wanted to talk to me because I understood grief. 24 25 He needed to be consoled for his grief and When I get there he's naked on the bed. to do is something sexual. All he wants I make all these excuses and we Page 2701 1 basically end with I think he masturbated in the mirror and then 2 put himself in my mouth, and then that was the second time that 3 fluid ever came out of his mouth (sic) again, and it disgusted 4 me and brought back a lot of bad memories, that is the last 5 sexual encounter I recall. 6 Q Did you ever tell anyone you remember the last sexual 7 encounter being around the time that his mother died and give 8 that detail? 9 A What do you mean? 10 Q Did you ever tell anybody what you just told the jury? 11 A The only people I've talk about 12 -- literally I have been living in isolation this last year, is the D A. 13 Q Have you told the District Attorney? 14 A I'm pretty sure we went over that. 15 Q When? 16 A Ma'am, I don't know. 17 Q And after you sent the message about feeling like a 18 19 20 booty call, did Harvey respond to you? A Yeah, he yelled at me don't put stuff like that in an e-mail. 21 Q He yelled at you? 22 A It was all capital letters. 23 Q Well, isn't the response dear Jessica, from now on 24 please text me at 9175198975 and call me on that number. 25 tried you. I know you were joking. I just Some people don't think it Page 2702 1 is a joke, so please use that number instead of my company 2 e-mails. 3 A Sounds familiar. 4 Q You said yes, I was joking, Hollywood loves to harass 5 you. Unfortunately the standup comedian in me was teasing you. 6 My sincerest apologies if perceived wrong. 7 understanding. 8 number? Thank you for My new cell number is, you sent him another 9 A Yes. 10 Q That was your response? 11 A Yes. 12 Q I'm going to show you what I'm marking as quadruple M. 13 ( Handed to witness). 14 Q Did you review quadruple M? 15 A Sorry. 16 Q Did you review quadruple M? 17 A Did I reread it all? 18 Q Did you look at it? 19 A I remember it. 20 Q You don't see any capital letters, right? 21 A Let me see it again. 22 ( Handed to witness). 23 Q Other than from you? 24 A You are right, I'm thinking of a different e-mail he 25 sent me once. Page 2703 1 Q Again, here we are after a message where you say I 2 don't like feeling like a booty call you are giving him your new 3 number? 4 A Yes. 5 6 THE COURT: Have you moved quadruple L into evidence? 7 MS. ROTUNNO: Yes, this is M, I did not, I'm 8 asking to strike the identification marks from quadruple M 9 and move it into evidence. 10 MS. ILLUZZI: 11 THE COURT: 12 13 No objection. Okay, quadruple L and M are received into evidence. Q Jessica, it says I'm home after a barrage of 14 appointments. Yes, I was joking. Hollywood loves to harass you 15 unfortunately and the standup comedian in me was teasing you. 16 My sincerest apologies if perceived wrong. 17 understanding. 18 number as well. 19 dead, though still an active number if I charge it. 20 my new number and reach me there. 21 only have access to a few times a day when traveling. My new cell is then number. Thank you for Barbara has my new If you called the blank, that phone is probably Please save Faster than e-mail that I Correct? 22 A Yes. 23 Q You wanted Mr. Weinstein to be able to reach you at any 24 25 point, correct? A You don't know what I wanted. Page 2704 1 Q I'm asking, that is what this e-mail says you wanted? 2 A I know what the e-mail says. 3 Q That is what the e-mail says you wanted? 4 MS. ILLUZZI: 5 THE COURT: 6 7 Q Objection. Overruled, wait for the question. When you send that e-mail, that is what you wanted in February of 2017, you wanted him to have your number, correct? 8 A You don't know what I wanted. 9 Q Jessica, when you sent this, you sent this to him in 10 February of 2017 because that was the truth of how you were 11 feeling at that time? 12 A I wanted to make up for the mistake that I knew I had 13 done by his response to the e-mail because of the emotional 14 context behind the scenes I was aware of. 15 Q By doing that you did that by giving him a new number? 16 A I thought I explained why I gave him my number before, 17 18 19 but I can do so again. Q Then you got invited to yet another Oscar party on February 23rd of 2017, correct? 20 A Yes. 21 Q Quadruple N? 22 A I would love to go or something like that. 23 Q I'll show you. 24 THE COURT: 25 MS. ROTUNNO: This is N as in Nancy? Correct. Page 2705 1 ( Handed to witness). 2 Q Do you recognize what I've showed you as quadruple N? 3 A Yes. 4 Q Is that e-mail in the same condition it was at the time 5 6 you received it? A Yes. 7 MS. ROTUNNO: 8 be stricken from quadruple N and be moved into evidence. 9 MS. ILLUZZI: 10 THE COURT: 11 12 I'm asking the identification marks No objection. Quadruple N is received into evidence. Q You are invited to the party. You respond back I want, 13 in capital letters, to be in L.A for this. 14 find a ticket I can afford to make it happen for the weekend and 15 see you, fingers crossed, correct? 16 17 18 19 20 21 22 23 24 25 A Yes. ( Continued on next page). Let me see if I can Page 2706 1 (Continued from the previous page.) 2 Q 3 that. 4 5 And then you were also invited again to -- strike Jessica, you said that you never wanted people to know about your association with Harvey, correct? 6 A Yes. 7 Q Okay. July 21st of 2014, did you send a text message 8 or, excuse me, did you receive a text message from LORELIE 9 Carver? 10 Do you know who that person is? Who is that? Is that a friend of your's Jessica? 11 A I was close to her. 12 Q You were very close to her? 13 A Yes, she was murdered. 14 Q I am sorry. 15 A Hold on. 16 Q And she sent you a message asking you on July 21st of Go on. 17 2014, how was Harvey? Did you guys have a fun dinner? 18 the blond hair working out. 19 you. I want to see more photos. How is Miss 20 A That's Lorelei. 21 Q And she sent that to you because you told her you were 22 going out to dinner with Harvey Weinstein, correct? 23 A Probably. 24 Q And you told her about your relationship with Harvey 25 Weinstein, correct? Page 2707 1 A I just told her I met a producer in Hollywood. 2 Q This was July of 2014. This was a good year, 3 year-and-a-half after you first met Harvey Weinstein and she 4 says, how was Harvey? 5 didn't ask you how the professional relationship is with 6 Harvey, correct? Did you guys have a fun dinner? She 7 A Right. 8 Q She didn't ask you if Harvey put you in any movies, 9 right? 10 A She just asked how was dinner. 11 Q And talking to the same friend on 10/28 of 2013, did 12 you send her a message that said, LOL. 13 I have to meet Weinstein at the premier and tomorrow you will 14 have any additional notes I have to add to the campaign. 15 have a few ideas. 16 I need it bad. Okay. I Did you send that? 17 A I am sorry. 18 Q Sure. Can you go back? Did you send a note on October 28th of 2013, to 19 the same friend that says, LOL -- excuse me, a different friend 20 Annie, ANNIE, Cardoff, is that a friend of your's? 21 A Do we have to say people's names? 22 Q I will use the first name. 23 Did you have a friend named Annie? 24 A Yes. 25 Q Did you send Annie a text message on 10/28/2013, Page 2708 1 saying, LOL I needed it bad. Okay. I have to meet Weinstein 2 at the premier and tomorrow you will have any additional notes 3 I have to add to campaign. I have a few ideas? 4 A Yeah, we were working on a campaign together. 5 Q And you were more than happy to tell her you were 6 going to a Weinstein premiere, correct? 7 8 A I think that was The Butler and it tied into the campaign we were working on. 9 Q And then to the same friend, Annie, on 2/4 of 2014, 10 you said, don't know how many more invites from The Weinstein 11 Company I will take but if I do, you are going to go as my 12 publicist to it all, correct? 13 A Yes. 14 Q And you were speaking to Justin last name, first 15 initial E, you sent a message on March 17th of 2014, I just 16 finished last client. 17 six. Waiting to hear. Harvey may be making an appointment at Call me. Correct? 18 A Yeah. 19 Q And then did you send a message on August 23rd of 20 2014, to someone named Christian saying, well, on accident, 21 yes, LOL. 22 I was supposed to meet him at seven but work messed it up. 23 it got pushed to 10:30. 24 catch up. 25 A Harvey is in town and I would love to say hi to him. Not much going out, in quotes, but a Did you send that? Yes. So Page 2709 1 Q And then I want to talk to you, Jessica, about a 2 message that you sent to Nadia Tyson on 11/25 of 2014, which 3 was regarding Eddie. 4 5 So you testified that you were long done with Eddie by November of 2014. 6 Had he come back into your life? 7 8 A Q Well, you sent Nadia Tyson a message that you wanted to send to Eddie and you wanted her to look at it, correct. 11 MS. ILLUZZI: 12 THE COURT: 13 14 Q Objection as to what she wanted. Sustained. You sent Nadia Tyson a text message that was meant for Eddie, correct? 15 16 A I don't know because I don't know what you are referencing. 17 Q Well, I am going to read it to you. 18 MS. ILLUZZI: Objection to that Judge. 19 like her to see it first. 20 Q 21 I don't know the range. 9 10 Like I said, we were on and off. Fine. I would I will show you what I am marking as quadruple O. 22 Do you remember those text messages, Jessica? 23 A Yes, I do. 24 Q And you sent those to your friend Nadia Tyson, 25 correct? Page 2710 1 A Yes. 2 Q It's not uncommon to send a message to one friend 3 saying this is what I want to send, correct? 4 A What was that? 5 Q It wouldn't be uncommon to send a message to a friend 6 saying, this is what I want to send to my boyfriend or my 7 ex-boyfriend, right? 8 MS. ILLUZZI: 9 THE COURT: 10 THE WITNESS: Objection to that, Judge. Overruled. Um. Well, the context of that 11 conversation, I think you are a little off because it was 12 exorbitant and there was a hole thread of stuff like that, 13 dear Eddies and we were back and forth on -- I wouldn't 14 necessarily -- I mean, it was funny but it was out of our 15 anger like dissing our relationships. 16 that one from it. 17 Q 18 19 I didn't pull anything, Jessica. So you guys pulled This is what was given to me. A I am just letting you know, the context wasn't like, I 20 am going to send this to Eddie. 21 girlfriends were raging and making fun of my relationship and 22 going off about it with these exorbitant like, dear Eddie, kiss 23 my butt type of stuff. 24 25 Q It was like me and my two I will get there in a second. But you testified on direct examination that you had a Page 2711 1 conversation with the main detective in this case, Detective 2 DiGaudio, correct? 3 A A conversation. 4 Q Yes. 5 You talked to Detective DiGaudio about your phone specifically, correct? 6 A Okay. 7 Q You testified to it. 8 A Okay. 9 Q And you told the Ladies and Gentlemen of the Jury that So I am asking. 10 Detective DiGaudio, the main investigator in this case, told 11 you that you could delete things from your phone, correct? 12 A Personal things like my naked photo. 13 Q Well, Jessica, you said naked photos on direct 14 examination but you had never brought up naked photos in the 15 past, correct? 16 A What do you mean? 17 Q Well, when you brought up the conversation with the -- 18 when you had the conversation with Detective DiGaudio, you were 19 concerned about turning over your phones, correct? 20 A It was stressful because of the privacy issues. 21 Q I understand. 22 A Uh-hum. 23 Q You were concerned about giving over your phones, 24 correct? 25 A I am just asking. I am just asking. Well, I was in the process of giving them over. I Page 2712 1 wanted to know my rights and protections in giving them over. 2 Q You were concerned about things that were private, 3 correct? 4 A Most particularly my naked photos, yes. 5 Q But you didn't say you were concerned about your naked 6 photos, you just said photos and things that were private, 7 correct? 8 A 9 10 11 I remember talking about my naked photos being the stress point for me. Q And he told you you can delete whatever you wanted from the phone, correct? 12 A I didn't get the sense that he said whatever I wanted. 13 Q Well, Jessica, you got the sense that was strong 14 enough for you to hire a lawyer because of it, correct? 15 A Yeah because I wanted to do things right. 16 Q And because, not only did he tell you that you could 17 delete things, he told you you didn't have to tell Joan? 18 A He did say that. 19 Q And you did that, right? 20 A Yes. 21 Q But we don't know if you deleted anything from those 22 That's why I got a lawyer. phones before you turned them over? 23 MS. ILLUZZI: Objection. 24 THE WITNESS: I didn't delete anything. 25 THE COURT: Overruled. Page 2713 1 Q So this conversation that I have you are saying is not 2 the full conversation but this is all I have. 3 to be clear. 4 MS. ROTUNNO: I just want you I am asking that the identification 5 marks from quadruple O be stricken and that it be moved 6 into evidence. 7 THE COURT: 8 MS. ILLUZZI: Can I see what it is? 9 MS. ROTUNNO: I showed you before. 10 MS. ILLUZZI: No objection. 11 THE COURT: 12 13 14 15 Okay. Quadruple O is received into evidence. BY MS. ROTUNNO: Q I am asking that we publish the two text messages down to three from 11/25 of 2014 and one more out of it. 16 17 Any objection? THE COURT: Well, why don't we pick up there after lunch. 18 Ms. Mann, if you would be good enough to step 19 down and wait in the witness room for further instructions 20 from the DA. 21 (Witness is excused.) 22 23 24 25 THE COURT: lunch. All right, Jurors. Have a good See you back here before 2:15. Please remain mindful of all of my prior admonitions and instructions during this or any other Page 2714 1 recess. 2 Do not discuss this case among yourselves or with 3 anyone else. 4 about anything, whatsoever, to do with the case. 5 Avoid any and all communication or research Have a good lunch. 6 Thank you. (Discussion held at the bench, off the 7 record.) 8 (The discussion off the record concluded, 9 and the following occurred in open court:) 10 THE COURT: 11 have left the doors are closed. 12 13 Okay. MR. CHERONIS: The witness and the jurors Your Honor, I just want to raise one thing. 14 On cross-examination Ms. Postacchini stated that 15 there was an incident where she opened a hotel room door 16 and Mr. Weinstein was there in a bathrobe and asked for a 17 massage. 18 19 I asked her if she had ever told anyone that before. 20 She said she told the DA. The DA just confirmed that she has never said 21 that to them and I ask that that stipulation be read today 22 since she has testified today and she was taken out of 23 order. 24 think they should hear the stipulation today. 25 The information is fresh in the Jury's mind and I THE COURT: If there is such a stipulation, I Page 2715 1 will read it after lunch. 2 Is there such a stipulation? 3 MS. ILLUZZI: 4 5 Yes, Judge. I don't believe that she ever told us about opening the door in a robe. THE COURT: That's fine. Just if you write it 6 out and both sign it and want me to read it, that's fine. 7 If you want to read it, you can read it. 8 9 MS. ILLUZZI: other sexual encounters -- 10 THE COURT: 11 MR. CHERONIS: 12 MS. ILLUZZI: 13 14 Yes, but she did tell us about It's a stipulation. She qualified her answer. He has the notes. He knows that she told us about other sexual encounters. THE COURT: I am not asking. 15 (A luncheon recess was taken.) 16 (Continued on the following page.) 17 18 19 20 21 22 23 24 25 Page 2716 1 ( P.M session of February 4, 2020). 2 THE COURT: Come to order, all parties are present 3 before the Court, including the defendant. 4 entering. 5 COURT OFFICER: 6 ( Jury enters courtroom,. 7 THE CLERK: The jury is Jury entering. Case on trial continues, all parties 8 are present. Do the parties stipulate the jurors are 9 present and properly seated? 10 MS. ILLUZZI: Yes. 11 MR. CHERONIS: 12 THE COURT: Yes. All right, welcome back Ms. Mann. 13 remind you that you are still under oath, the same rules 14 apply. 15 When you get too warm, feel free to take your 16 jacket off. 17 Mann gets settled in, please resume your inquiry. 18 And other than that, Ms. Rotunno, once Ms. MS. ROTUNNO: 19 CROSS EXAMINATION CONTINUED 20 BY MS. ROTUNNO: 21 I Q Thank you, Judge. Good afternoon, Ms. Mann. So we started before the 22 break talking about what already has been moved into evidence as 23 Defense Quadruple O, we were about to publish the bottom three 24 messages from November 2014. 25 Ms. Mann, you sent to your friend, Nadia Tyson, this Page 2717 1 message: 2 we first met, not only did I fuck you, I also fucked another 3 dude. 4 Dear Edi, with pleasure I would like you to know when So, go fuck yourself, love me. Then Nadia receives that message and says ha, ha. You 5 send another message to Nadia saying dear Edi, I suppose when 6 the relationship starts off with me fucking other men, having a 7 one night stand in Vegas and blowing a super rich Hollywood 8 producer who could ruin your career, it's not going to work out 9 long term. Coming to this realization, love Jess, right? 10 A Yes. 11 Q Those are the messages you sent to your friend Nadia 12 Tyson in regard to what you would like to say to Edi, correct? 13 A That is what I sent to Nadia. 14 Q In that, Ms. Mann, you talked about blowing a super 15 rich Hollywood producer who could ruin your career, meaning 16 Edi's, correct? 17 A Yes. 18 Q And those are your words, right? 19 A Yes. 20 Q Whether you did this to be funny or not, this is what 21 you would have liked to say to Edi in that moment that you 22 clearly were upset? 23 24 25 A I would have never said this to Edi. angry and going off on a rant to Nadia. Q You knew those things would upset Edi? I was definitely Page 2718 1 A Yes. 2 Q You knew those things would cause a deeper divide 3 between whatever relationship you had with Edi at the time, 4 correct? 5 A I think the divide was as deep already. 6 Q And when you sent these, Ms. Mann, you sent them with 7 the knowledge that he would or would not receive them? 8 A Those were never going to be seen by Edi. 9 Q And Nadia knew about the dynamic between you and your 10 relationship with Edi, correct? 11 A To what degree? 12 Q What you were telling her? 13 A I think Nadia -- I am trying to think when she came 14 into the picture, but she knew we were going through a breakup, 15 she knew the things Edi was doing to me. 16 into that, she knew enough during that breakup. I don't want to get 17 Q She knew you had a relationship with Harvey Weinstein? 18 A She knew I knew Harvey. 19 Q And she knew that based on this text message, you 20 admitted to blowing a super rich Hollywood producer who could 21 ruin Edi's career? 22 A Say that again. 23 Q You sent to Nadia a message you are admitting blowing a 24 super rich Hollywood producer who could ruin your, meaning Edi's 25 career? Page 2719 1 A I did say that in the text message. 2 Q Nadia knew about the dynamic of your relationship with 3 Harvey as well, didn't she? 4 A Nadia didn't really know anything until probably 2017. 5 Q So, in 2014 when you sent this, did Nadia go whoa, whoa 6 Jess, what are you talking about with this? 7 A I don't remember what Nadia said. 8 Q Jessica, how many times did you have consensual 9 10 intercourse with Harvey Weinstein throughout the course of your relationship with him? 11 A Are you talking about oral? 12 Q Intercourse. 13 A I only remember intercourse on the times that he raped Q You never remember having intercourse with him any 14 15 me. 16 other time other than the two alleged instances that you say you 17 had actual sex? 18 A Correct. 19 Q Never one time? 20 A I don't recall that. 21 Q You are not sure? 22 A I know that we role played, and like I would sit on top 23 24 25 of him but not putting him inside of me, so -Q And how many times would you say you had consensual sexual relations of any kind with Harvey Weinstein from 2013 Page 2720 1 until 2017? 2 A I don't know. 3 Q More than 10? 4 A I honestly don't know. 5 Q More than 20? 6 A No. 7 Q You don't know? 8 A It was not, I don't think it was that many times. 9 Q Well Jessica, you said you were trying to avoid sexual 10 circumstances with him? 11 A I was. 12 Q And he was constantly trying to see you back to back? 13 A The only time I really saw him sexually for a 14 concentrated period of time was that right in the beginning is 15 where the bulk of that happened. 16 Q Jessica, during the period of time between April of 17 2014 and July of 2014, you saw a psychic and a life coach, would 18 that be fair to say? 19 A I think she was a Reiki healer psychic something. 20 Q What was her name, you went to see her on April 7th of 21 2014? 22 A I don't remember. 23 Q And you recorded your conversation with her, correct? 24 A Yes. 25 Q And do you remember the contents of your conversation Page 2721 1 with her? 2 A Some of it. 3 Q And in that conversation, you were speaking about a lot 4 of things regarding Hollywood, would that be fair to say? 5 A It came up. 6 Q And you used the same phrase or she used the same 7 phrase you used in your letter to Edi about the lion's den, 8 correct? 9 A That is a term I think I said, yes. 10 Q And in this message, you were very lighthearted, 11 correct? 12 A I have to hear it again. 13 Q In the recording? 14 A Yes. 15 Q Would the recording help refresh your recollection? 16 A Do you have a transcript? 17 MS. ROTUNNO: 18 recording, Judge. 19 recording. I'm asking we be allowed to play the 20 THE COURT: 21 MS. ROTUNNO: 22 I have the call or the actual Do you have a transcript? I have my own transcript. Ms. Illuzzi said she would not agree to a transcript. 23 THE COURT: She asked. 24 MS. ROTUNNO: I'm marking this quadruple P. 25 MS. ILLUZZI: How many pages is that? Page 2722 1 MS. ROTUNNO: 2 ( Handed to witness). 3 THE COURT: 4 5 6 It is 11. Just instruct her what to do in terms of refreshing her recollection. Q I ask you read the pages of the transcript. When your memory is refreshed to its contents, I'll remove it. 7 MS. ROTUNNO: My question to her it was a 8 lighthearted tone, and she said she would have to listen to 9 know. 10 I don't know if she can get the tone from the transcript. 11 THE COURT: 12 Does that refresh your recollection on whether that is a lighthearted tone? 13 A I remember the conversation. 14 Q Do you remember the tone of the conversation? 15 A I remember my emotions and I remember that it was easy 16 going. 17 Q And you were laughing, correct? 18 A A little bit. 19 Q Ms. Mann, does the conversation that you read in this 20 transcript, truly and accurately depict the way your 21 conversation happened with the psychic on the 7th of April of 22 2014, correct? 23 24 25 A Yes. MS. ROTUNNO: I'm asking we move the actual recording into evidence. Page 2723 1 MS. ILLUZZI: 2 THE COURT: 3 Q Objection. Sustained. Jessica, isn't it true-- 4 MS. ROTUNNO: 5 THE COURT: 6 ( Conversation held off the record). 7 Q Can we approach? Okay. Ms. Mann, isn't it correct in this conversation with 8 the psychic on April 7, 2014 you talk about like my boyfriend, 9 you are asking the psychic if she knows the Hollywood scene, 10 correct? 11 A I did ask her if she knows the Hollywood scene. 12 Q She asks you what do you mean by that. 13 You say like all the big producers or things like that, correct? 14 A Yes. 15 Q And you say to her that while some of them, she says 16 yes, then while there is, um, Harvey Weinstein is a good 17 example, she asks you that, right? 18 MS. ILLUZZI: 19 THE COURT: Objection. Overruled. 20 Q Right? 21 A I don't know if she asked me that. 22 Q You just read the transcript. 23 A I actually did not finish it, I was looking at it. 24 Q I'll read you a line and you tell me if you disagree 25 with this. Well, there is I, like um Harvey Weinstein is a good Page 2724 1 example, right, yes. 2 A Yes. 3 Q Correct. You say he's my client? And she goes on and says okay, then you say 4 he's been a part of my life and I can't share that with people 5 because of who he is and the bad things that he's done, and he 6 tries to cross boundaries in my life, but I don't allow him to, 7 so um, so. 8 A Yes. 9 Q And you are telling the psychic that you don't allow Correct? 10 Harvey Weinstein to cross any boundaries in your life on April 11 7th of 2014? 12 MS. ILLUZZI: 13 THE COURT: Objection. Overruled. 14 A I was saying that to the psychic. 15 Q So, you were lying to the psychic or because it was 16 17 18 true at the time? A Well, there is -- I can give you the overview of this conversation. 19 Q Jessica, I do not need the overview. 20 A I can't answer with a yes or no. 21 Q I'm asking when you made this statement to the psychic 22 about not allowing Harvey Weinstein to cross boundaries in your 23 life, were you lying to the psychic or is this how you felt on 24 the 7th of April, 2014? 25 A Well then, I was lying. Page 2725 1 2 Q And you were laughing in this conversation with the psychic, right? 3 A Nervously. 4 Q Nervous? 5 A A little. 6 7 MS. ROTUNNO: Judge, I think at this time I'm going to ask to move the recording into evidence. 8 MS. ILLUZZI: 9 THE COURT: Judge, can we ask to approach again. Okay. 10 ( Conversation held off the record). 11 MS. ROTUNNO: 12 I'm asking to mark the recording quadruple Q. 13 MS. ILLUZZI: 14 People object for the reasons stated. 15 THE COURT: 16 Very well, quadruple Q, the recording is received into evidence. 17 MS. ROTUNNO: Before we start it, I will correct 18 my mistake. 19 Harvey Weinstein in the conversation, not the psychic, 20 correct? 21 A You are the one that actually brought up Okay. 22 ( Recording being played). 23 Q This is you speaking, correct, is that you speaking? 24 A Yes. 25 Q All right go ahead. Page 2726 1 ( Recording being played). 2 THE COURT: 3 MS. ROTUNNO: 4 Can you turn this off. There is one more line at the end I think is relevant. 5 THE COURT: 6 If he can cue it up to the one line, fine, otherwise move on. 7 MS. ROTUNNO: I'll move on. 8 MS. ILLUZZI: We object to this portion of the 9 10 11 tape too. Q Jessica, in this conversation, you talk about how you define the boundaries, correct? 12 A I said that. 13 Q Those are the words you said to a psychic, correct? 14 A Yes. 15 Q Then in July of 2014, July 10th specifically, you went 16 to a life coach, isn't that right? 17 A Relationship reinvented? 18 Q I have no idea, it is a recording with a life coach on 19 the 10th of July, 2014? 20 A Okay. 21 Q It was a recorded conversation. So if that was 22 relationship reinvented, it is a recorded conversation that you 23 recorded on your phone, do you remember that? 24 A No. 25 Q I'm going to show you what I'm marking as quadruple R Page 2727 1 for identification. 2 recording, excuse me. 3 This is a transcript of that call, that ( Handed to witness). 4 Q Did you review quadruple R? 5 A Yes. 6 Q Do you remember this conversation that you recorded? 7 A It seems familiar. 8 Q And in this recording, you talk about how Harvey 9 10 e-mailed you and then you go into what you are worried about in terms of the dynamic with Edi and you seeing Harvey, correct? 11 A Yes. 12 Q And you talk about your relationship with Harvey as 13 part of that call, correct? 14 A Yes. 15 Q And you talk about Edi's circumstances and how he 16 weaves into that, correct? 17 A Yes. 18 Q And this happened about six or seven weeks after you 19 sent Edi that e-mail in May of 2014 talking about you wanting to 20 have integrity in your relationship with him, correct? 21 22 A Yes. MS. ROTUNNO: Judge, I'm asking the identification 23 marks -- actually, I'm asking to mark the actual call 24 quadruple S and that the short call be played. 25 MS. ILLUZZI: May I ask Ms. Rotunno a question. Page 2728 1 No objection. 2 THE COURT: 3 evidence. 4 5 6 Quadruple S is received into ( Recording being played to jury). Q Jessica, you are on the phone with relationship reinvented, correct? 7 A I think so. 8 Q And relationship reinvented is the forum you chose for 9 10 the therapy you felt you needed while you were going through the circumstances with Edi, correct? 11 A Are they the therapy I chose, yes, I chose them. 12 Q And you made that choice, you found research and you 13 found them and you decided to use that forum? 14 A Yes. 15 Q On that call with the people that you're trying to get 16 help from, you talk about how being friends with Harvey 17 Weinstein is taking care of you, correct? 18 A There is truth to who he was in the industry. 19 Q And Jessica, that was in July of 2014, correct? 20 A Okay. 21 Q After what you claim happened in New York, correct? 22 A Yes. 23 Q After what you claim happened at the Peninsular? 24 A I don't remember the date of the Peninsular. 25 Q Well, let's go back to that before we move on. You had Page 2729 1 e-mailed back and forth with Maxine Rosenthal, one of the D.A's 2 assigned to your case back in March of 2018, correct? 3 A Yes. 4 Q When you were e-mailing with Ms. Rosenthal, you were 5 sending her a variety of different e-mails you thought could 6 help place what happened and why, correct? 7 A Yes. 8 Q And remember yesterday when I talked to you about an 9 10 e-mail that you sent back in July of 2014 with regard to a haircut that you had given to Harvey? 11 A Vaguely. 12 Q Well, it was the one where he tells you it was the best 13 haircut he ever had. 14 beautiful eyes? You say it is your good looks and 15 A Yes. 16 Q Now, you gave him that haircut in January, because that 17 18 e-mail was January 4th or fifth of 2014, correct? A Okay. 19 MS. ILLUZZI: 20 through. 21 THE COURT: 22 MS. ROTUNNO: 23 Sustained. I'm giving her a context to what I'm about to ask her because there is a timeline discrepancy. 24 25 Objection, this has been gone THE COURT: Q Move on. And you had, the e-mail we discussed today when you Page 2730 1 reached out to him prior to Oscar season to see if he wanted a 2 haircut, correct? 3 4 Again Judge, this has been asked and MS. ROTUNNO: Judge, I'm about to go into an answered. 5 6 e-mail she sent that hopefully helps us with the timeline. 7 THE COURT: 8 Rotunno. 9 Please not in front of the jury, Ms. And sustained for exactly the reasons stated. If you want to ask the last question, go right 10 11 MS. ILLUZZI: ahead. Q Did you send an e-mail on March 21st of 2018 when you 12 were trying to come up with the timeline with regard to what you 13 called the L.A rape in your words? 14 A I know I sent e-mails. 15 MS. ROTUNNO: 16 THE COURT: 17 Q Quadruple S. T. Would an e-mail you sent to Ms. Rosenthal help refresh 18 your recollection with regard to the timeline that you laid out 19 for her back in March of 2018. 20 ( Handed to witness). 21 Q Would it help you? 22 A I'll look at it. 23 Q And in that e-mail to Ms. Rosenthal, you are able to 24 25 Okay. kind of pinpoint a timeline, would that be fair to say? A No, because I think everything I said I was not sure. Page 2731 1 Q Well, what you said was I did one haircut on him in 2 January through the Peninsular, and it feels like it was right 3 around this event and what you attached to the e-mail was a 4 January 18th SAG party. 5 event and that might have been another reason I felt expected to 6 go since his team kind of knew my schedule and my status with 7 the hotel? 8 A Was that the last line? 9 Q I need to think on this and see what else I can attach 10 And you said I think it was around this to this timeline to try to be as accurate as possible. 11 A Right I didn't know. 12 Q You said I did one haircut on him in January through 13 the Peninsular, and it feels like it was right around the event 14 that you attached was January 18, that might have been another 15 reason I felt expected to go? 16 17 18 A And I think I needed to think on this some more, I didn't know. Q Did you think some more? 19 MS. ILLUZZI: 20 THE COURT: 21 22 23 A Objection Judge. Overruled. I have been thinking even to this day as best I can. It is a lot and it is hard and it is hurtful. Q Jessica, you knew there was an issue with regard to 24 your going to this event on January 18th, if that haircut 25 happened on January 4th and that is when you allege the L.A rape Page 2732 1 took place? 2 MS. ILLUZZI: 3 THE COURT: 4 Q MS. ILLUZZI: 6 THE COURT: 7 MS. ROTUNNO: question. 9 10 Objection. Sustained. I was not finished with the She objected mid sentence. THE COURT: Q Overruled. That is why you are explaining it away. 5 8 Objection Judge. Sustained, one question at a time. You knew when you sent this e-mail, that there was 11 going to be an issue with regard to your going to the January 12 18, 2014 event and that is why you are explaining it like this 13 in the e-mail to Ms. Rosenthal? 14 MS. ILLUZZI: 15 THE COURT: 16 Objection Judge. Sustained, I do not understand the question. 17 Q You sent this e-mail, correct? 18 A Yes. 19 Q And you sent this e-mail because you were trying to 20 pinpoint a time frame, correct? 21 A I feel that is important for me to try to do. 22 Q Well, it is important for the case and the District 23 Attorney told you that, correct? 24 MS. ILLUZZI: 25 THE COURT: Objection Judge, objection. Sustained. Page 2733 1 2 Q You knew it was important to come up with dates and times, correct? 3 A I think to prove my case, yeah, that is very important. 4 Q And it is important because you knew there was a 5 plethora of e-mails and conversations between you and Mr. 6 Weinstein that lasted the entirety of your relationship with 7 him, correct? 8 9 A I do know about the e-mails, I'm not ashamed of them. That is why I'm still here. I know the history of my 10 relationship with him. 11 but it does not change the fact that he raped me. 12 I know it is complicated and different MS. ROTUNNO: 13 non-responsive. 14 MS. ILLUZZI: 15 THE COURT: 16 Judge, I ask that be stricken as Q I object to that. Answer stands, next question. So, when you sent this, your words were I did one 17 haircut on him in January through the Peninsular, and it feels 18 like it was right around this event and might have been another 19 reason I felt expected to go, correct? 20 A I did write that in the e-mail. 21 Q And you again are making excuses for your behavior when 22 you say it's another reason I felt I had to go? 23 MS. ILLUZZI: 24 THE COURT: 25 Q Correct? Objection. Overruled. Page 2734 1 A It is not about making an excuse. This is something I 2 want to explain that is important for the people to understand. 3 I don't need an excuse, I own my behavior. 4 Q And you knew if you went to an event on January 18th 5 and you claim the rape happened on January 4th, that might cause 6 a problem, correct? 7 MS. ILLUZZI: 8 THE COURT: 9 A the truth. 11 Q You don't want to look bad? 12 MS. ILLUZZI: 13 THE COURT: Q Overruled. I would not be afraid of that causing a problem, it is 10 14 Objection. Objection Judge. Sustained. Did you know it would look bad for you if you went to 15 an event on January 18th after you claim you were raped on 16 January 4th? 17 A Ma'am, this whole relationship looks bad for me. 18 MS. ROTUNNO: 19 nonresponsive. 20 21 22 I'm asking the answer be stricken as THE COURT: Q Answer stands, move on please. You had another conversation with relationship reinvented on July 14th of 2014, correct? 23 A Okay. 24 Q And during that call, you talked about how you had gone 25 to dinner with Harvey the night before, do you remember that? Page 2735 1 A Vaguely. 2 Q I'm going to show you a transcript from the call of 3 July 14, 2014 if it will help refresh your recollection. 4 ( Handed to witness). 5 Q Do you remember that call? 6 A Vaguely. 7 Q Has your recollection been refreshed based on reading 8 the transcript of that conversation? 9 A Yes. 10 Q That is a conversation you recorded, correct? 11 A Yes. 12 Q It was on your phone, correct? 13 A Yes. 14 Q And you are talking about your relationship with Harvey 15 to the therapy that you were seeking, correct? 16 A They would ask me about Harvey, yeah. 17 Q And you would respond? 18 A Yeah. 19 20 MS. ROTUNNO: I'm asking to mark the call as quadruple U and that the recording be played. 21 MS. ILLUZZI: 22 THE COURT: 23 MS. ROTUNNO: May we approach? Yes. I'm asking to strike the 24 identification marks off. Since it was sent to Maxine 25 Rosenthal, I don't need to publish it. Page 2736 1 THE COURT: Any objection to quadruple S being 2 moved, received into evidence? 3 MS. ILLUZZI: 4 THE COURT: 5 T is received into evidence. And you are moving quadruple U into evidence? 6 MS. ROTUNNO: 7 THE COURT: 8 Correct. That is the call itself. People, no objection to that? 9 MS. ILLUZZI: 10 THE COURT: 11 MS. ILLUZZI: 12 THE COURT: 13 No. The call? No, not the call. The call is received into evidence as quadruple U, proceed. 14 15 No Judge. ( Call being played to jury). Q Jessica, that is what you said about your relationship 16 with Edi in relation to you going out and having dinner with 17 Harvey, correct? 18 A Yes. 19 Q And you continued as we talked earlier about 2016 and 20 your contact with Harvey, and we talk about Oscar season of 21 2016. 22 Talita in 2016? Do you remember going to meet Harvey at Cipriani with 23 A And with Rebecca? 24 Q I know you texted Talita, I don't know who else was 25 with you, if someone else was with you. Page 2737 1 A I thought it was Mr. C. 2 Q Do you remember going to meet Harvey at a restaurant 3 with your friend during Oscar season of 2016? 4 A Yes. 5 Q You remember texting, talking about going to meet 6 Harvey and your friend saying he's so nice, I'm glad we met him, 7 do you remember those conversations? 8 A Yes. 9 Q Do you remember saying Weinstein's parties are -- I'm 10 with Harvey Weinstein, my client, at the Peninsular Hotel and my 11 girlfriend, do you remember saying that to Melanie Young? 12 A You lost me a little. 13 Q Well, around Oscar season of 2016, February 29th of 14 2016, were you talking to a Melanie Young regarding going to a 15 Weinstein party? 16 A I guess so, but Melanie I do not remember Melanie. 17 Q Do you remember Ingred Rivera? 18 A Are these Weinstein employees? 19 Q You sent the messages, I'm asking you? 20 A Oh, what is the name again? 21 Q Ingred Rivera and Melanie Young? 22 A I remember Ingred. 23 Q Do you remember texting going to Weinstein events with 24 them? 25 A No I don't. Page 2738 1 Q I'm going to show you a text from your phone, looks 2 like from February 29th of 2016. 3 V. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I'll mark this as quadruple (Continued on next page) Page 2739 1 2 3 (Continued from the previous page.) A I remember Ingrid. bell but there is a text there. 4 Q 5 text? 6 A Now that you read the text, you see that you sent that Yes. 7 8 MS. ROTUNNO: MS. ILLUZZI: 10 12 13 I am asking to strike the identification marks and move quadruple D into evidence. 9 11 The name Melanie is not ringing a THE COURT: No objection. Quadruple D is received in to evidence. BY MS. ROTUNNO: Q And then, Jessica, as 2016 went on, the end of the 14 year of 2016, you would constantly discuss your Weinstein 15 connection with people, would that be fair? 16 A I don't know if that's fair. 17 Q Well, did you talk about your connection with 18 Weinstein for some type of distribution with somebody named 19 Jeremy and the last initial R? 20 A Yes. 21 Q What was that conversation regarding? 22 A Jerry had the movie Charlie Says. 23 Q And you knew that he might be able to talk to Harvey, 24 25 correct, or he wanted to talk to Harvey, correct? A That's not quite the dynamic. Do you want me to Page 2740 1 explain or -- 2 Q Sure. 3 A So Jeremy had the film and I was thinking if I could 4 get a credit, since producing credits were important, that -- 5 and it was -- it seemed like a pretty big film and a good 6 project, I don't know, I wasn't a part of it. 7 there was a way for me to bridge something in the industry that 8 I could get a credit for that. 9 10 Q But maybe if And you talked to him about going to Weinstein about that, correct? 11 A Yes I did. 12 Q And you also spoke about your Weinstein connection 13 with somebody named Mayron, last initial S? 14 A Yes. 15 Q And you talked about, I got a Weinstein connection but 16 that's it, when he was asking for some information, correct? 17 A Yes. 18 Q Did you have a relationship with Jeremy last initial R 19 that was more than just a professional one? 20 MS. ILLUZZI: 21 THE COURT: 22 23 Q Objection. Sustained. Did you talk to Jeremy about sharing with Harvey, I wanted to do The Family and share it with Harvey? 24 A That was the movie that became Charlie Says. 25 Q That's the movie you were talking about before? Page 2741 1 A Yes. 2 Q And did you ever bring that project to Harvey? 3 A No. 4 Q So you used Harvey's name in conversations with your 5 other friends and then never bought it to Harvey? 6 MS. ILLUZZI: 7 THE COURT: 8 THE WITNESS: 9 Objection. Overruled. I did use Harvey's name when it came to industry stuff. 10 Q When it could help you? 11 A Okay. 12 Q And at some point you got in to an argument with Nadia 13 Tyson, correct? 14 MS. ILLUZZI: 15 THE COURT: 16 Q 17 correct. MS. ILLUZZI: 19 THE COURT: 21 Q Objection. Sustained. Did you feel that Nadia Tyson was using you to get closer to Harvey? 22 MS. ILLUZZI: 23 THE COURT: 24 THE WITNESS: 25 Sustained. Well, you are no longer friends with Nadia Tyson, 18 20 Objection, Judge. she is seen. Objection. Overruled. Nadia cared about her image and how I wouldn't just directly attach that to Page 2742 1 Harvey. 2 Q Ms. Mann, we had talked about one of the blog posts 3 that you wrote and one was The Failed Three-some and we went 4 over part one. 5 wrote a blog post called The Tender Beast, correct? You said there were two more parts but you also 6 A I don't know. 7 Q Well, I am going to show you a list from your phone. 8 Maybe it will help refresh your recollection. 9 A Okay. 10 Q Does that help refresh your recollection? 11 A I mean, I am seeing the note, yes. 12 Q And that's a list of blog posts that you wrote, 13 correct? 14 A I don't believe that's true. 15 Q Well, what is The Tender Beast? 16 A I don't know. 17 Q Were you referring to Harvey Weinstein when you talked 18 19 about The Tender Beast? A No, probably not. I am a Beauty and the Beast fan. 20 don't know. 21 so non-relevant in that whole list. 22 23 Q I also talk about grief and other things that are That doesn't have to do with The Tender Beast though. I am specifically asking you about that one. 24 A The Tender Beast, I don't know. 25 Q And when you first came forward with these charges, I Page 2743 1 Ms. Mann, isn't it correct that you decided to come to New York 2 because you knew that it was too late to go civilly in Los 3 Angeles, correct? 4 A I didn't know that at all. 5 Q Well, Jessica you sent an email back on November 15th 6 of 2017 and I will show it to you if your recollection is 7 exhausted. 8 A Okay. 9 Q And you sent that email, correct? 10 A Yes, uh-hum. 11 Q And in that email you said, I want to go criminal 12 charges, as it's too late for civil in LA, maybe not in New 13 York where a second incident happened, correct? 14 A Yes. 15 Q And you knew that if you filed criminal charges in New 16 York the statute of limitations extended on the civil lawsuit, 17 correct? 18 A You just educated me. 19 Q Well, Jessica you put it in your own email back on I did not know that. 20 November 15th of 2017, you knew that you may have a chance at 21 the civil law apple if you came here, correct? 22 23 MS. ILLUZZI: Objection, Judge. 24 25 Objection, Judge. THE COURT: Q Sustained as to form. Well, Jessica, you put in your own email that you Page 2744 1 wanted to go criminal charges as it's too late for civil in LA 2 and maybe not here in New York, correct? 3 A Um my grammar is a little off in that. 4 meant and I know what you are reading. 5 I learned about civil versus criminal. 6 Q I knew what I So I can tell you what And you learned that if you brought criminal charges 7 in New York City, the statute of limitations would extend for a 8 civil lawsuit against Mr. Weinstein? 9 A I did not know that. 10 Q How many lawyers did you say you spoke to? 11 A I was told I had to -- 12 Q How many lawyers would you say you spoke to? 13 A I am not going to answer that. 14 15 MS. ROTUNNO: directed to answer how many lawyers she spoke to. 16 17 18 Judge, I would ask that she be THE COURT: Next question, please. BY MS. ROTUNNO: Q Are you telling the Ladies and Gentlemen of this Jury 19 that you were never advised that you could go forward civilly 20 after this case is over with? 21 A 100,000 percent I did not know that until this moment. 22 Q This morning? 23 A You just told me. 24 Q Oh, right now. 25 Okay. But you are the one that sent the email in 2017 that Page 2745 1 said it might not be too late in New York for a -- where a 2 second incident happened? 3 A For a criminal. 4 MS. ILLUZZI: 5 THE COURT: 6 stands. 7 BY MS. ROTUNNO: 8 9 Q Objection. Overruled. Question and answer Move on, please. Ms. Mann, you have been diagnosed with mixed depressed mood and anxiety, correct? 10 A 11 diagnoses. 12 Q And borderline personality disorder? 13 A I have never been diagnosed with that. 14 Q Were you sent to a psychiatrist to be tested for 15 Panic disorder and anxiety disorder are a part of my borderline personality disorder? 16 A Not that I am aware. 17 Q Well, you didn't go further and do a further follow-up 18 with the psychiatrist, correct? 19 A The one from here in New York? 20 Q Correct. 21 A With the psychiatrist, um, I have seen a psychiatrist. 22 I don't know if I saw -- I didn't see one in New York. 23 did, it was in California but I don't know. 24 25 Q If I You were told that you needed to rule out borderline personality because you have some of those traits, correct? Page 2746 1 A They did not tell me that and no one disclosed that to 2 me. 3 this. 4 Q You saw that in your medical records? 5 A I did. 6 7 I saw that in one of my records, like what the heck is I have never been diagnosed with that. think. Q Well, it was a note from a suggestion, I It wasn't a diagnosis. That you had those traits, correct? 8 MS. ILLUZZI: 9 THE COURT: Objection, Judge. Sustained. 10 Q Ms. Mann, you have engaged in self injury, correct? 11 A That is correct. 12 Q You have you had suicidal or suicidal ideation, 13 correct? 14 A Yes. 15 Q You thought about a gun at one point, is that right? 16 A Yes. 17 Q You have instability in your moods, correct? 18 A Um, I mean, I have just been depressed. 19 Q You have inter-personal relationship issues, correct? 20 MS. ILLUZZI: 21 THE COURT: 22 THE WITNESS: 23 24 25 Q Objection, Judge. Overruled. I don't think so. You don't think you have issues with inter-personal relationship? A I guess I don't know what you mean by that. Page 2747 1 THE COURT: Asked and answered. Next question. 2 Q Do you have any self-image issues, Ms. Mann? 3 A Not today. 4 Q And stress related paranoid thinking, correct? 5 A I became paranoid during the course of waiting for 6 I did going up. this trial a little bit. 7 Q Have you experienced anger? 8 A Yes, I am angry. 9 MS. ROTUNNO: 10 11 12 THE COURT: Q Are you my psychiatrist? Judge, I ask that that be stricken. It stands, move on. Do you have any issues with dis-association or losing touch with reality? 13 A I never lost touch with reality. 14 Q Ms. Mann, we went over a series of communications that 15 I do disconnect. span from 2012 until 2017 with you and Mr. Weinstein, correct? 16 A Yes. 17 Q And that was a five year period of time, correct? 18 A Yes. 19 MS. ILLUZZI: Objection, Judge, this has been 21 MS. ROTUNNO: It's my last question, Judge. 22 THE COURT: 20 23 24 25 gone over. Q Under those circumstances, proceed. And you read a series of emails today, yesterday and Friday with the jury and myself, correct? A Yes. Page 2748 1 2 Q And those are not anywhere near all of the communications that you had with Mr. Weinstein, correct? 3 A Yes. 4 Q And, Ms. Mann, not one of those emails was presented 5 before a Grand Jury when you testified twice in this building? 6 7 THE COURT: Don't answer that question. answer that question. 8 MS. ROTUNNO: 9 Nothing further. If I can have a moment, Judge. 10 THE COURT: 11 MS. ILLUZZI: 12 Thank you very much. 13 THE COURT: 14 Do not your testimony. 15 Any redirect? Nothing for the People. Ms. Mann, thank you very much for You may step down. You are excused. (Witness is excused.) 16 THE COURT: I will give the jury a quick break. 17 Who are we calling next? 18 MS. ILLUZZI: 19 THE COURT: Yakov Mantelman. All right, Jurors. I will give you a 20 quick break and see you back here in five minutes and then 21 we will hear from the People's next witness. 22 Please remain mindful of all of my prior 23 admonitions and instructions during this or any other 24 recess. 25 (The jury exited the courtroom and the Page 2749 1 following occurred:) 2 THE COURT: 3 So the DA is going to call a variety of witnesses to move various items into evidence. 6 7 8 9 MS. ILLUZZI: THE COURT: in quick succession to move various items into evidence? 11 THE COURT: 14 I am sorry, You are going to call three witnesses MS. ILLUZZI: 13 I am sorry, excuse me. Judge. 10 12 Back on the record. All parties are present before the Court. 4 5 Come to order. Correct, sir. And one of them or more there will be, perhaps, subsequent redactions. MR. CHERONIS: Yes. We will make our record regarding that. 15 THE COURT: Make it now. 16 MR. CHERONIS: We have agreed that they are going 17 to -- that certain portions of the records are admissible 18 to show where people were at certain times. 19 objection to some of the information included in there. 20 have made that application. 21 We have an I can also supplement it. I have a motion drafted that I can give to the 22 Court to review it. They are not asking to publish those 23 portions now. 24 need to figure out right now. 25 THE COURT: So I don't think it is something that we That seems fine. We Page 2750 1 2 MS. HAST: And then we have some additional emails that we will publish before the end of the day too. 3 MS. ROTUNNO: 4 THE COURT: Judge, we have two -And Mr. Cheronis, did you want to 5 read the stipulation to the jury? 6 MR. CHERONIS: 7 MS. ROTUNNO: I do. Judge we just have two objections 8 to the emails. One, is one that I have already put in 9 evidence as quadruple T so I think it's cumulative. 10 MS. ILLUZZI: We are putting it in as well. 11 We are putting it in. 12 THE COURT: 13 MS. HAST: It is the same exact email? We can put in an exhibit. If we want 14 it in our direct case, we want it in a certain 15 chronological order when we show it to the jury now Judge. 16 MS. ROTUNNO: 17 THE COURT: 18 MS. ROTUNNO: It is the same exact email. And was the second one? The second one Judge is one between 19 somebody at Harvey's office and, um, it says Harvey's 20 office, between Harvey and somebody in his office. 21 hearsay information with regard to the package they had for 22 Ms. Mann that she declined. 23 It is And when I asked her if she took any money, you 24 sustained the objection. So I don't think the email, when 25 all I asked her was about the things that she did take from Page 2751 1 Harvey. 2 THE COURT: 3 MS. ROTUNNO: 4 MS. ILLUZZI: Right. That's right. That's correct. 7 THE COURT: 8 MS. ILLUZZI: 9 THE COURT: 10 11 This is the email about the package and the money being returned at the Peninsula? 5 6 Ms. Illuzzi, what -- MS. ILLUZZI: Spell it out for me. Well, that -I am not following it. I am not. So this email, Judge, reflects the fact that Ms. Mann refused money from the defendant. 12 THE COURT: 13 MS. ROTUNNO: This is marked as People's 194. Judge, on direct examination when 14 asked if she accepted money, Your Honor sustained that 15 objection. 16 17 18 MS. ILLUZZI: No, you didn't. You sustained the objection to a further question about it, Judge. You didn't let me ask that and nothing else. And 19 certainly the cross-examination for the last three days has 20 been centered on what Ms. Mann got out of this 21 relationship. 22 MS. ROTUNNO: And money not being one of them. 23 MS. ILLUZZI: And her integrity. 24 MS. ROTUNNO: So we don't know what Ms. Mann's 25 conversation was with regard to that. Page 2752 1 Ms. Mann is not on those emails. 2 MS. ILLUZZI: 3 THE COURT: 4 MS. ROTUNNO: 5 THE COURT: 6 MS. ILLUZZI: 7 in a bad financial situation -- 8 THE COURT: 9 MS. ILLUZZI: Okay. She -Oh, sorry. Spell it out again. Oh, my gosh. What? Judge, Ms. Mann was Right. -- and the defendant had a package 10 delivered with cash to her and she refused it. 11 that email documents that and we would like to put it into 12 evidence. 13 14 THE COURT: And if you want to do the duplicate one, knock yourself out. 15 16 Fair enough. And so, MS. ILLUZZI: Yes, I would like to be knocked out. 17 THE COURT: So People's 208 is identical to 18 quadruple T of Defense and the DA wants to put it in over 19 defense objection and I will allow it for no particular 20 reason. 21 22 MS. ROTUNNO: We are going to stipulate to the -- Judge, we are going to stipulate to the photographs. 23 MS. ILLUZZI: I don't want a stipulation anymore. 24 MS. ROTUNNO: I am going to renew the objection 25 to the photograph. They are not helpful in any way, shape, Page 2753 1 or form to the testimony we heard. 2 Ms. Mann testified to what she witnessed and what 3 she observed and her identifying photographs, that's what 4 she saw, and there is absolutely no reason to bring in 5 these photos at this point other than to shame and 6 embarrass Mr. Harvey. 7 8 THE COURT: ruled on this. 9 10 MS. ROTUNNO: I think it's fair to renew it at this point. 11 12 To quote Mr. Cheronis, I already THE COURT: If the stipulation takes two and they don't want to stipulate. 13 Mr. Cheronis you want to do the -- 14 MR. CHERONIS: 15 THE COURT: 16 And I know there is no further request for a 17 I would like to read it. Jurors entering. Molineux instruction. 18 COURT OFFICER: 19 Jury entering. (The jury entered the courtroom and the 20 following occurred:) 21 MS. ILLUZZI: 22 Your Honor, can we approach very briefly? 23 THE COURT: All right. 24 THE CLERK: Case on trial continued. 25 are present. Welcome back jurors. All parties Do the parties stipulate that the jury is Page 2754 1 present and properly seated? 2 MS. ILLUZZI: 3 THE CLERK: 4 MS. ROTUNNO: 5 THE COURT: The People. Yes. Defense. Yes. All right. So, Jurors, Mr. Cheronis 6 is going to read a stipulation to you and just to remind 7 you, a stipulation is a fact that both sides agree to 8 present to you as evidence without calling a live witness 9 to testify about it. 10 MR. CHERONIS: Thank you. 11 Defendant, Harvey Weinstein, by and through his 12 attorneys, the Law Office Damon M. Cheronis, Law Offices of 13 Brantano and Girolamo and Aidala, Bertuna and Kamins, and 14 The People of the State of New York, by and through 15 District Attorneys Joan Illuzzi and Meghan Hast hereby 16 stipulate and agrees that the following facts are true and 17 should be considered by the jury to be true and accurate: 18 It is not reflected in any of the notes of the 19 District Attorney of the interviews with Emanuela 20 Postacchini that she indicated seeing Harvey Weinstein in a 21 bathrobe or that he offered her a massage. 22 MS. ILLUZZI: 23 THE COURT: 24 MS. ILLUZZI: 25 The People call Yakov Mantelman. So stipulated. So stipulated, yes. The People call your next witness. Thank you, Judge. Page 2755 1 COURT OFFICER: 2 (Witness entered the courtroom.) 3 COURT OFFICER: 4 step. Witness entering. This way please. Watch your Remain standing. 5 Raise your right hand and face the Clerk. 6 THE CLERK: Do you swear or affirm that the 7 testimony you are about to give today will be the truth, 8 the whole truth and nothing but the truth under the 9 penalties of perjury? 10 THE WITNESS: 11 THE CLERK: I do. Please have a seat. 12 Y A K O V 13 called as a witness on behalf of the People, being first duly 14 sworn by the Clerk of the Court, was examined and testified as 15 follows: 16 17 M A N T E L M A N, COURT OFFICER: Have a seat. State your full name. 18 THE WITNESS: Yakov Mantelman. 19 THE COURT: 20 THE WITNESS: 21 THE COURT: 22 Please listen carefully to the questions from the Spell your full name, please. YAKOV, MANTELMAN. All right. 23 Assistant DA and answer her questions to the best of your 24 ability. 25 Please answer them loudly, clearly and slowly. Please give full and complete responses to all of Page 2756 1 her questions and try not to volunteer any information 2 beyond her specific question area. 3 On cross-examination, it's perfectly likely that 4 Mr. Cheronis will ask you questions. Should he choose to 5 do so, please give to him the same courtesies that you are 6 about to give to the DA. 7 And if and when you are asked to handle and view 8 or review any exhibits or items in evidence or about to be 9 put in evidence, you may do that upon the request of either 10 of the attorneys without further permission from the Court 11 okay. 12 THE WITNESS: 13 THE COURT: 14 more. You have to keep your voice up a lot Speak loudly into the microphone. 15 THE WITNESS: 16 THE COURT: 17 Okay. All right. Okay. You can adjust the microphone so you are speaking right into it. 18 Please inquire. 19 MS. ILLUZZI: 20 DIRECT EXAMINATION 21 BY MS. ILLUZZI: Thank you, Judge. 22 Q Mr. Mantelman, how are you employed? 23 A I am photographer in the District Attorney's Office. 24 Q Okay. 25 That's here at the Manhattan District Attorney's Office? Page 2757 1 A Yes. 2 Q How long have you worked here? 3 A Four years. 4 Q As a photographer do you have the opportunity to take 5 pictures of people and places? 6 A Yes. 7 Q On June 18th of 2018, did you take photographs of 8 Harvey Weinstein? 9 A Yes. 10 Q Do you see Mr. Weinstein in court today? 11 A Yes. 12 Q Could you point him out for the Court and the Jury and 13 describe what he is wearing today? 14 15 MR. CHERONIS: Q Stipulating to an identification. That being said, Judge, I am going to show you, sir, 16 photographs which have been marked for identification People's 17 Exhibit Number 209 to 213. 18 May I approach the witness, Judge? 19 20 THE COURT: Q 21 Not to them. The court officer will. They have seen them. Thank you. 22 A Okay. 23 Q Have you had an opportunity to review those 24 25 photographs? A Yes. Page 2758 1 2 Q Do those photographs -- did you take those photographs? 3 A Yes, of course. 4 Q Do they fairly and accurately represent how the 5 6 7 8 9 10 11 12 13 14 15 16 defendant looked or on June 18th of 2018? A Yes. MS. ILLUZZI: At this time, we ask them to be admitted into evidence and published to the jury. MR. CHERONIS: We renew our objection that these photos have no relevance to this case. THE COURT: Okay. 209 through 213 are received into evidence. MR. CHERONIS: at this point. We object to them being published They can go back to the Jury? MS. ILLUZZI: We are asking them to be published to just the jury. 17 MR. CHERONIS: We object. 18 THE COURT: 19 Please proceed, Ms. Illuzzi. 20 What do you want done? 21 MS. ILLUZZI: Objection. Overruled. I would just ask that they be 22 passed around between the jurors, please, and ask that they 23 not be held up. 24 25 THE COURT: All right, jurors. So why don't you, starting with juror number one, take a look at one, pass it Page 2759 1 down and then once you are finished looking at them, just 2 keep passing it down. 3 instructions during reviewing any evidence like that, 4 please do not discuss it among yourselves. 5 and pass it around and then when we get all the way around 6 the court officer will then receive them. 7 10 Just look at it (Published to the jury.) 8 9 And as I told you in the opening THE COURT: All right. I see everybody has had an opportunity to review the exhibits and have returned them to the court officer who is returning them to the DA. 11 Any further questions for the witness, People. 12 MS. ILLUZZI: 13 THE COURT: 14 MR. CHERONIS: 15 THE COURT: 16 down. No. Thank you so much. Any cross-examination, Mr. Cheronis? Zero. Thank you very much. You are excused. 17 (Witness is excused.) 18 THE COURT: 19 MS. HAST: 20 COURT OFFICER: 21 (Witness entered the courtroom.) 22 COURT OFFICER: 23 You may step The People, call your next witness. The people call James Bermingham. Witness entering. Watch your step. Remain standing. 24 Raise your right hand and face the Clerk. 25 THE CLERK: Do you swear or affirm that the Page 2760 1 testimony you are about to give here will be the truth, the 2 whole truth and nothing but the truth under the penalty of 3 perjury? 4 THE WITNESS: 5 THE CLERK: I do. Please have a seat. 6 J A M E S B E R M I N G H A M, 7 called as a witness on behalf of the People, being first duly 8 sworn by the Clerk of the Court, was examined and testified as 9 follows: 10 11 COURT OFFICER: last name. 12 THE WITNESS: 13 THE COURT: 14 THE WITNESS: 15 THE COURT: 16 State your full name, spell your James Bermingham, BERMINGHAM. Give your county of residence. Orange County, California. All right. Good afternoon, Mr. Bermingham. 17 Please listen carefully to the questions from the 18 Assistant DA and answer her questions to the best of your 19 ability. 20 Please give full and complete responses to all of her 21 questions but try not to volunteer any information beyond 22 her specific question area. 23 Please answer them loudly, clearly and slowly. On cross-examination it is perfectly likely that 24 one of the defense attorneys will ask you questions. 25 Should one choose to do so, please give to them the same Page 2761 1 courtesy that you are about to give to the DA. 2 And if you are asked to handle any exhibits or 3 any items in evidence, you may do that upon the request of 4 either of the attorneys without further permission from the 5 Court, okay? 6 THE WITNESS: 7 THE COURT: 8 Yes. Try to keep your voice up. Just speak loudly right into the microphone. 9 Please inquire. 10 DIRECT EXAMINATION 11 BY MS. HAST: 12 Q Good afternoon. 13 A Good afternoon. 14 Q By whom are you employed? 15 A I am employed by Montage International. 16 Q And do you work at a particular Montage Hotel? 17 A I have corporate oversight for all Montage Hotels. 18 Q And what is your position with Montage? 19 A I am the executive vice-president of operations. 20 Q How long have you been employed there? 21 A Seventeen and a half years. 22 Q What are some of your duties and responsibilities in 23 24 25 that position? A I am responsible for the overall performance of the hotels, the guest services, financial performance. Page 2762 1 2 Q And in your position, are you familiar with the recordkeeping practices by the Montage? 3 A Yes. 4 Q Are you familiar with the Montage Beverly Hills? 5 A Yes. 6 Q Where is that hotel located? 7 A It's 225 North Canon Drive Beverly Hills. 8 Q I am going to ask you to keep your voice up a little 9 bit. 10 you. The acoustics in here are really bad. 11 It's hard to hear Have you had occasion to be at that hotel? 12 A Yes. 13 Q So are you familiar with both the lobby area as well 14 as some of the rooms at that hotel? 15 A Yes. 16 Q Now, does the Montage report and maintain information 17 regarding customer stays with the Montage and specifically the 18 Montage Beverly Hills? 19 A Yes. 20 Q Do they also record and maintain a guest profile for 21 repeat guests? 22 A Yes. 23 Q Can you just describe for the jury what a guest 24 25 profile is? A A guest profile is a record of all previous and future Page 2763 1 2 3 stays and it also includes, guest preferences. Q Is it the regular course of business of the Montage to generate and maintain such records? 4 A Yes. 5 Q And are those records generated at or about the time 6 of the events being recorded? 7 A Yes. 8 Q Is the Montage employee who enters the information and 9 10 who maintains these records under a business duty to do so accurately? 11 A Yes. 12 Q Once the records are stored, can you retrieve records 13 related to a particular person for a given time span? 14 A Yes. 15 Q I am going to show you what I have marked for 16 identification as People's Exhibit 158. 17 A Thank you. 18 Q Do you recognize People's Exhibit 158? 19 A Yes. 20 Q And how many pages is that profile? 21 A That is approximately 132. 22 Q And is that profile recorded and maintained in the 23 24 25 It is the profile for a guest Max Poster. manner you just described? A Yes. MS. HAST: At this point, I would like to move Page 2764 1 the profile into evidence subject to later redactions by 2 the Court. 3 THE COURT: 4 MR. CHERONIS: 5 THE COURT: 6 Any objection? No. With that caveat, no, Judge. 158 is received into evidence. BY MS. HAST: 7 Q And you stated that that profile pertains to whom? 8 A It's the profile record of Max Poster. 9 Q And you have reviewed portions of that profile? 10 A Yes. 11 Q And is that Max Poster, is that actually an alias for 12 another individual? 13 A Yes. 14 Q And who is that? 15 A It's Harvey Weinstein. 16 Q And are there areas in that profile that indicate that 17 that name, Max Poster, is an alias for Harvey Weinstein? 18 A Yes. 19 Q And if I could draw your attention to Page 43 of that 20 profile. 21 22 THE COURT: Mr. Bermingham, would you lift the microphone up and speak directly into it? 23 Great. Thank you. 24 Q I think it's flagged there for you. 25 A Thank you. Page 2765 1 Q And on Page 43 of the profile, is that one of the 2 areas where it indicates that that is an alias for Harvey 3 Weinstein? 4 A Yes. 5 Q Can you just read that one portion of the profile? 6 A Always use alias Max Poster for future stays, 7 co-chairman at Weinstein Company, Max Poster is alias for 8 Harvey Weinstein. 9 Q And what date was that entry recorded in the profile? 10 A 11/01/10. 11 Q I am now going to show you what has been previously 12 marked as People's Exhibit 170 for identification. 13 14 Have you reviewed People's Exhibit 170 prior to testifying here? 15 A Yes. 16 Q And do you recognize it? 17 A I do. 18 Q What is that? 19 A This is the folio for reservation for Max Poster check 20 21 22 23 24 25 in on February 17, 2013 and checkout on the 2nd of March, 2013. Q And was that record maintained in the same way you described earlier in your testimony? A Yes. MS. HAST: At this point, I would like to move into evidence People's Exhibit 170. Page 2766 1 THE COURT: 2 MS. ROTUNNO: 3 Any objection? I think we are going to be asking about redactions with regards to that as well. 4 THE COURT: 5 subject to further redactions. 6 7 8 Okay. 170 is received into evidence, BY MS. HAST: Q And, again, that reservation pertains to what individual? 9 A Max Poster. 10 Q And that would be, again, the alias used by Harvey 11 Weinstein? 12 A Yes. 13 Q And if you could, again, just give the dates of that 14 stay? 15 A 16 17 18 The dates of the stay were arrival, February 17, 2013, departure March 2nd, 2013. Q Thank you. Now, you had stated that you are familiar with the lobby and bar area of the Montage? 19 A Yes. 20 Q Did that area go through a renovation at some point 21 22 23 24 25 while you were working at the Montage? A Yes, the Lovey Bar went through a renovation I believe in early 2016. Q And I am going to show you what I previously marked as People's Exhibit 159 and 160. Page 2767 1 Do you recognize, People's Exhibits 159 and 160? 2 A Yes. 3 Q And what do you recognize them to be? 4 A Photographs of the Lovey Bar at the Montage Beverly 5 6 Hills. Q And are those photographs -- do those photographs 7 fairly and accurately depict what the lobby bar area looked 8 like prior to the reservation in 2016? 9 A Prior to the renovation, yes. 10 11 MS. HAST: At this point, I would like to move into evidence People's Exhibit 159 and 160? 12 THE COURT: 13 MR. CHERONIS: 14 THE COURT: 15 16 17 Any objection? No. Those are received into evidence. BY MS. HAST: Q Prior to traveling to New York to testify were you asked to visit suite 520 at the Montage? 18 A Yes. 19 Q And, actually, I am just going to hand back up 20 People's Exhibit 170. 21 22 Can you tell the jury based upon that Exhibit, what room Harvey Weinstein was staying in during that stay in 2013? 23 A This is for room number 520. 24 Q And you visited that suite, 520 before coming in to 25 New York to testify? Page 2768 1 A Yes. 2 Q I am going to show you what I have marked as Exhibits 3 161 to 169. 4 Do you recognize People's Exhibits 161 through 169? 5 A Yes. 6 Q And do those exhibits fairly and accurately depict the 7 8 layout of the rooms in the suite 520? A Yes. 9 10 MS. HAST: At this point, I would like to move into evidence People's Exhibits 161 through 169. 11 THE COURT: 12 MR. CHERONIS: 13 THE COURT: Those are received into evidence. 14 MS. HAST: I have no further questions for the 15 Any objection? No. witness. 16 THE COURT: 17 MR. CHERONIS: 18 CROSS-EXAMINATION 19 BY MR. CHERONIS: Any cross-examination? Yes, Judge. 20 Q Sir, how long have you worked at the Montage? 21 A Seventeen and a half years. 22 Q And would you consider that sort of an upscale hotel 23 in California? 24 A Yes. 25 Q And famous people go there from time-to-time? Page 2769 1 A Yes. 2 Q Famous people will also check in under aliases from 3 time-to-time? 4 A Yes. 5 Q You never saw Mr. Weinstein walking in there with a 6 fedora and a fake beard, did you? 7 A Not that I recall. 8 Q Okay. 10 A No. 11 Q Are you aware that his mother's last name was Postal? 9 Are you aware that his father's first name was Max? 12 MS. HAST: 13 THE COURT: 14 Objection. Overruled. BY MR. CHERONIS: 15 Q Are you aware of that? 16 A No. 17 Q But, again, not unusual for a person who is famous to 18 check in under an alias, right? 19 A Correct. 20 Q In fact, the Montage has no problem keeping people's 21 privacy and secrecy, right? 22 A Yes. 23 Q And in your time at the Montage, you are familiar with 24 25 the California fire code, right, to some extent? A To some extent. Page 2770 1 2 Q To some extent, is the Montage up-to-speed on the fire codes? 3 A Yes. 4 Q You saw those photographs that they showed you of that 5 suite, didn't you? 6 A Yes. 7 Q What suite was that? 8 A Suite room number 520. 9 Q And there is a bathroom and there is a picture of a 10 bathroom, right? 11 A Yes. 12 Q And there is no lock on the outside of that bathroom 13 where you could lock somebody inside, is there? 14 A I don't believe so. 15 Q Well, you know so. 16 outside of a bathroom door in a hotel, right? 17 MS. HAST: 18 THE COURT: 19 question. 20 Q 21 You can't have a lock on the Objection. Sustained as to the form of the You can't have a lock on the outside of a bathroom door in a hotel, correct? 22 A Correct. 23 Q And the Montage certainly is in line with the fire 24 25 code, right? A Yes, sir. I believe that's true. Page 2771 1 2 Q Did the state ask you to see if you could lock the door from the outside when you went to that room? 3 A No. 4 Q And, Mr. Weinstein, so from time to time would have 5 parties at the Montage, right? 6 MS. HAST: Objection. 7 THE WITNESS: Yes. 8 Q Oscar parties? 9 A Yes. 10 Q A lot of famous people would be there, right? 11 A Yes. 12 Q Okay. 13 A Probably. Did any of them check in under aliases? 14 MR. CHERONIS: 15 THE COURT: 16 MS. ILLUZZI: 17 THE COURT: 18 19 20 testimony. No further questions. Any redirect? No. Thank you very much for your You may step down. THE WITNESS: You are excused. Thank you, sir. (Witness is excused.) 21 THE COURT: The People call your next witness. 22 MS. HAST: 23 COURT OFFICER: 24 (Witness entered the courtroom.) 25 COURT OFFICER: Yes. The people call Todd Labhart. Witness entering. You can step up. Remain standing Page 2772 1 and raise your right hand. 2 THE CLERK: Face the Clerk. Do you swear or affirm the testimony 3 you are about to give today will be the truth, the whole 4 truth and nothing but the truth under the penalty of 5 perjury? 6 THE WITNESS: 7 THE CLERK: Yes. Please have a seat. 8 T O D D L A B H A R T, 9 called as a witness on behalf of the People, being first duly 10 sworn by the Clerk of the Court, was examined and testified as 11 follows: 12 13 COURT OFFICER: State your full name. Spell your last name. 14 THE WITNESS: Todd Labhart, LABHART. 15 COURT OFFICER: 16 THE WITNESS: 17 THE COURT: Give your county of residence. Orange County, California. All right. If you can pull up your 18 chair a little bit more if you are able to, unless your 19 knees hit there. 20 Mr. Labhart, if you would listen carefully to the 21 questions from the Assistant District Attorney and answer 22 her questions to the best of your ability. 23 them loudly, clearly and slowly. 24 25 Please answer Please give full and complete responses to all of her questions, but try not to volunteer any information Page 2773 1 beyond her specific question area. 2 On cross-examination it's perfectly likely that 3 Mr. Cheronis will ask you questions. 4 do so, please give to him the same courtesy that you are 5 about to give to the DA. 6 Should he choose to And if you are asked to handle or view or review 7 any exhibits or any items in evidence, you may do that on 8 the request from any of the attorneys without further 9 permission from the Court, okay? 10 THE WITNESS: 11 THE COURT: 12 into that microphone. 13 THE WITNESS: 14 THE COURT: 15 DIRECT EXAMINATION 16 BY MS. HAST: Okay. All right. Speak loudly and right Please inquire. All right. Thank you. 17 Q Good afternoon. 18 A Good afternoon. 19 Q By whom are you employed? 20 A Peninsula Beverly Hills. 21 Q Where is the Peninsula Beverly Hills located? 22 A 9882 South Santa Monica Boulevard, Beverly Hills, 23 24 25 California, 90212. Q How long have you have worked for the Peninsula Beverly Hills? Page 2774 1 A Two and a half years. 2 Q What is your current position there? 3 A Director of Finance. 4 Q And what are your general duties and responsibilities 5 in that position? 6 A 7 the sort. 8 Q 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Budgeting, producing penal statements, forecasting and As a Director of Finance, are you familiar with the recordkeeping practices and the records kept and maintained by the Peninsula Beverly Hills? A Yes. (Continued on the following page.) Page 2775 1 Q Does the Peninsular Beverly Hills record and maintain 2 information recording customer stays with the Peninsular Beverly 3 Hills? 4 A Yes. 5 Q Does it also record and maintain guest profiles for 6 repeat customers? 7 A Yes. 8 Q Can you just describe what a guest profile is at the 9 10 Peninsular? A Guest profiles is update based upon the preferences of 11 a guest who might have specific needs like they want a feather 12 pillow or don't want a feather pillow type of things. 13 coffee instead of tea, those kinds of likes and dislikes. 14 15 Q They want Is it the regular course of business of the Peninsular to generate and maintain such records? 16 A Yes. 17 Q Are the records of the stays generated at or about the 18 time of the event they are recording? 19 A Shortly after. 20 Q Is the Peninsular employee who enters information and 21 maintains these records under a business duty to do so 22 accurately? 23 A Correct. 24 Q Once the records are stored, can you retrieve records 25 related to a particular person for a given time? Page 2776 1 A Yes. 2 Q I'm going to show you what has been previously marked 3 as People's 176 for identification. 4 MR. CHERONIS: 5 THE COURT: 6 ( Conversation held off the record). 7 8 Q Sure. I'm going to pass to you People's 176 for identification. 9 10 Can we approach, your Honor. ( Handed to witness). Q Do you recognize People's Exhibit 186? 11 THE COURT: 12 MS. HAST: 176. Sorry, 176? 13 A Yes. 14 Q What do you recognize that to be? 15 A It's a guest profile for a guest. 16 Q For what guest? 17 A Harvey Weinstein. 18 Q And was that record maintained in the way you described 19 20 21 it earlier in your testimony? A Yes. MS. HAST: At this point I would like to move into 22 Evidence People's Exhibit 176 subject to later redactions 23 by the Court. 24 THE COURT: 25 MR. CHERONIS: Anything further? Not based on that. Page 2777 1 2 3 THE COURT: Q 176 is received into evidence. Does that profile contain any information about any alias that Harvey Weinstein used when staying at the Peninsular? 4 A Yes. 5 Q What aliases did he use? 6 A Max Poster or Jim Westbrook. 7 Q I'm going to show you now what I marked as People's 8 Exhibits 177 and 178. 9 ( Handed to witness). 10 Q Do you recognize People's Exhibit 177 and 178? 11 A Yes, I do. 12 Q What do you recognize those two exhibits to be? 13 A These are folios we were asked to collect by subpoena. 14 Q Focusing first on People's 177, does that include stays 15 at the Peninsular by Harvey Weinstein in the year 2013? 16 A Yes. 17 Q And were those records maintained in the way you 18 testified to earlier? 19 A Yes. 20 Q Turning to Exhibit 178, are those records pertaining to 21 stays by Harvey Weinstein in 2014? 22 A Yes. 23 Q Are those records maintained in the way you described 24 earlier? 25 A Yes. Page 2778 1 MS. HAST: 2 I would like to move into Evidence 177 which is 87 pages, and 178 which is 136 pages. 3 THE COURT: 4 subject to later redactions. 5 6 7 Q Those are received into evidence If you could look at 177. Give the date of the various stays of Harvey Weinstein at the Peninsular Hotel in 2013? A The first one here is from January 10th, this was a 8 stay that lasted until January 15th of 2013. 9 long. 10 11 The next stay was January 25, 2013 through January 29, 2013. 12 13 The next stay was February 2, 2013 through February 5, 2013. 14 We have February 17th, February 28, 2013. 15 2013 to April 21, 2013. 16 April 19, 2013 to April 21, 2013. 17 The next stay is July 12, July 13, 2013. 11th to August 13th of 2013. 19 2013. 20 April 19, This must have been a second room. 18 21st through October 23, 2013. 22 2013. Then August August 16th through August 17, September 15th through September 16, 2013. 21 23 It is six pages October October 29th through November 1, November nine through November 12, 2013. 24 November 12, 2013. 25 December 9th through December 11, 2013. One day of November 23, 2013 through December 2, 2013. December 16th through Page 2779 1 2 December 18, 2013. Q That's all of 2013. Turning your attention to People's 178. If you could 3 do the same thing with respect to Harvey Weinstein's stays in 4 2014. 5 A Okay, January 3, 2014 through January 7, 2014. 6 16th through January 17, 2014. 7 2014. 8 9 10 January 20, 2014 through January 23, 2014. through February 21, 2014. February 27th through March 8, 2014. April 9th through April 11, 2014. April 19th through April 20, 2014. June 19th through June 20, 2014. June 24th through June 25, 2014. 15 July 11th through July 12, 2014. 16 August 1, 2014. 17 28th through August 29, 2014. 18 19 February 20th March 17th through March 19, 2014. 13 14 January 18th through January 19, February 9th through February 10, 2014. 11 12 January July 30th through August 21st through August 23, 2014. September 2nd through September 4, 2014. August October 15th through October 17, 2014. 20 November one through November 2, 2014. 21 through November 16, 2014. 22 2014. 23 November 12th through November 19, December 19th through December 25, 2014. 24 into 2015. 25 Q November five We are good for 2014. Continues on Page 2780 1 MS. HAST: 2 I have no further questions for this witness. 3 THE COURT: 4 MR. CHERONIS: 5 CROSS EXAMINATION 6 BY MR. CHERONIS: 7 Q Any cross examination? Good afternoon sir. Very briefly. Regarding the records that you 8 just testified to. Do you have personal knowledge to all the 9 events included in those records? 10 A No sir. 11 Q For instance, Max Poster Jim Westbrook, those were in a 12 document kept at the Peninsular, you introduced them and you 13 read those names, right? 14 A Yes. 15 MR. CHERONIS: 16 THE COURT: No further questions. Okay, thank you very much for your 17 testimony, you may step down, you are excused. 18 witnesses? Any further 19 MS. ILLUZZI: 20 MS. HAST: 21 COURT OFFICER: 22 ( Witness enters courtroom and is sworn in). 23 COURT OFFICER: 24 25 Yes. The People call Daniel Rothman. Witness entering. State your full name, spelling your last name. A Daniel Rothman, R. O. T. H. M. A. N. Page 2781 1 2 COURT OFFICER: A County of residence. Essex County, New Jersey. 3 THE COURT: Okay, Mr. Rothman, listen carefully to 4 the questions from the ADA and answer her questions to the 5 best of your ability. 6 Please answer them loudly, clearly, and slowly. 7 Please give full and complete responses to all her 8 questions, but try not to volunteer any information that 9 goes beyond her specific questioned area. 10 On cross examination, it is perfectly likely Mr. 11 Cheronis will ask you questions. 12 so, give to him the same courtesy you're about to give to 13 the District Attorney. 14 Should he choose to do If you are asked to look at any exhibits or items 15 in evidence, you may do that upon the request from either 16 attorney without permission from the Court, okay? 17 A Yes. 18 THE COURT: Lower that microphone and just try to 19 speak directly into it, lift it up a little more, right 20 into it speak loudly. 21 DIRECT EXAMINATION 22 BY MS. HAST: Please inquire, Ms. Hast. 23 Q Good afternoon. 24 A Good afternoon. 25 Q By whom are you employed? Page 2782 1 2 3 4 A I'm employed by United States Customs and Border Protection. Q How long have you worked for the United States Customs and Border Protection? 5 A Just over 16 years. 6 Q What is your current position there? 7 A I'm currently the integrity officer for the New York 8 9 field office. Q 10 officer? 11 A What are your duties and responsibilities as integrity My responsibilities are to serve as the defacto subject 12 matter expert on matters related to operational and personnel 13 integrity for our officers. 14 I do this by conducting field assessments of both of 15 our facilities and of our officers through video review, covert 16 assessment and the like. 17 18 19 I also serve as a subject expert on all matters related to immigration and admissibility for the field office. Q As an integrity officer, are you familiar with the 20 records kept and maintained by U.S Customs and Border 21 Protection? 22 A I am. 23 Q Does U.S Customs and Border Protection record and 24 25 maintain information regarding citizen international travel? A It does. Page 2783 1 2 3 Q Can you describe what information is recorded and maintained? A In the normal course of business, we maintain all 4 transactional data related to international travel; including 5 name, date of birth, passport, or other documentary information; 6 flight information. 7 travel in or out of the United States and any documents thereto. 8 9 Q Basically anything related to a passenger's You said Customs and Border Protection keeps records with respect to travel both in and out of the United States? 10 A Yes. 11 Q Was that true, how long has that been true? 12 A We have maintained, we maintain records as -- okay, we 13 have records as long as they are provided to us. 14 reporting of transactional data began after 911. 15 Q Mandatory So prior to 911, was, did the U.S Customs and Border 16 Protection regularly maintain information regarding departure 17 from the U.S going overseas? 18 A It was not regularly maintained like it is today. 19 Q Is it the regular course of business of the U.S Customs 20 and Border Protection to generate and maintain the records you 21 just described? 22 A Yes. 23 Q Are those records generated at or about the time of the 24 25 events they are recording? A Yes. Page 2784 1 Q Is it the U.S Customs and Border Protection employee 2 who enters the information and maintains the records under a 3 business duty to do so accurately? 4 A Yes. 5 Q Once the records are stored, can you retrieve records 6 of all the travel of a particular person for a given time span? 7 A Yes. 8 Q Describe how you are able to retrieve that information? 9 A We have a system of records, and through that system of 10 records, we can quiry data and using a quiry function, can pull 11 data that is stored in our system and retrieve it in a table 12 format and then provide it as requested. 13 14 Q I'm going to show you what I previously marked as People's Exhibit 36 through 39. 15 ( Handed to witness). 16 Q Do you recognize Exhibit 36 through 39? 17 A Yes, I do. 18 Q What do you recognize them to be? 19 A These are person encounter lists generated through 20 21 texts through the quiry that I previously mentioned. Q Are those records kept in the regular course of 22 business of the U.S Customs and Border Protection as you 23 previously described? 24 A Yes. 25 Q Does each exhibit relate to a particular person within Page 2785 1 2 a particular timeframe? A Yes. 3 MS. HAST: 4 I would like to move into evidence People's 36 through 39. 5 THE COURT: 6 MR. CHERONIS: 7 THE COURT: 8 9 10 11 Any objection? No your Honor. 36 through 39 are received into evidence. Q Starting with People's 36, if you could tell the jury what person those records pertain to and what timeframe? A Okay, record 36 is a person encounter list for 12 Mr. Harvey Weinstein for the period of January 1, 1992 through 13 December 31, 1998. 14 Q Staying on People's 36 for a moment. Are those records 15 prior to 911, do those records only provide information of 16 Harvey Weinstein's return travel to the United States? 17 A That is correct. 18 Q That was before the rules changed and you began 19 recording regularly both the outbound and inbound information? 20 A That is correct. 21 Q Focusing now on People's 37. 22 23 24 25 If you could do the same with respect to the person and timeframe? A Exhibit 37 pertains to Mr. Harvey Weinstein for the period of May 1, 2006 through July 31, 2006. Q Those records being post 2001 contain both the Page 2786 1 departure and return information? 2 A That is correct. 3 Q People's Exhibit 38? 4 A Exhibit 38 pertains to Mr. Harvey Weinstein for the 5 period of January 1, 2013 through August 15, 2019. 6 Q Finally, turning your attention to People's Exhibit 39? 7 A This exhibit pertains to Ms. Georgina Chapman from the 8 9 10 period May 1, 2006 through July 31, 2006. Q that first page of People's Exhibit 36. 11 12 I'm going to pull up on the screen People's Exhibit 36, Focusing your attention on the columns, describe for the jury what information is contained in each of those columns? 13 A Starting with the last? 14 Q Yes, sure. 15 A Last name is self explanatory. 16 17 18 The last name of the person to whom the record belongs. The next column is the first name of the person to whom the record belongs. 19 The next column is that person's date of birth. 20 The next column is document type, document type P 21 22 23 24 25 indicates that a passport was recorded. The next column is document number, that would be the number of the document, in this case the passport number. The next column is date time, that is the date and time of the actual admission to the United States or the outbound. Page 2787 1 So, for inbound flights you would see an actual time of 2 admission. 3 a time of departure because we don't actually inspect outbound. 4 So outbound flights will always have a zero zero, zero zero 5 time. 6 airline for air travel. 7 Airlines and so on. 8 9 10 11 After 2013 for the outbound flights you will not see Carrier code is the next, that is the carrier, the So AF would be Air France. Ba British The carrier number, the next column is the actual flight number. So in the first line it would be Air France flight two. The next column is an inbound outbound indicator; 12 meaning was the flight into the United States or from a foreign 13 port or place or outbound from the United States to a foreign 14 port or place. 15 The site code is a designated internal code that CBP 16 uses to designate where the flight, either originated from or 17 entered to. 18 And there are several types of codes either beginning 19 with and A for air travel, or a four digit code such as on the 20 first line, either one is acceptable and used. 21 The next column INSP stands for inspector or inspecting 22 officer which is typically redacted in these types of 23 proceedings. 24 admitted the person in the record. 25 information provided. But that would be the name of the inspector who The type is the type of Page 2788 1 So APIS stands for Advanced Passenger Information 2 System, that is information provided by the airline. 3 that information was not mandated, so you will see as in column 4 two or row two I should say, airline not APIS, that means that 5 the airline provided some data but it was not up to APIS 6 standards and it was not provided through APIS. 7 8 9 10 11 Pre 911 Any record after 911 would, you wouldn't see that because APIS was mandated. The next column is status, that is an APIS column and that until I believe sometime in 2013 remained blank. After that our systems began indicating whether 12 somebody was either on board or not on board a flight. 13 was an improvement we made to our systems, and you won't see 14 that until I believe sometime in 2013 in these records. 15 So that The next column is a referral code that indicates 16 whether somebody was referred for an examination and that is 17 typically redacted in these records. 18 The next column is the arrival location or the arrival 19 airport, the three letter airport code. 20 John F Kennedy International Airport. 21 Liberty International Airport. 22 JFK corresponding to EWR would be Newark TB Teterboro and so on. You can see in the second row because it wasn't APIS 23 data and the full amount of information was not mandated, 24 certain information is missing, that does not mean the flight 25 did not come in, it just means the airline was not mandated to Page 2789 1 provide that information at that time. 2 The next column is departure location, that is where 3 the flight departed from, CDG is Charles De Gaulle Paris. 4 is London Heathrow and so on. 5 6 Q LHR I'm going to turn your attention to page two of that document to the entry for June 21, 1997. 7 A Yes. 8 Q If you could looking at that line, tell the members of 9 the jury what airport Harvey Weinstein departed from and what 10 airport he arrived at on that date June 21, 1997 according to 11 these records? 12 A On June 21, 1997 according to this record, Harvey 13 Weinstein departed from Charles De Gaulle airport in Paris 14 France and a arrived at John F. Kennedy International Airport in 15 Jamaica, New York. 16 Q Turning your attention to page three of People's 17 Exhibit 36, and focusing your attention to the entries dated 18 December 10, 1994, October 28, 1994 and October 7, 1994. 19 20 21 Tell the members of the jury what airport Harvey Weinstein had departed from and arrived to on those three dates? A According to these records, on all three dates Mr. 22 Weinstein departed from London Heathrow airport and arrived at 23 John F. Kennedy International Airport. 24 25 Q I'm going to turn your attention now first to People's Exhibit 37 for a brief moment. Does looking at People's 37, do Page 2790 1 these records from 2006 contain the time of the arrival? 2 A No. 3 Q With respect to the inbound and outbound, in some of 4 5 those entries there is an F, describe what the F is there? A Yes. So prior to our current transactional systems, 6 private flights were processed in the private aircraft 7 enforcement system. 8 9 Sometime between I believe 2008 and 2011, all of that data was migrated over into our current system. 10 I checked with our IT professionals in our 11 headquarters, and according to them, some of that data didn't 12 migrate perfectly. 13 inbound data showed up in the new system as F instead of I. 14 15 Q And when it migrated over, some of the So, where you are seeing F in the later records, that does in fact also indicate an inbound flight? 16 A Yes, correct. 17 Q I'm going to show you what I marked as People's 40 for 18 identification. 19 20 21 ( Handed to witness). Q Do you recognize People's Exhibit 40 for identification? 22 A Yes. 23 Q What do you recognize that to be? 24 A This is a line of data from a person encounter quiry. 25 Q Is that kept and maintained by the U.S Customs and Page 2791 1 Border Protection in the manner you described previously? 2 A Yes. 3 Q Does that exhibit provide some additional information 4 5 with regard to Harvey Weinstein's travel on July 10, 2006? A Yes, it adds the time. 6 MS. HAST: 7 I would like to move into evidence People's Exhibit 40. 8 MR. CHERONIS: 9 THE COURT: 10 Q No objection. 40 is received into evidence. So according to that record, what time did Harvey 11 Weinstein arrive in the United States and what airport on July 12 10, 2006? 13 A 14 15 16 He arrived in the United States at Teterboro Airport at 1748 or 5:48 p.m. Q Did he arrive on a commercial flight or a private flight? 17 A He arrived on a private flight. 18 Q Is there a difference with respect to how a person 19 comes through customs on a private flight versus a commercial 20 flight? 21 22 23 24 25 A Well, it is a much faster process. There is no line, there is no large immigration hold, it is an expedited process. Q I'm going to show you what I previously marked as People's Exhibit 41 for identification. ( Handed to witness). Page 2792 1 2 Q Do you recognize People's Exhibit 41 for identification? 3 A Yes. 4 Q Did you review that chart prior to testifying today? 5 A Yes. 6 Q Does the chart that is marked as People's Exhibit 41 7 fairly and accurately depict information from People's Exhibits 8 37, 39 and 40 that are in evidence? 9 A 10 Yes. MS. HAST: 11 I would like to move into evidence People's Exhibit 41. 12 THE COURT: 13 MR. CHERONIS: 14 THE COURT: 15 16 Q Any objection? No. 41 is received into evidence. I'm going to pull up People's 41 on the screen. could go through that exhibit with the jury. 17 A 18 2006. 19 Q Is that June second? 20 A Sorry, June second, 2006, my mistake. All right, starting at the first row, on June first, Harvey Weinstein 21 departed from Le Bourget Airport in France and arrived at 22 Westchester Airport in New York. 23 If you On June 28, 2006 Harvey Weinstein departed from 24 Teterboro Airport in New Jersey and arrived at Le Bourget 25 Airport in France. Page 2793 1 On June 29, 2006 Georgina Chapman departed from John F. 2 Kennedy Airport in New York and arrived at Stansted Airport in 3 London, England. 4 On July 10, 2006, Harvey Weinstein departed from 5 Farnborough Airport in England and arrived in Teterboro Airport 6 in New Jersey at 5:48 p.m. 7 On July 14, 2006 Harvey Weinstein departed from 8 Westchester Airport in New York and arrived at London Biggin 9 Hill Airport in England. 10 On July 25, 2006 Harvey Weinstein and Georgina Chapman 11 departed from Farnborough Airport in England and arrived at 12 Teterboro Airport in New Jersey. 13 14 Q I'm going to show you what I previously marked as People's Exhibit 42 for identification. 15 16 17 ( Handed to witness). Q Do you recognize People's Exhibit 42 for identification? 18 A I do. 19 Q Did you also review this chart prior to testifying 20 today? 21 A I did. 22 Q Does that chart fairly and accurately depict Harvey 23 Weinstein's travel outside of the United States from June 19, 24 2013 through September 8, 2017 based on the records that are in 25 evidence as People's Exhibit 38? Page 2794 1 A It does. 2 MS. HAST: 3 I would like to move into evidence People's Exhibit 42. 4 THE COURT: 5 MR. CHERONIS: 6 THE COURT: 7 Q Any objection? No. 42 is received into evidence. If we can pull it up on the screen please. If you 8 could describe what that last column date out of the U.S 9 indicates? 10 11 A That column indicates the total and cumulative total number of days the defendant spent outside of the United States. 12 Q 13 2017? 14 A Yes. 15 Q During that time span, how many days in total did 16 Is that from June 19, 2013 through September 8th of Harvey Weinstein spend outside the United States? 17 A 243 days. 18 Q Is that number reflected on the bottom of that chart? 19 A Yes. 20 MS. HAST: 21 THE COURT: 22 MR. CHERONIS: 23 CROSS EXAMINATION 24 BY MR. CHERONIS: 25 Q Just one moment. No further questions. Any cross examination? Yes. Put up 40 for a second. 37, I'm sorry. Good Page 2795 1 afternoon, good evening almost. 2 A Yes. 3 Q So on 37 here, if you look at it, there is a date for 4 July 10th of 2006 and no time on there, right? 5 A Let me just find it please, July 10, 2006 yes. 6 Q You told the members of the jury I think that there was 7 maybe another system or somewhere elsewhere you got the time 8 from; is that right? 9 A Yes. 10 Q How did that happen? 11 A That I didn't pull that particular record. 12 Q Where was that record pulled from? 13 A That I don't know. 14 Q Did you ever see that record yourself other than today 15 in court? 16 A In previous, prior to this while I was preparing. 17 Q Do you know where that record came from is what I'm 18 19 asking? A It is clearly a record from our systems. 20 21 22 MR. CHERONIS: Q Can we pull that record up please. So, that is the record from your system I was asking you about, right? 23 A Yes. 24 Q There it says crossing date time July 10, 2006 at 1748 25 which is 5:48 in the evening, right? Page 2796 1 A Yes. 2 Q Now, does that number 1748, is that the number or the 3 time for when the flight is supposed to land? 4 A No. 5 Q What does that number indicate? 6 A A crossing time is when a person is actually admitted 7 8 9 10 into the United States. Q That would be after they got off the flight and went through customs? A Yes, that is when the process through the entire 11 immigration and customs processing. 12 private flight, it is a one stop shop. 13 Q 14 customs? 15 A It is done together for a You have to get off the plane, right, then go to Typically sometimes, it really depends. Back in 2006 16 processing was sometimes done on the flight and then entered 17 right after for U.S citizens. 18 19 20 21 22 Q Do you know if on this flight we are talking about, the customs was processed on the flight or not? A If it was, it would be entered immediately thereafter, that is just how it was done in Teterboro. Q Do you know as you look at that crossing date and time, 23 whether the custom checking was done while Mr. Weinstein was 24 still on the plane? 25 A No. Page 2797 1 2 Q you. I'm trying to figure it out, not trying to confuse 1748 is when he clears customs? 3 A 1748 when he's admitted into the United States. 4 Q You do that when you go through customs? 5 A I think there is some confusion. 6 Q Sure. 7 A When you clear a private aircraft at a place like 8 Teterboro, it is not like clearing in say John F. Kennedy where 9 you come down through the hall, go see an inspector, go pick up 10 your luggage and then go get processed. 11 concise process. It is a much more It is done very quickly and -- 12 Q Do you know how it was done in 2006 at Teterboro? 13 A In Teterboro they had a processing in a hangar like 14 facility where you had typically two inspectors or two 15 officers. 16 immigration related tasks. 17 documents or bring people off. 18 sometimes they bring you off, sometimes the processing is on 19 board. 20 21 22 One would do customs related tasks, one would do So one would come on, look at If there were aliens on board, That officer would then immediately go and complete the processing in our systems. The customs officer would do whatever checks to the 23 plane or baggage needed to be done. So any immigration 24 processing such as admitting someone in the system would happen 25 very, very quickly after processing. It is not, again, it is Page 2798 1 not like you go through a hall then pick up something and then 2 wait on line or anything like that. 3 Q That was in 2006, right? 4 A Yes. 5 Q Did you ever talk to the District Attorney here about 6 the quick nature of checking in on customs, did they talk to you 7 about that? 8 A No. 9 Q So, as far as 1748 is concerned, what you can tell us 10 is that is the time Mr. Weinstein was admitted to the United 11 States through customs? 12 A The time he was admitted in our systems. 13 Q Possibly at that hangar area, right? 14 A In our offices. We had an office in Teterboro that is 15 set up with the hangar area. 16 office within that. 17 the hangar. 18 19 20 Q There is a Customs and Immigration It is not like we are sitting around inside Listen, I'm not trying to confuse you. Once you are in that office, that is when the number gets generated? A The number is generated when the person is admitted 21 into the system. 22 confirmed in our system, it means it is an admission into the 23 United States. 24 what is on this document. 25 Q It is an automated process. When a person is That admission generates a time, that time is Do you know where Mr. Weinstein was when that time Page 2799 1 stamp was generated? 2 A I would need to see camera footage to know where he 3 was. 4 admitted. 5 Q 6 All I can say is what time our systems indicate he was Sure, you don't know if that was while he was still on the plane possibly? 7 A It is possible. 8 Q Could have been after he got off the plane, right? 9 A It is possible. 10 Q You are from New Jersey? 11 A Yes. 12 Q How long does it take to get from Teterboro to Soho 13 five o'clock on Monday? 14 MS. HAST: 15 THE COURT: 16 A Objection. You can answer. I have no idea. 17 MR. CHERONIS: 18 THE COURT: 19 MS. HAST: No further questions. Any redirect? Just to clarify, Harvey Weinstein had 20 finished the immigration process at Teterboro Airport at 21 the time indicated there, 1748? 22 23 24 25 A Yes, no one can leave the area until they are finished with the process. It is not like this can happen after a person leaves. Everything is completed, and then the person is released from Page 2800 1 our area. 2 We finish processing then release somebody. 3 release somebody then finish processing. 4 way. 5 6 MS. HAST: A We don't It does not work that That was at 1748 on July 10, 2006? That is when he was admitted in our system. I cannot 7 speak to where he was in our area, but I can say he was not 8 outside our area. 9 MR. CHERONIS: 10 11 12 So, 1748 is not necessarily the release time, is it? A 1748 is when he was admitted into our system. When somebody is admitted they leave shortly thereafter. 13 MR. CHERONIS: You do not know as you sit here 14 today, how long after he was admitted was he released? 15 A 16 a reason to detain them, such as a referral for canine or 17 drugs or anything like that. 18 protocols that prohibit us from detaining somebody for any 19 amount of time without any suspicion of any wrongdoing. No. 20 Anytime anybody is detained further, if there is Absent that, we have So, there is no reason to detain somebody 21 especially on private flights. 22 MR. CHERONIS: You weren't there on July 10, 2006 MR. CHERONIS: Thank you. 23 24 25 were you? A No. Page 2801 1 THE COURT: 2 step down, you are excused. 3 A Thank you. 4 5 THE COURT: Please remain mindful of all my prior admonitions and instructions. 8 9 All right jurors, see you tomorrow 9:30 a.m. 6 7 Thank you for your testimony, you may During this or any other recess, keep an open mind. Do not discuss this case among yourselves or with 10 anyone else nor allow anyone to discuss it in your 11 presence, and refrain from any and all research or 12 communication, social media or otherwise, internet or 13 otherwise about anything whatsoever to do with the case. 14 Have a great evening, thank you very much. 15 ( Jury exits courtroom). 16 THE COURT: 17 closed. The jurors have left, the door is People, who are you calling tomorrow? 18 MS. ILLUZZI: 19 THE COURT: 20 MS. ILLUZZI: A bunch of people. Names. Rothschild Capalongo, Hector 21 Castillo, Marcy Liroff, the Tribecca person who is a 22 custodian of records, possibly Lauren Young and Ryan Beatty 23 if we get to them. 24 25 THE COURT: time. Have them available if we have the Page 2802 1 MS. ILLUZZI: 2 THE COURT: 3 MS. ILLUZZI: 4 I would like to bring up something. Okay. We have no way of knowing the line-up of the defense witnesses. 5 I have asked many, many times. They have not 6 given me their line-up and so we feel as though we have 7 been as courteous as possible with regard to this, and of 8 course we would also like to have that courtesy given back 9 to us. 10 11 12 And I have no idea who they are calling as soon as we rest and we would like to know. MS. ROTUNNO: We have given the list of witnesses 13 we anticipate calling, and as soon as we know the order 14 ourselves, Ms. Illuzzi will be the first person to know. 15 We have not made that determination. 16 17 THE COURT: I'm comfortable what you told me the other day about the witnesses you intend to call. 18 My only issue is that as it becomes increasingly 19 clear when the People are likely to rest, whether that is 20 at the end of business tomorrow or early Thursday perhaps, 21 that you have somebody available either first thing 22 Thursday or after they rest on Thursday. 23 One last thing, I would again strongly suggest you 24 tell me which of the Molineaux cautionary curative 25 instructions you want me to read and when, now that Ms. Page 2803 1 Mann is off the stand and otherwise the next Lauren Young 2 one. 3 Just remind me after she testifies or at the time 4 she's testifying that you want me to. 5 prompting, I'm not comfortable doing it, except upon your 6 suggestion which is why I keep suggesting. 7 MS. ROTUNNO: Without your I will say this so Ms. Illuzzi is 8 aware, we do know we have to call Elizabeth Loftus on 9 Friday. 10 MS. ILLUZZI: Regarding Elizabeth Loftus, what I 11 received from the defense is a transcript of previous 12 testimony; so I assume she's doing this pro bono, because I 13 got no contract, got no invoice, no bill, no notes, no 14 anything regarding this witness. 15 So, right now we are in the assumption she's doing 16 this pro bono, and until we get something otherwise, you 17 know, we are going to object to her being called, if that 18 is not the case. 19 20 21 MR. CHERONIS: I do not remember getting any contracts from Dr. Ziv. MS. ILLUZZI: You got a contract, a breakdown how 22 much she was making an hour, that was also testified to on 23 her direct. 24 25 THE COURT: I did alert the defense to the discovery issues that are obligatory. Page 2804 1 2 MS. SAMSON: I gave everything I have. not met with the doctor, we do not have a contract. 3 MS. ILLUZZI: 4 MR. CHERONIS: You have not retained her? If we give her a contract, you will 5 be the first to get it if we have it. 6 now. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We have THE COURT: We don't have it All right, you do have obligations, see you tomorrow 9:30. ( Trial adjourned to February 5, 2020) Page 2805 SUPREME COURT NEW YORK COUNTY TRIAL TERM PART 99 ------------------------------------x THE PEOPLE OF THE STATE OF NEW YORK : INDICTMENT # : 2335-18 : 2673-19 : AGAINST : CHARGE : Pred Sex Asslt HARVEY WEINSTEIN : : : Defendant : -------------------------------------x Trial 100 Centre Street New York, New York 10013 February 5, 2020 B E F O R E: HONORABLE: JAMES BURKE, JUSTICE OF THE SUPREME COURT APPEARANCES: (Same as previously noted) ---------------------------------------------------------------------THE CLERK: Case on trial continued, all parties are present. Please state your appearances for the record. MS. ILLUZZI: MS. HAST: Meghan Hast. MR. CHERONIS: Cheronis. Joan Illuzzi. For Harvey Weinstein, Damon Page 2806 1 MS. ROTUNNO: 2 MS. SAMSON: Diana Samson. 3 MR. AIDALA: Good morning your Honor, Arthur 4 Aidala. 5 THE COURT: 6 MS. ILLUZZI: 7 THE COURT: 8 MR. AIDALA: 9 10 11 Donna Rotunno for Harvey Weinstein. Who is your next witness? Rothschild Capulong. Is everybody ready? Your Honor, with the Court's permission, could Ms. Diana Samson be excused to prepare for the defense case? THE COURT: 12 here again. 13 or parttime. Sure, I mean I see Mr. Kamins is not So it is up to you guys whether to be fulltime 14 MR. AIDALA: I think -- 15 THE COURT: Thank you for asking. 16 MR. AIDALA: I believe at the beginning of the 17 trial, Mr. Kamins asked you -- 18 THE COURT: He said is it okay to skip jury 19 selection and I said okay, that is fine. 20 he was going to be parttime. 21 22 23 24 25 I did not realize So yes, Ms. Fabi is free to do what she pleases. People, who is your next witness? MS. ILLUZZI: Mr. Rothschild Capulong, Rothschild is the first name, Capulong last name. THE COURT: The Doubletree guy. Other than that, Page 2807 1 everybody is ready to proceed? 2 COURT OFFICER: 3 MS. ILLUZZI: 4 THE COURT: 5 Is the jury here? We are checking. It is C. A. P. U. L. O. N. G. Attorneys, step up. Tell me the likely order of witnesses in the next day or two or three. 6 ( Conversation held off the record). 7 THE COURT: All right, the jury is here. 8 Attorneys, and let me just ask, I would ask permission from 9 the defense to read the Molineaux for Jessica Mann, the 10 curative instructions unless you specifically object to me 11 doing that. 12 MS. ROTUNNO: 13 THE COURT: No objection. So this is what we went over, that 14 seems like a long time ago now, but at some point during 15 her testimony or even before, so I'll read this and then 16 ask the People to call their next witness. 17 entering. Jury is 18 COURT OFFICER: 19 ( Jury enters courtroom). 20 THE CLERK: All jurors are present and properly 22 THE COURT: Okay People? 23 MS. ILLUZZI: Yes. 24 MS. ROTUNNO: Yes. 25 THE COURT: 21 Jury entering. seated. Welcome back jurors. Thank you for Page 2808 1 your timeliness and being so prompt all the time. 2 an even bigger difference than you might perceive. 3 Let me give you some instructions. It makes I think I said 4 a couple of days ago I would be giving you instructions of 5 this nature with increasing frequency from that time 6 forward, so let me instruct you as follows: 7 You have heard evidence from Jessica Mann that the 8 defendant had interactions of a sexual nature with Ms. Mann 9 prior to and after the crimes charged in this case. 10 This evidence regarding these interactions was not 11 offered, and must not be considered for the purpose of 12 proving that the defendant had the propensity or 13 predisposition to commit the crimes regarding Ms. Mann. 14 It was offered as evidence for your consideration 15 on the question of whether the defendant intended to 16 forcibly compel Ms. Mann to engage in the sexual acts and 17 whether Ms. Mann consented to those sexual acts. 18 19 You have also heard evidence from Ms. Mann regarding the defendant's behavior towards others. 20 Again, this evidence was not offered, and must not 21 be considered for the purpose of proving that the defendant 22 had a propensity to commit the crimes charged in this case. 23 It was offered for the limited purpose of 24 explaining Ms. Mann's delay in reporting the sexual 25 assaults and to show her state of mind. Page 2809 1 If you find this evidence believable, you may 2 consider it for these limited purposes and for no other; 3 and I will read you either exactly that or something 4 similar to that in conjunction with other charges of that 5 nature in the final instructions. 6 instructions of this nature during the course of the trial. And I will give you 7 People, call your next witness. 8 MS. ILLUZZI: 9 COURT OFFICER: People call Rothschild Capulong. Witness entering. 10 ( Witness enters courtroom and is sworn in). 11 COURT OFFICER: 12 chair up. 13 for the record. 14 A 15 16 17 Pull your State your full name, spelling your last name Rothschild Capulong, C. A. P. U. L. O. N. G. COURT OFFICER: A Have a seat please. County of residence? Queens, New York. THE COURT: All right, good morning sir. Please 18 listen carefully to the questions from the ADA and answer 19 her questions to the best of your ability. 20 Please answer them loudly, clearly, and slowly. 21 Please give full and complete responses to all her 22 questions and try not to volunteer information beyond her 23 specific questioned area. 24 25 On cross examination, it is very likely that Ms. Rotunno is going to ask you questions also. If and when Page 2810 1 she chooses to do so, give to her the same courtesy you're 2 about to give to the District Attorney, and if you are 3 comfortable responding to either attorney's questions 4 directly to the jury itself, please feel free to do that, 5 otherwise respond to whomever is asking you questions at 6 any given time. 7 If and when you're asked to handle any exhibits or 8 items in evidence, you may do that upon the request of 9 either attorney without further permission from the Court. 10 Speak directly into the mic, keep your voice up, 11 please inquire. 12 DIRECT EXAMINATION 13 BY MS. ILLUZZI: 14 Q Good morning Mr. Capulong. 15 A Good morning. 16 Q Could you tell the jury what your occupation is 17 currently? 18 A I am in IT. 19 Q For what kind of a place? 20 A For a retail company. 21 Q What does the retail company sell? 22 A Shoes. 23 Q Where is that located, that retail company? 24 A In Fresh Meadows, Queens. 25 Q You live in Queens as well? Page 2811 1 A Yes. 2 Q You have children? 3 A Yes I do. 4 Q Tell us, Mr. Capulong, tell us something about your 5 background. Where you have been living and whether or not you 6 had military time or what have you. 7 MS. ROTUNNO: 8 THE COURT: 9 MS. ILLUZZI: 10 THE COURT: Objection relevance. Sustained to all that. I ask to approach. Ask the next question. 11 Q Mr. Capulong, did you serve some time in the military? 12 A Yes I did, I was a former Navy -- 13 MS. ROTUNNO: 14 THE COURT: 15 16 Q Objection relevance. Overruled, move on. At some point sir, did you work in the Doubletree Hotel in Manhattan? 17 A Yes I did. 18 Q Is that on Lexington Avenue? 19 A Yes. 20 Q How long did you work there? 21 A Six years. 22 Q What was your job there? 23 A Overnight manager. 24 Q Can you explain to the jury what the job of the 25 overnight manager is? Page 2812 1 A 2 eight a.m. 3 Q 4 5 Basically I am in charge of the hotel from 11 p.m until And in being in charge of the hotel, what are some of your duties? A I deal with guest problems or any problems of the 6 hotel. 7 the hotel. 8 Q 9 10 And I also do the admin work and the financial work of I'm going to ask you to speak louder or just speak right into the microphone, the acoustics here are not that great. 11 A Okay. 12 Q As overnight manager, did you always get to leave at 13 eight o'clock in the morning? 14 A No I did not. 15 Q Why not? 16 A It is usually because of short staffing or my relief is 17 18 19 running late. Q When there was short staffing, where else in the hotel did you work? 20 A At the front desk. 21 Q Doing what? 22 A Usually checking in people or checking out people. 23 Q I'm going to direct your attention now to March 18th of 24 2013. 25 A Do you recall that day? Yes I do. Page 2813 1 2 Q Were you the overnight manager from midnight to 8:00 in the morning on that day? 3 A Yes. 4 Q Did you leave at eight o'clock in the morning? 5 A No I did not. 6 Q Why not? 7 A My relief was running late and there was short staffing 8 as well. 9 Q What did you do after eight in the morning? 10 A I was basically checking out or checking in people. 11 Q That is at the front desk? 12 A Yes. 13 Q Sir, I'm going to show you two photographs which have 14 been marked in evidence as People's Exhibit first Nine, I'm 15 going to ask you to look at that photograph. 16 that photograph? Do you recognize 17 A Yes, I do. 18 Q What do you recognize it to be? 19 A That is the main entrance of the Doubletree Hotel. 20 Q That is the Doubletree Hotel where you worked? 21 A Yes. 22 Q That is on Lexington Avenue here in Manhattan? 23 A Yes it is. 24 Q I'm going to show you another photograph also marked in 25 evidence as People's Number 107. Page 2814 1 2 3 4 5 Could you tell us what that is a photograph of? A That is the main lobby of the hotel, the Doubletree Hotel. Q Does it fairly and accurately represent how the main lobby looked in 2013? 6 A Yes. 7 Q So, I'm going to come up to the exhibit and ask you 8 some questions about that. 9 I'm going to ask you to direct yourself to this desk in 10 the foreground or the back of the photograph. 11 desk? 12 A Yes it is. 13 Q Is that where you would be checking people in? 14 A Yes. 15 Q Is that where you were standing after eight o'clock? 16 17 MS. ROTUNNO: Q 20 MS. ROTUNNO: A Yes. THE COURT: Q Sustained. Where were you standing on March 18th of 2013? 23 THE COURT: 24 MS. ILLUZZI: 25 Objection to the leading, she's testifying for the witness. 21 22 Leading. March 18th? 18 19 Is that the front up? Can you resume your -Would you mind if the witness got Page 2815 1 THE COURT: 2 3 Q The witness going there is fine. If you can go back there and show us where you were standing on March 18th of 2013 checking people in? 4 A I was right here. 5 Q Indicating on the right-hand side, the left-hand side 6 of the photograph at a desk there. 7 A Yes. 8 Q I'm going to direct your attention now to approximately 9 10:30 in the morning. Where were you at that time? 10 A I was still in the same spot. 11 Q What were you doing? 12 A I was checking in. 13 Q Did you have an opportunity to check-in a person at 14 10:30 in the morning? 15 A Yes. 16 Q I'm going to show you a document, three page document 17 which we marked for identification as People's Exhibit Number 18 78. 19 ( Handed to witness). 20 Q 21 that is? 22 A 23 The first page is actually a folio, check-out folio of which the guest receives after checking out. 24 25 Take a look at that sir, can you tell the jury what MS. ROTUNNO: Q I cannot hear. You have to talk a little louder. Page 2816 1 THE COURT: If you could repeat that loudly and 2 clearly into the microphone. 3 A 4 The first page is actually a checkout folio which the guest receives after checking out. 5 Q Is that put in the system when a guest checks out? 6 A Yes. 7 Q Continue. 8 A The second page is actually a screen shot of the system 9 that we use for checking in people or checking out people. 10 Q Okay. 11 A The third page is the same thing. 12 Q Does that three page packet represent the reservation, 13 the check-in an check-out of the person that you checked in at 14 approximately 10:30 in the morning? 15 A Yes. 16 Q How do you recognize it? 17 A Um, on the first page it has my initials on it, RCAP 18 which indicates I was the one who processed the checking in part 19 and then -- 20 21 THE COURT: A 22 24 25 And that would be it. THE COURT: 23 Keep your voice up. Repeat that loudly and clearly into the microphone. A The first page is, actually my initials are on it, RCAP, that means I was the one who checked in the guest. Page 2817 1 2 Q Have you seen check-in and reservation information like this before at the Doubletree? 3 A Yes. 4 Q Are these records kept in the regular course of 5 business? 6 A Yes. 7 Q Is it the regular course of business of the Doubletree 8 9 to keep these records and to keep them accurately? A Yes. 10 MS. ILLUZZI: I ask at this time for that three 11 page document to be put into evidence as People's Exhibit 12 Number 78. 13 THE COURT: 14 MS. ROTUNNO: 15 THE COURT: 16 Any objection? Was the photos, were they already received into evidence? 17 MS. HAST: 18 THE COURT: 19 MS. ILLUZZI: 20 Q 21 check-in? 22 A 23 No objection. Yes. That was 107 and Nine? Yes. Mr. Capulong, can you tell us what you recall of this From what I recall, it was a person that used a pseudo name to check-in. 24 Q What was the pseudo name the person was using? 25 A It was Max Poster. Page 2818 1 Q 2 that time? 3 A No I have not. 4 Q Was there some indication that that Max Poster was not 5 6 Had you ever seen this person in the hotel prior to this person's actual name? A Yes. On the comments section it states that another 7 person might be picking up the key, and also you go to the next 8 page where the hidden notes are, it actually states who that 9 person is. 10 Q Who was the person actually? 11 A Harvey Weinstein. 12 Q Do you think if you saw Mr. Harvey Weinstein again you 13 would recognize him? 14 A Yes. 15 Q Could you point him out for the Court and jury and 16 describe an item of clothing he's wearing today. 17 A He is sitting right there. 18 Q Can you describe something he's wearing today? 19 A Wearing a gray suit and white shirt. 20 MS. ILLUZZI: 21 THE COURT: 22 23 Q Indicating defendant. Very well, next question. In the comments section, it also says celebrity Harvey Weinstein is the actual guest, is that correct? 24 A Yes. 25 Q Can you describe what you recall of Mr. Weinstein about Page 2819 1 check-in? 2 A 3 Mr. Weinstein had an imposing attitude at the time of his check-in. 4 Q Describe it for us please. 5 A Basically he was trying to loom over and trying to rush 6 7 the check-in process. Q So, Mr. Capulong, was Mr. Weinstein, when you saw Mr. 8 Weinstein, did you notice if there was anybody else also around 9 Mr. Weinstein? 10 A Yes, he had a female companion at that time. 11 Q Did you get a good look at the female companion? 12 A I did, but I cannot recall the face. 13 Q Can you describe for the jury any interactions between 14 15 16 Mr. Weinstein and the female companion if you recall? A From what I recall, they weren't on the same page. seems like there was discontent on one of the persons. 17 Q Which person was that? 18 A The female. 19 Q Were you able to actually hear any words that were 20 being spoken? 21 A No. 22 Q When did you first, if you recall, observe there was 23 24 25 It some discontentment? A When they were together, the body language was not -MS. ROTUNNO: Objection. Page 2820 1 2 3 THE COURT: Q Overruled. At that point in 2013, how long had you been working at the Doubletree? 4 A It was a good six years already. 5 Q Had you had the opportunity to observe many guests of 6 the front desk checking in by that time? 7 A Yes. 8 Q Was there something about this check-in that caused you 9 to pay more attention to the people that were in front of you? 10 A Yes, due to the body language of the female companion. 11 Q Did you see them interacting with one another? 12 A Not a lot, no. 13 Q Did they appear to be speaking to one another? 14 MS. ROTUNNO: 15 THE COURT: Objection. Overruled, you can answer. 16 A They were. 17 Q What was it about that and them talking to each other, 18 19 20 21 22 23 24 25 that led you to the conclusion there was some discontent? A Usual, couples checking in are in a happy mood. When they checked in they just weren't. Q Did you at any point attempt to observe more about the female? A No. Mr. Weinstein, like I said, was looming over me so I could not really get a good look. Q Did you try? Page 2821 1 A Yes I did. 2 Q Explain to the jury how you tried? 3 A Well, I tried to tilt my head to get a view. 4 It just Mr. Weinstein was really imposing and looming over me. 5 Q What was his tone of voice to you? 6 A Was more like trying to rush me to check-in and 7 intimidating at some point. 8 MS. ROTUNNO: 9 THE COURT: 10 11 12 13 14 15 16 17 18 19 I missed the last. Repeat that loudly, clearly, you keep drifting off. A He was rushing me on the check-in process, and he was intimidating at some point. Q Mr. Capulong, why would you have even attempted to try to observe more of the situation? A Well, it is always the policy of the hotel to have the guests safety come in first. Q Was there something about this particular check-in that concerned you? A Well yes, because of the -- like I said, I observed the 20 body language of the female companion being discontent, it kind 21 of raised an alarm. 22 23 Q Had you ever seen in your life either Mr. Weinstein or this female to your recollection? 24 A No. 25 Q In the six years you've worked there, was Mr. Weinstein Page 2822 1 a regular guest at the Doubletree? 2 A That is the first time that I saw Mr. Weinstein. 3 Q Can you describe anything you remember about the 4 female? 5 A 6 details. 7 Q Did you complete the check-in? 8 A Yes I did. 9 Q Did you observe Mr. Weinstein and this female then 10 leave the front desk area? 11 12 13 14 I know she was slender and attractive, but no specific A I did, but after they turned into the corner that was Q Before they turned the corner, do you remember whether it. or not they were walking together or apart? 15 A They were walking apart. 16 Q Do you recall who was in front and who was behind? 17 A Mr. Weinstein was guiding or in front of the female. 18 Q At that point in time, Mr. Capulong, did you know who 19 20 21 22 23 Harvey Weinstein was? A After the check-in, yes, I found out from my co-worker who he was. Q Without telling us that conversation, do you know now which co-worker it was? 24 A I could not recall who it was. 25 Q Did there come a point in time you left your shift for Page 2823 1 the day? 2 A Excuse me. 3 Q Did there come a time you left work for that day? 4 A Yes. 5 Q Before you left work every single day, did you fill out 6 some sort of report? 7 A Yes. 8 Q What was that called? 9 A It was called an end of shift report. 10 Q What would generally be in an end of shift report? 11 A Basically it is a report on what transpired during my 12 13 shift. Q Do you recall whether or not you made a notation 14 regarding this particular check-in on your end of shift report 15 that day? 16 A 17 Yes, I specifically wrote that security might want to check Mr. Weinstein at the room. 18 Q How was that end of shift report sent? 19 A Through e-mail. 20 Q Who does it get sent to? 21 A It gets sent to the department heads, basically the 22 general manager all the way down to the security head. 23 Q 24 are read? 25 Do you know daily when it is the end of shift reports MS. ROTUNNO: Objection. Page 2824 1 A Usually -- 2 3 4 THE COURT: A Overruled, continue. It is usually read just right after I send out the e-mail. 5 MS. ROTUNNO: 6 somebody else reads a message. Objection, how does he know when 7 Q Is that your understanding? 8 A Yes it is. 9 THE COURT: Overruled. 10 Q Who is Hector Castillo? 11 A He is the director of security. 12 Q Was he the director of security back in 2013? 13 A I cannot recall. 14 Q To your recollection, did you ever see Mr. Weinstein 15 again in the hotel from that day to the day that you stopped 16 working there? 17 A No. 18 Q Why did you leave the hotel? 19 A Basically wanted to spend time more with my family. 20 Q It was an overnight shift? 21 A Yes. 22 Q It was difficult? 23 A Yes. 24 MS. ILLUZZI: 25 THE COURT: Nothing further. Any cross examination? Page 2825 1 MS. ROTUNNO: 2 CROSS EXAMINATION 3 BY MS. ROTUNNO: 4 5 Q Yes. The Doubletree Hotel you worked at in Manhattan is a busy property, correct? 6 A Yes. 7 Q A busy area? 8 A Yes. 9 Q That lobby is constantly packed with people, would that 10 be fair to say? 11 A Yes. 12 Q In and out. 13 A Yes. 14 Q And you have a recollection of March 18th of 2013, is 15 The street it is on is a busy street? that correct? 16 A Yes. 17 Q And this recollection came to you after prosecutors 18 from the District Attorney's Office came to speak to you, would 19 that be fair to say? 20 A Yes. 21 Q And it came to you because they told you why they were 22 coming, correct? 23 A Yes. 24 Q They told you they were coming because somebody made a 25 claim and implicated Mr. Weinstein, isn't that right? Page 2826 1 A Yes. 2 Q And they told you that it was important for you to 3 4 5 6 7 remember some distress, would that be fair to say? A I would say they just told me to remember what transpired on that day. Q They wanted you to remember there was some distress, isn't that right? 8 A I wouldn't say that. 9 Q Well, let me ask you this, you didn't see Mr. Weinstein 10 approach the counter with anyone, is that correct? 11 A They were side by side, so -- 12 Q She walked up with him at the same exact time? 13 A I wouldn't recall if they walked at the same time, but 14 15 16 they were side by side. Q And when he started to talk to you, initially was she with him at that point? 17 A No, she was behind him. 18 Q So, but she approached with him, is that your 19 testimony? 20 A 21 check-in. 22 Q They were both in line together? 23 A Yes. 24 Q How many people were ahead of them in line? 25 A There was one person ahead. They were standing in line, there was a line to Page 2827 1 Q How many people were behind them? 2 A I would not recall. 3 Q And check-in process at a hotel takes two to three 4 minutes, would that be fair to say? 5 A It really depends. 6 Q In this case the reservation was already made? 7 A Yes. 8 Q It was made by a travel company? 9 A I would say so, yes. 10 Q You looked at the record, right? 11 A It was input with the sales department. 12 Q It was not made by Mr. Weinstein with Mr. Weinstein's 13 address on it, correct? 14 A No. 15 Q And in that record that the State showed you, it showed 16 that there was another name that might be picking up a key? 17 A Yes. 18 Q And that name was, that name was A. S. A. N first 19 name. 20 A Yes. 21 Q And you have no idea if that was the person standing 22 Last name K. H. A. I. R. V. A. D. A, correct? with Mr. Weinstein, do you? 23 A No. 24 Q And you didn't ask the person that was with Mr. 25 Weinstein her name? Page 2828 1 A No. 2 Q And the only thing you remember about her is she was 3 petite and attractive, correct? 4 A Slender and attractive. 5 Q Sorry? 6 A Slender and attractive, yes. 7 Q Do you remember how tall she was in relation to Mr. 8 Weinstein? 9 A Shorter than Mr. Weinstein. 10 Q How much shorter? 11 A That I don't have specifics. 12 Q And, you said that you didn't get a good look at her 13 because of the positioning of Mr. Weinstein, right? 14 A Yes. 15 Q You said he was, you used the word imposing over you? 16 A Yes. 17 Q You were behind a desk? 18 A Yes. 19 Q And that desk is the desk shown in the photograph that 20 the State showed you before? 21 A It was a little bit lower, that has been modified. 22 Q So, that entire lobby of the photo you saw has been 23 renovated since 2013? 24 A Yes. 25 Q The lobby we saw is not at all what that lobby looked Page 2829 1 like on March 18th of 2013? 2 A Yes, it is a similar look. 3 Q Sorry? 4 A It is a similar look. 5 Q But redone? 6 A Yes. 7 Q You stated the desk was a little bit lower, but it was 8 still as wide, correct? 9 A I would say so, yes. 10 Q A hotel check-in desk is fairly wide, would that be 11 fair to say, deep? 12 A I would say so, yes. 13 Q He was on one side of the desk? 14 A Yes. 15 Q You were on the other? 16 A Yes. 17 Q Again, this interaction was quick? 18 A Yes. 19 Q And you stated that you sensed some body language? 20 A Yes. 21 Q Describe that? 22 A Well, the body language usually like I said. 23 Q I cannot hear you. 24 A When couples check-in, they are usually in a happy 25 mood. Page 2830 1 Q I'm not asking about couples, the body language you 3 A There was no laughing or smiling. 4 Q That was the body language? 5 A Yes. 6 Q It would be fair that not every couple that checks into 2 7 saw. a hotel is happy, correct? 8 A Yes. 9 Q It would be fair when you are traveling from maybe 10 Laguardia or JFK or Newark, you might be annoyed by the time you 11 get to New York? 12 13 MS. ILLUZZI: A Objection. Yes. 14 THE COURT: Overruled, answer stands. 15 A Yes. 16 Q Might be fair by the time you get to one the hotels, 17 you might be a little annoyed by the traffic it took to get 18 there, correct? 19 A Yes. 20 Q Sometimes people come with children and they are 21 running around and people are aggravated? 22 A Yes. 23 Q So, it is not really fair to say that most people 24 25 checking in are happy, correct? A Yes. Page 2831 1 2 Q And so, the only thing you saw that you say today drew your attention was the fact they weren't smiling and happy? 3 A Well, the facial -- of the female companion. 4 Q You just told us you could not see her face because he 5 6 7 8 9 10 was in your way. A No, I saw him before the check-in, there was one person checking in before them. Q You want this jury to believe on March 18th of 2013 when you did not know who Mr. Weinstein was, that you noticed the people that were second in line? 11 MS. ILLUZZI: 12 THE COURT: Objection. Overruled. 13 A Yes. 14 Q And, you stated that at some point they walked away, 15 right? 16 A After check-in, yes. 17 Q That was again two, three minutes maybe? 18 A I would say. 19 Q You already had the credit card information -- 20 A Yes. 21 Q Already taken care of? 22 A Yes. 23 Q And you handed him a key? 24 A Yes. 25 Q You did not not hand him a key, right? You did not Page 2832 1 hand him a key? 2 A I handed a key. 3 Q The woman never said why are you checking in, why are 4 you getting a hotel, did she? 5 A No. 6 Q You never heard those words? 7 A No. 8 Q She never looked at you with her eyes? 9 A Not that I recall. 10 Q Because you could not see her face? 11 A Yes. 12 Q You could not even identify her with a photograph, 13 correct? 14 A No. 15 Q And then they walked away? 16 A Yes. 17 Q You stated that the gentleman who you say was Mr. 18 Weinstein was ahead of her? 19 A Yes. 20 Q You never saw him put his hand on her? 21 A No. 22 Q You never saw her put her hand on him? 23 A No. 24 Q You never saw him guide her and pull her away? 25 A No. Page 2833 1 Q You never saw him put his hand on her arm? 2 A No. 3 Q She followed him? 4 A Yes. 5 Q She walked, did you see where? 6 A Around the corner. 7 Q Didn't see anything after that? 8 A No. 9 Q You did not send anyone up to the room immediately, did 11 A No. 12 Q And you say that you filled out an end of shift report? 13 A Yes. 14 Q And you don't have that report like the other reports 10 15 you? that you had, right? 16 A No. 17 Q And you weren't able to look at that report when the 18 Government came to see you, right? 19 A No. 20 Q Because that report does not exist anymore, right? 21 A Yes. 22 Q That was in e-mail form? 23 A Yes. 24 Q There is no record of that e-mail? 25 A That is what they said, no. Page 2834 1 Q You never met Mr. Weinstein? 2 A No. 3 Q You never met the woman you cannot identify? 4 A No. 5 Q You have no idea what the dynamic was between him and 6 whoever that woman may have been? 7 A No. 8 Q And when the People came to see you, lawyers here or 9 other lawyers from the District Attorney's Office, they told you 10 before they started talking to you, there was a claim of a 11 sexual assault in your hotel, isn't that right? 12 A I believe so, I cannot really completely -- 13 Q They told you that before you had this memory of body 14 15 language, would that be fair to say? A I would assume so, yes. 16 MS. ROTUNNO: 17 THE COURT: 18 MS. ILLUZZI: 19 REDIRECT EXAMINATION 20 BY MS. ILLUZZI: 21 Q I have nothing further. Any redirect. Yes. Mr. Capulong, do you remember whether or not we told 22 you that there was a claim of sexual assault in your hotel 23 before we asked you about the reservation? 24 A Not to my recollection. 25 Q So, when Ms. Rotunno asked you what you were told Page 2835 1 before you had your recollection, you don't recall whether or 2 not we said there was a sexual assault in your hotel, do you? 3 MS. ROTUNNO: 4 Objection, she's misstating the testimony, he answered it. 5 THE COURT: Overruled. 6 A No. 7 Q And in fact, it was an investigator who saw you first, 8 right? 9 A Yes. 10 Q The prosecutors did not come to see you until 11 afterward, is that correct? 12 A Yes. 13 Q And Ms. Rotunno asked you about your memory. Have you 14 stated anything here to the jury that isn't actually your 15 memory? 16 17 MS. ROTUNNO: A No. 18 19 20 THE COURT: Q Objection. Overruled. Anything unusual about this check-in that made you remember it these years later? 21 A Yes. 22 Q What was the unusual factor that made you remember this 23 years later? 24 A It was just the discontent part of being a couple. 25 Q Now, Ms. Rotunno, sorry, Ms. Rotunno asked you about Page 2836 1 whether or not you dispatched somebody immediately to the room, 2 is that correct, do you recall that question? 3 A Yes. 4 Q What was the protocol of the Doubletree that would have 5 prompted you to send somebody immediately to the room? 6 A If there is, if I sense an immediate danger. 7 Q And in your mind, it was not an immediate danger, is 8 that correct? 9 A Yes. 10 Q In your mind, it was something different; is that 11 right? 12 A Yes. 13 Q What was that different thing it was? 14 A Just more of a safety reason. 15 Q For who, the man or the woman? 16 A The female. 17 Q Now, you indicated to Ms. Rotunno that when you first 18 observed these two people, there was still somebody ahead of 19 you, is that correct? 20 A Yes. 21 Q Did you observe the man and the woman interacting with 22 each other before they came up to the desk? 23 A Yes, they were talking. 24 Q Is it at that point that the female looks unhappy? 25 A Yes. Page 2837 1 2 Q Ms. Rotunno asked you about other people who come in from airport or travel what have you. 3 Was there something different about this check-in than 4 people who are tired when they check-in or had a long journey or 5 what have you? 6 A Yes. 7 Q What was the difference? 8 A They don't look exhausted like normal travelers. 9 Q So, people that you check-in, Mr. Weinstein and this 10 11 female, did not look exhausted to you, is that correct? A Yes, from my observation. 12 MS. ROTUNNO: 13 THE COURT: 14 Q Objection. Overruled. Ms. Rotunno asked you if we told you what you 15 remembered. Did we tell you what you remembered or did we ask 16 you what you remembered? 17 A You asked. 18 Q Did anybody in the prosecution ever suggest to you what 19 you remembered about this check-in? 20 A No. 21 Q What was the only instructions you had taking the 22 stand? 23 A To tell the truth. 24 Q Ms. Rotunno asked you about the differences in the 25 hotel lobby. Page 2838 1 Can you pull that up again. I think this is People's 2 Exhibit Number 107. What is different about the hotel lobby in 3 this picture than it was in 2013 when you checked these people 4 in? 5 A I see the furniture as being different. 6 Q Anything else? 7 A The desk seems different. 8 Q In what way? 9 A Seems a little bit higher. 10 Q Aside from the desks, you mean the front desk? 11 A Yes. 12 Q Aside from the front desk being a little higher in this 13 photograph, do you note any other differences in the photograph 14 and the configuration of the lobby than you did in 2013? 15 A No. 16 Q Can you point out for the jury what the corner, around 17 the corner that you were talking about when Ms. Rotunno asked 18 you the question around the corner. 19 20 21 22 A 25 After checking in, usually the guest will go this way, make a left to go to the elevators. Q Indicating around a column on the right hand side of this photograph, your Honor. 23 24 Sure. What is around that corner, what exists around that corner at the Doubletree? A There is a convenience store on the left-hand side, Page 2839 1 then on the right-hand side will be another corner which the 2 elevators are located. 3 Q And it is true, is it not, that you don't know what 4 happened and what proximity the female was to the male once they 5 turned the corner, is that correct? 6 A Yes. 7 MS. ILLUZZI: 8 THE COURT: 9 MS. ROTUNNO: 10 RECROSS EXAMINATION 11 BY MS. ROTUNNO: 12 Q Nothing further. Anything else, Ms. Rotunno? Yes. So, when these investigators showed up at the hotel, 13 they just said tell us what happened on March 18th of 2013, that 14 is it? They did not tell you why they were there? 15 A They didn't tell me the specifics right away. 16 Q They told you they were there to investigate a claim of 17 sexual assault in your hotel against Harvey Weinstein, correct? 18 A I would say so, I cannot really remember. 19 Q They just didn't drop in and say hey, tell us about 20 March 18th of 2013? 21 A No, they showed me the paperwork. 22 Q Showed you? 23 A The paperwork, the evidence. 24 Q Showed you the evidence. 25 And then this picture we are looking at now, the front door of this hotel is where in Page 2840 1 relation to the photograph that we are looking at? 2 A Behind. 3 Q Can you get up and show us. 4 A Sure, basically you are entering this way, this is the 5 6 front when you enter the front door this is what you see. Q So, in your words, Mr. Weinstein goes straight to the 7 right side of the photograph, then makes a left. 8 continued to walk, the person walking behind him could have made 9 a right and walked right out of the front door, correct? 10 MS. ILLUZZI: 11 THE COURT: 12 13 Q Had he Objection Judge. Overruled if you understand. So, you stated to the jury that after checking in right here, correct? 14 A Yes. 15 Q Mr. Weinstein walked this way? 16 A Yes. 17 Q Then made a left? 18 A Yes. 19 Q But the front door is this way? 20 A This way, yes. 21 Q Indicating in front of the photograph? 22 A Yes. 23 Q You claim the woman followed after him, correct? 24 MS. ILLUZZI: 25 THE COURT: Objection Judge. Overruled. Page 2841 1 Q You claim the woman followed him as he went that way? 2 A Yes. 3 Q Straight down and made a left? 4 A Yes. 5 Q But she could have gone to the right and walked right 6 out the front door if she wanted to, correct? 7 A Yes. 8 Q Did you see her with any luggage? 9 A I cannot recall. 10 Q You think that would have been odd if you thought 11 something was strange about a situation, if you look to see if 12 somebody actually had a bag? 13 A It was a one day check-in, so. 14 Q That was March in New York, cold, right? 15 A Yes. 16 Q Did she have a coat on? 17 A Not to my recollection. 18 Q Did you know she was staying in your hotel the night 19 before? 20 A No. 21 Q And when you saw this, what you said was so strange 22 and, sorry, you used the word discontent, saw there was 23 discontent because they were not smiling or laughing? 24 A Yes. 25 Q How many other times did you send an end of shift Page 2842 1 2 report because someone was not smiling or laughing? A Not to my recollection. 3 MS. ROTUNNO: 4 RE REDIRECT EXAMINATION 5 BY MS. ILLUZZI: Nothing further. 6 Q Is that why you remember it? 7 A Yes. 8 Q Ms. Rotunno asked you about whether or not the woman 9 had a coat on, do you recall that question? 10 A Yes. 11 Q And do you recall whether or not Mr. Weinstein had a 12 coat on? 13 A No. 14 Q You don't recall or he didn't? 15 A I don't recall. 16 Q Does everybody who comes into the hotel, even if it is 17 springtime -- 18 MS. ROTUNNO: 19 THE COURT: 20 21 22 Q Objection to what everyone does. Sustained Is it unusual for people coming into the hotel in springtime to have coats or not have coats? A No. 23 MS. ROTUNNO: 24 THE COURT: 25 MS. ILLUZZI: Objection. Sustained, stricken. Nothing further. Page 2843 1 THE COURT: 2 step down. 3 witness. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Thank you for your testimony, you may You are excused. People, call your next ( Continued on next page). Page 2844 1 (Continued from the previous page.) 2 MS. ILLUZZI: 3 Before we call the next witness we would like to 4 One moment, Judge. put two documents in. 5 Your Honor, at this time we have two documents 6 that we have marked as People's Exhibit Number 204 and 7 233 -- I am sorry, 204 and 233. 8 take that back. 9 I am sorry. I am sorry, I Two documents, one is marked 233 and the other is 10 marked 234 and we ask them to be marked in evidence as 233 11 and 234 respectively. 12 THE COURT: 13 You asked them to be marked. 14 MS. ILLUZZI: 15 THE COURT: 16 Any objection? 17 MS. ROTUNNO: 18 THE COURT: 19 evidence. 20 previously. 21 22 23 24 25 Okay. You are admitting them? Marked into evidence. Moved into evidence. No objection. 233 and 234 are received into This is by the same kind of stipulation as Just state for the record what 233 and 234 are, respectively, in general. MS. ILLUZZI: They are documents from the Weinstein Company, Judge. (Published to the jury.) Page 2845 1 MS. HAST: 2 MS. ILLUZZI: 3 THE COURT: 4 MS. ILLUZZI: 5 COURT OFFICER: 6 Okay. May we call our next witness? Call your next witness. Hector Castillo. Witness entering. (Witness entered the courtroom.) 7 COURT OFFICER: Remain standing. 8 right hand and face the Clerk. 9 THE CLERK: Raise your Sir, do you solemnly swear or affirm 10 that any testimony you give to this Court and Jury will be 11 the truth, the whole truth and nothing but the truth, do 12 you so swear or affirm? 13 THE WITNESS: 14 THE CLERK: I do. Thank you. 15 H E C T O R 16 called as a witness on behalf of the People, being first duly 17 sworn by the Clerk of the Court, was examined and testified as 18 follows: 19 20 C A S T I L L O, COURT OFFICER: Have a seat. Pull your chair up close. 21 State your full name and spell your last name. 22 THE WITNESS: 23 COURT OFFICER: 24 THE WITNESS: 25 THE COURT: Hector Castillo, CASTILLO. Give your county of residence. Union City, New Jersey. All right. Good morning. Page 2846 1 Please listen carefully to the questions from the 2 Assistant District Attorney and answer her questions to the 3 best of your ability. 4 and slowly. 5 of her questions but try not to volunteer any information 6 that goes beyond her specific question area. 7 Please answer them loudly, clearly Please give full and complete responses to all On cross-examination it's perfectly likely that 8 Ms. Rotunno will ask you questions also. 9 to do so, please give to her the same courtesy that you are 10 Should she choose about to give to the District Attorney. 11 And if you are comfortable responding to either 12 attorney's questions, directly to the jury itself, please 13 feel free to do that, otherwise, just respond to whomever 14 is asking you questions at any given time. 15 And if and when you are asked to handle and view 16 any exhibits or any items in evidence, you may do that upon 17 the request from either attorney without further permission 18 from the Court, okay? 19 THE WITNESS: 20 THE COURT: 21 Yes, sir. Just try to speak right directly, loudly and clearly into the microphone. 22 Please inquire. 23 MS. ILLUZZI: 24 25 DIRECT EXAMINATION Thank you. Page 2847 1 BY MS. ILLUZZI: 2 Q Good morning. 3 A Good morning. 4 Q Can you tell the members of the Grand Jury your 5 occupation? 6 THE COURT: Jury. 7 A Director of security. 8 Q Where are you the head security? 9 A Doubletree Metropolitan Hotel. 10 Q Where is that located? 11 A Fifty-one and Lexington Avenue. 12 Q I am going to show you two photographs, sir, that have 13 already been marked in evidence. 14 Number 109 and the other is People's Exhibit 107. 15 16 One is People's Exhibit Can you look at People's Exhibit 109 and tell us what it is? 17 A That is the main entrance to the hotel. 18 Q And that's the one on Lexington Avenue? 19 A Correct. 20 Q How long have you worked there? 21 A Seven years now. 22 Q Have you been the head of security for seven years? 23 A Yes, ma'am. 24 Q The next one, looking at People's 107, does that look 25 familiar to you? Page 2848 1 A It's the lobby. 2 Q Okay. 3 A Yes, 2012. 4 Q Does the lobby look about the same as it does now in 5 And you started this job, approximately, 2012? this photograph as it did then? 6 A Yes. 7 Q Is the furniture exactly the same as it was then? 8 A Yes. 9 Q Okay. 10 11 is where people check in in that hotel? A It's directly right in front. 12 13 So can you show the jury where the front desk MS. ROTUNNO: Judge, can he stand up and point to what he is saying? 14 THE COURT: 15 THE WITNESS: 16 or the entry of the front desk. 17 Q So that's to the left as well as to the front? 18 A Correct. 19 Q You may sit down. 20 Okay. This will be the front of the hotel Thank you so much. Do you know a man named Rothschild Capalongo? 21 A Yes. 22 Q How do you know that man? 23 A He worked at the hotel. 24 Q Do you remember, approximately, how long he worked at 25 the hotel? Page 2849 1 A I don't remember exactly how long. 2 Q Do you remember whether or not he worked for the hotel 4 A He doesn't work now, no. 5 Q I am going to direct your attention to 2013. 3 now? 6 7 8 9 10 11 12 Can you tell the Members of the Jury, what an end of shift report was or is at this time? A End of shift report has a compilation of events that have taken place the day of the incidents or, um, any compensations or anything is put on to this report. Q Was Mr. Capalongo the nighttime manager in 2013, to your knowledge? 13 A Yes. 14 Q Did the nighttime manager sometimes have to stay late 15 on their shift and do other jobs? 16 A Yes. 17 Q And would one of those jobs be the front desk? 18 A Yes. 19 Q I am going to show you an exhibit which had been 20 previously marked in evidence as People's Exhibit Number 78. 21 Do you recognize that? 22 A Yes. 23 Q Could you tell the jury what it is? 24 A The first page is the folio and the second and third 25 pages are the information taken from the computer that shows Page 2850 1 2 guest information. Q Do all three of those pieces of paper represent what 3 is kept at the Doubletree with regards to a reservation both 4 check in and checkout for any particular guest? 5 A Yes. 6 Q And directing your attention to the second page, would 7 that be the check in? 8 A Yes. 9 Q Okay. 10 This is all generated upon check in. And do you see the name of the guest there? What is the name of the guest? 11 A Max Poster. 12 Q Does some where they have a comment section on the 13 second page? 14 A Comment would be done on the bottom right-hand side. 15 Q And I am going to just highlight that. 16 A Yes. 17 Q Okay. 18 A It says, credit card on file for all. 19 Q No, I am sorry. 20 A Celebrity, yes. 21 Q And that's Harvey Weinstein? 22 A Yes. 23 Q Was there any occasions when celebrities or any other And do you see that second notation? The third notation. 24 high profile people or anybody checked into the hotel under 25 pseudo names? Page 2851 1 A Yes. 2 Q Did it happen a lot? 3 A I am not aware of that, no. 4 Q Were you familiar with the regular guests at the 5 Doubletree? 6 MS. ROTUNNO: 7 THE COURT: 8 9 Q Objection. Sustained. Do you know whether or not Harvey Weinstein was a regular guest at the Doubletree? 10 A I wouldn't know. 11 Q Did there come a point in time, Mr. Castillo, when as I didn't know. 12 the head of security The People of the State of New York asked 13 you to look to determine whether or not there was the end of 14 shift report that would have been generated by Mr. Capalongo 15 for March 18th of 2018? 16 A Say that again. 17 Q Did there come a time when we asked you to find the 18 end of shift report that was generated by Mr. Capalongo for 19 March 18th of 2013? 20 A Yes. 21 Q And did you find it? 22 A No. 23 Q Why not? 24 A It was a time, I believe it was in 2014, where we had 25 a computer refresh. What a computer refresh is, all the Page 2852 1 computers, the old computers, are taken out and new computers 2 are brought in. 3 this information might have been either deleted or thrown out. 4 5 Q Okay. Did the executive management of the Doubletree determine that the information no longer exists? 6 7 And I believe during that time period is where MS. ROTUNNO: Q If you know. 8 MS. ROTUNNO: 9 THE COURT: 10 Objection. Objection. It calls for a hearsay. Sustained. BY MS. ILLUZZI: 11 Q Have you have looked for it? 12 A Yes. 13 Q Have you asked other people to look for it? 14 A Yes. 15 Q Did you find it? 16 A No. 17 Q So when an end of shift report is generated on an 18 overnight shift, who does it go to? 19 A It goes out into a general email to all managers. 20 Q And does that include security as well? 21 A It does. 22 Q When are those end of shift reports reviewed? 23 A The following day. So when a report is generated, say 24 midnight of or the hours up to the next morning when we come 25 in, we review them. Page 2853 1 2 Q And if there is some action to be taken would it then be taken after its reviewed? 3 A As soon as we have knowledge of, yes. 4 Q What was the policy of the Doubletree in 2013 with 5 regards to whether or not security would be called immediately 6 in the lobby of the hotel? 7 8 A It's pretty much standard policy whenever there is a situation security gets called into it. 9 Q Would security be called for an argument between 10 people that didn't escalate to either a lot of loudness or any 11 sort of physical confrontation. 12 MS. ROTUNNO: 13 THE COURT: Objection. Calls for speculation. Sustained. 14 Q Well, you are the head of security, right? 15 A Yes. 16 Q What kind of events were you called to for the lobby 17 of the hotel? 18 A 19 arguments. 20 property. 21 22 Whenever there are Whenever there is someone that doesn't belong on So it could be a number of things, a guest gets locked out. 23 Q 24 argument? 25 Whenever there is confrontation. Have you ever been called for a couple just having an MS. ROTUNNO: Objection. Page 2854 1 THE COURT: 2 3 Q Sustained. Can you look at, again, the first page of the document I handed you. 4 It's electronic. 5 This first page, can you tell us what the first page 6 7 is? We got it. Thank you. What information it has? A A copy of the folio just indicates the expenses, if 8 any expenses were incurred, check in, checkout time; the 9 agency's name or person's name; on some of them if they have a 10 11 12 13 14 15 16 Hilton Honors number. Q Okay. Now, directing your attention to the check in and checkout time, would you tell the jury what that was? A 03/18, 10:31 a.m. and that was the check in time. checkout time was 3/19/2013, 3:14 p.m. Q Now, that checkout time, does that necessarily mean that the guest physically left that time? 17 A No. 18 Q How is the checkout time generated? 19 A Checkout times are generated, noon is checkout. 20 Sometimes some guests extend a little beyond but 21 during the process is housekeeping goes into the room. 22 find that a room is vacant, has no luggage, no signs of any 23 personal belongings, at that point, they assume the room is 24 checked out. 25 The They It gets reported to the supervisor. They clean, service the room and then it's -- then at Page 2855 1 one point during the course of the day, it's notified back to 2 the front desk, a room such and such is available for resale. 3 Q Okay. So that checkout time, if you can highlight 4 that again. So is it fair to say that that checkout time, 5 3:14, could be when the maid was servicing the room and 6 realized it was empty? 7 MS. ROTUNNO: 8 THE COURT: 9 10 11 Q in the ways that you have just told the jury? A Yes. MS. ROTUNNO: 13 THE COURT: 15 16 17 Sustained. But the checkout time could be automatically generated 12 14 Objection. Objection to could be. Overruled. BY MS. ILLUZZI: Q Do you have any way of knowing from that checkout time what time this guest actually left? A No. 18 MS. ILLUZZI: 19 THE COURT: 20 MS. ROTUNNO: 21 CROSS-EXAMINATION 22 BY MS. ROTUNNO: Nothing further. Thank you. Any cross-examination? Yes. 23 Q Good morning. 24 A Good morning. 25 Q Just to be clear for the Ladies and Gentlemen of the Page 2856 1 Jury, security was never called in regard to Mr. Weinstein on 2 March 18th of 2013, correct? 3 A That I am aware of, correct. 4 Q And if security had been called, it would probably be 5 in those notes that were shown to you and blown up on the 6 screen, correct? 7 A What they would indicate is if there was a situation. 8 It doesn't necessarily specify at all times that security was 9 called. 10 11 Q And there is nothing indicating that there was any situation, correct? 12 A No. 13 Q And in that section that we saw where you can put 14 notes on the check in screen, the person checking you in can 15 put a note right in that guest profile immediately, correct? 16 A Correct. 17 Q So if there was an issue and Mr. Capalongo was 18 standing at the check in desk, he could have right there in his 19 system put a note, correct? 20 A Yes. 21 Q And there are no notes from what you looked at in the 22 People's Exhibit, correct? 23 A Correct. 24 Q And there is no security footage for March 18, 2013, 25 correct? Page 2857 1 A Correct. 2 Q And nobody asked or Mr. Capalongo did not ask security 3 to pull any footage from that day, correct? 4 A Correct. 5 Q And this end of shift report that you claim is 6 generated every day, that happens and the person generating 7 that knows it's not read until the next day, correct? 8 A Correct. 9 10 MS. ILLUZZI: knows. 11 12 13 Objection to what someone else THE COURT: Q Overruled. Well, you testified that that is a report that's done at the end of a shift, correct? 14 A Correct. 15 Q And then it is read the next day? 16 A Correct. 17 Q So what goes into a report such as that is maybe a 18 summary of different things that happened throughout the day, 19 fair? 20 A Fair. 21 Q And if there was an emergency situation that wouldn't 22 be the place to put it, would that be fair to say? 23 A Correct. 24 Q And if there was a situation where you thought 25 somebody's safety was in question, that wouldn't be the place Page 2858 1 to put it? 2 A Correct. 3 Q And there is no indication in any of the records from 4 the hotel that there was a safety issue with regard to Mr. 5 Weinstein, correct? 6 A Correct. 7 Q You got no calls from any other guests in any other 8 rooms saying that they heard any yelling, correct? 9 A Not to the best of my knowledge, correct. 10 Q No calls about anybody hearing a door slamming, 11 correct? 12 A Correct. 13 Q And no notes in any system about anybody looking and 14 pleading and saying, don't check in, don't let us check in, 15 right? 16 A Correct. 17 Q You had no contact with Mr. Weinstein? 18 A No. 19 Q You had no contact with anybody he may have been in 20 and out of the hotel with? 21 A No. 22 Q And when it comes to the time that he was checked in 23 and checked out you have no idea who stayed in that room the 24 night of March 18th? 25 A Correct. Page 2859 1 Q 2 room? 3 A Correct. 4 Q And nobody ever looked at any security footage to 5 6 And you have no idea what time somebody left that decide, correct? A Correct. 7 MS. ROTUNNO: 8 Nothing else. 9 10 11 12 13 14 15 16 If I can have one second. REDIRECT EXAMINATION BY MS. ILLUZZI: Q Mr. Castillo, at that time the security footage, how long was it maintained? A Footage is maintained about 30 days. The system over writes itself. Q So footage that wasn't preserved or kept in 2013, wouldn't be available now, is that correct? 17 A Correct. 18 Q And Ms. Rotunno asked you about notations in the 19 reservation. The notation in the reservation wouldn't be the 20 only place to have indicated a security concern, correct? 21 A Correct. 22 Q And if the security concern wasn't emergent, would 23 24 25 that be something that would be in an end of shift report? A If it is an emergency, no, it wouldn't be -- well, you would get notified via radio and then at the end of shift it Page 2860 1 2 would be added on. Q Okay, but if it was an emergency. If it was just a 3 concern or something to check in on, would security be called 4 immediately? 5 6 7 8 A Yes. It would be subjective to the individual's perception. Q So if the individual didn't see it as an emergent situation, they wouldn't have called security right away? 9 MS. ROTUNNO: 10 THE COURT: 11 THE WITNESS: 12 13 Objection. Sustained. Correct. BY MS. ILLUZZI: Q Well, you just said that the security or the emergence 14 of a security situation is subjective to the person who is 15 calling, is that correct? 16 A Yes. 17 Q So that person would have to decide what it was an 18 emergency to call security or not? 19 MS. ROTUNNO: 20 THE COURT: 21 THE WITNESS: Correct. 22 MS. ILLUZZI: Nothing further. 23 RECROSS-EXAMINATION 24 BY MS. ROTUNNO: 25 Q Objection. I will allow it. Is a security concern always an emergency? Page 2861 1 MS. ILLUZZI: 2 THE COURT: 3 THE WITNESS: Yes. 4 MS. ROTUNNO: Nothing further. 5 THE COURT: 6 may step down. Objection. Overruled. Thank you for your testimony. You are excused. 7 People call your next witness. 8 MS. ILLUZZI: 9 You Thank you. The People call Marci Liroff. 10 (Witness is excused.) 11 COURT OFFICER: 12 Witness entering. (Witness entered the courtroom.) 13 COURT OFFICER: 14 your right hand and face the clerk. 15 THE CLERK: Step up. Remain standing. Raise Ma'am, do you solemnly swear or 16 affirm that any testimony you give to this Court and Jury, 17 will be the truth, the whole truth and nothing but the 18 truth, do you so swear or affirm? 19 THE WITNESS: 20 THE CLERK: Yes. Thank you. 21 M A R C Y 22 called as a witness on behalf of the People, being first duly 23 sworn by the Clerk of the Court, was examined and testified as 24 follows: 25 L I R O F F, COURT OFFICER: Have a seat, please. Pull your Page 2862 1 chair up. 2 State your full name, spell your last name. 3 THE WITNESS: 4 COURT OFFICER: 5 THE WITNESS: 6 THE COURT: 7 Please listen carefully to the questions from the Marci Liroff, LIROFF. Your county of residence. Los Angeles. All right. Good morning. 8 Assistant DA and answer her questions to the best of your 9 ability. Please answer them loudly, clearly and slowly. 10 Please give full and complete responses to all of her 11 questions but try not to volunteer information beyond her 12 specific question area. 13 On cross-examination it's perfectly likely that 14 Ms. Rotunno will ask you questions also. 15 choses to do so, please give to her the same courtesy that 16 you are about to give to the DA. 17 If and when she If you are comfortable responding to either 18 attorney's questions directly to the jury, you may do that, 19 otherwise just respond to whomever is asking you questions 20 at any given time. 21 If you are asked to view or review any exhibits 22 or items in evidence, you may do that upon the request from 23 either of the attorneys without further permission from the 24 Court. 25 I suggest that you get comfortable there. I see Page 2863 1 you are sort of sitting up. 2 3 THE WITNESS: mike. 4 5 THE COURT: Right. So whatever makes you comfortable with the microphone. Just speak loudly and clearly in to it out. 8 Please inquire. 9 MS. ILLUZZI: 10 DIRECT EXAMINATION 11 BY MS. ILLUZZI: 12 Q 13 14 You want the microphone to be right there, otherwise, it won't pick up a thing. 6 7 I am trying to be close to the Thank you. Good morning Ms. Liroff. Can you tell the Members of the Jury you occupation? A I am a casting director for the last 40 years and I 15 have been an acting coach for the last ten years. And I have 16 just started working as an intimacy coordinator for film and 17 television. 18 Q What's an intimacy coordinator? 19 A We work with the actors and the filmmakers to ensure 20 that everyone is safe on set while doing nudity or simulated 21 sex scenes. 22 23 24 25 Q Can you tell the Members of the Jury what the job of a casting director is? A A casting director is -- works with the filmmakers to help them get their vision onto the screen based on the script Page 2864 1 and we find the actors for the film. 2 Q How do you find the actors for the film? 3 A There are many difference ways. We can do a national, 4 international search or -- and/or we release what's called a 5 breakdown which lists all the roles that we are looking for to 6 the agents and managers around town. 7 Q Ms. Liroff, did you have an opportunity in 2013 to 8 work casting a movie that was first called, Blood Sisters and 9 then called Vampire Academy? 10 A Yes. 11 Q Can you tell us the history of that film, meaning when 12 13 it was first marketed? A Well, the casting usually comes on in preproduction. 14 We are one of the first people hired after the director and I 15 believe I interviewed in late December and started working in 16 January. 17 Q Late December, 2012 into January, 2013? 18 A Correct, 2012. 19 Q And who was the producer of that film? 20 A Deepak Nayar. 21 Q Was The Weinstein Company involved in any way in that 22 film? 23 A Yes. 24 Q Can you explain to the jury what their role or 25 function was in that film? Page 2865 1 A The Weinstein Company did a pre-sale at the Berlin 2 Film Festival in early February, meaning they bought the rights 3 to distribute the film, domestically and internationally. 4 not sure if they had international and domestic but typically 5 that's what happens. I am 6 Q You said early February. 7 A Yes. 8 Q Could you tell the Members of the Grand Jury, briefly, 9 10 Again, that's 2013? what the Berlin Film Festival is? A It's a film market in Berlin and films are screened 11 there and also films that have been packaged ahead of time come 12 there to try and find buyers to give them money for 13 distribution. 14 15 16 Q And what is the job of the company that distributes the film versus producing the film? A Producing the film is more of a hands on job of 17 actually from infancy, from development, to through to editing 18 and wrap -- and wrap and editing, excuse me. 19 distributes the film in theaters across the country and 20 internationally. 21 22 Q And distribution Is the casting of a film typically the function of the distributor? 23 A No. 24 Q Who is it the function of, casting? 25 A The filmmakers, the production company. Page 2866 1 Q With regards to the movie that was eventually titled, 2 Vampire Academy, what was the function of The Weinstein 3 Company? 4 A They were the distribution company. 5 Q Were you involved in the casting of that movie? 6 A Yes. 7 Q Could you tell the jury what your actual job in 8 9 10 casting in that movie was? A I was the head casting director and I was tasked with finding actors for the movie. 11 Q And that was from the beginning to the very, very end? 12 A Yes. 13 Q Can you tell us a little bit about that film? 14 A It was based on a YA novel, a young adult novel, a 15 series of books by the author Richelle Mead and it followed two 16 young girls around 15 or 16 and they were vampires. 17 18 Q Okay. Generally, how old were the roles and the lead supporting roles in that movie, generally? 19 A They were meant to play 15 or 16. 20 Q I am sorry. 21 A They were meant to play 15 or 16. 22 Q Did there come a time when somebody at The Weinstein I can't hear you. 23 Company asked you to see some actresses with regards to 24 auditioning for this film? 25 A Can you ask me that again? Page 2867 1 Q Did there come a point in time when someone at The 2 Weinstein Company asked you to see some actresses and audition 3 them for this film? 4 A Yes. 5 Q Was that in any way a bone of contention between 6 yourself, the producers as well, against The Weinstein Company? 7 MS. ROTUNNO: 8 THE COURT: 9 THE WITNESS: 10 11 12 13 Objection. Relevance. Overruled. Can you ask me again, please? BY MS. ILLUZZI: Q Sure. Was there any disagreement with regards to The Weinstein Company asking you to audition people for this film? A I don't know if I would call it a disagreement but the 14 actresses that they asked me to meet were too old for the role 15 and too tall as we had a height requirement on this particular 16 role of the actor couldn't be taller than five-foot two. 17 Q Beyond these actors that you are telling us about now, 18 generally, were you being responsive directly to The Weinstein 19 Company on casting and audition decisions? 20 A No. 21 Q Explain that to the jury? 22 A Well, as The Weinstein Company was the distributor of 23 the film, they did not have casting consultation and my 24 producer, Deepak Nayar, specifically told me not to update them 25 with casting information because they were not involved in that Page 2868 1 sense. 2 Can I drink this water? 3 Thank you. 4 5 Q I am going to show you a document which we have marked for identification as People's Exhibit Number 215. 6 Thank you so much. 7 Ms. Liroff, do you recognize that document? 8 9 A Yes, this is my audition sheet of actors that were coming in that day to audition for me? 10 Q What date is that? 11 A April 15, 2013. 12 Q Does that audition sheet document the two actresses or 13 two actresses that The Weinstein Company asked you to audition 14 for this film? 15 A Yes. 16 Q Among the people that the Weinstein Company asked you 17 to audition for this film was Jessica Mann and a woman named 18 Talita two of those people? 19 A Yes. 20 Q And did you audition those two women? 21 A Yes. 22 Q And was that on April 15th? 23 A Yes. 24 Q Were you actually auditioning them for -- as prospects 25 for this film? Page 2869 1 A Well, I knew ahead of time that they were too old for 2 the role because they were mid to late 20's and also too tall. 3 But I feel if an actor prepares to come into audition for me, I 4 will be open-minded and give them the benefit of the doubt and 5 have them actually audition. 6 Q And did you? 7 A Yes, I did. 8 Q If someone had said to these two women, you are 9 10 perfect for the leads of Vampire Academy, would that have been a true statement? 11 MS. ROTUNNO: 12 THE COURT: 13 14 15 Q Objection. Sustained. Well, were those women in any way up for, being auditioned for or qualified for the leads in Vampire Academy? A No. 16 MS. ROTUNNO: Objection. 17 THE COURT: Sustained. 18 Sustained. Stricken. 19 Q Did you cast the leads in Vampire Academy? 20 A Yes. 21 Q And do you recall, approximately, when those leads 22 were casted? 23 A They were cast in January of 2013. 24 Q There were other substantial roles in that movie, is 25 that correct? Page 2870 1 A Correct. 2 Q Was Mia a role in that movie? 3 A The role of Mia was a role in the movie, yes. 4 Q Were either one of these women in any way appropriate 5 for that role? 6 MS. ROTUNNO: 7 THE COURT: 8 MS. ILLUZZI: 10 am going to try again. 12 13 Q I substantial parts in this movie? 15 THE COURT: Q Objection. Sustained. Were you considering these women for the lead or substantial roles in this movie? 18 19 Okay, I am going to try again. Were these women qualified for the lead or for MS. ROTUNNO: 17 If you ask the question BY MS. ILLUZZI: 14 16 Sustained. without in any way, it might be in some way permissible. 9 11 Objection. MS. ROTUNNO: Objection. She already said the lead was cast. 20 THE COURT: Sustained. 21 Q Did you audition these women? 22 A Yes. 23 Q Did you indicate whether or not they were appropriate 24 25 for the role? MS. ROTUNNO: Objection. Page 2871 1 THE COURT: Overruled. 2 A Indicate to who? 3 Q Indicate on this sheet? 4 A One of them I wrote that she was not right and that 5 was Talita and Jessica I also wrote not right. 6 7 MS. ILLUZZI: evidence as People's Exhibit Number 215. 8 THE COURT: 9 MS. ROTUNNO: 10 11 12 I ask that that be marked in THE COURT: Any objection? No. 215 is received into evidence. BY MS. ILLUZZI: Q So can you show us where on this sheet you indicated 13 that this woman Talita and Jessica were not right for these 14 roles? 15 A 16 grid. 17 Q 18 19 I usually write my notes on the right side of this Do you recall why they were not right for even these roles? A For both of them? 20 MS. ROTUNNO: Objection. 21 THE WITNESS: For both of them, they were too old 22 23 for the role. We were looking for 15 year olds. They were too tall as we had a height requirement 24 that they couldn't be taller than five-foot two because 25 that was the way the roles were written in the book. Page 2872 1 We were trying to stay close to the world that 2 the writer created and they were not strong enough as 3 actors for this role. 4 Q 5 Ms. Liroff, do you recall who did get the role for Mia in that movie? 6 MS. ROTUNNO: 7 THE COURT: 8 9 Q Objection. Sustained. Do you remember who was actually offered the role of Mia in that movie? 10 MS. ROTUNNO: 11 THE COURT: Objection. Same question. Re-sustained. 12 Q Do you know who Sami Gayle is? 13 A Yes. 14 Q Who is Sami Gayle? 15 MS. ROTUNNO: 16 THE COURT: 17 18 Q 20 THE COURT: 21 THE WITNESS: 24 25 Relevance. Move on. movie? MS. ROTUNNO: 23 Sustained. Objection. How old was the person who got the role of Mia in this 19 22 Objection. Q Objection. Relevance. Overruled. I believe she was 17, 16, 17. Do you recall who from the Weinstein Company asked you to interview or to audition Talita and Jessica? A There were a couple of executives there that asked me, one was Barbara Schneeweiss and the other one was Jennifer Page 2873 1 Malloy. 2 MS. ILLUZZI: 3 THE COURT: 4 MS. ROTUNNO: 5 CROSS-EXAMINATION 6 BY MS. ROTUNNO: 7 8 Q Nothing further. Any cross-examination? Yes. Ms. Liroff, you were asked to allow Talita and Jessica to audition for these roles, correct? 9 A Correct. 10 Q And you set up the times for them to come and 11 audition, correct? 12 A My assistant did. 13 Q And you did the audition? 14 A Correct. 15 Q And you didn't tell them ahead of time, I am not going 16 to see you, correct? 17 A I didn't tell the actress that, no. 18 Q And you allowed them to come in and you did the screen 19 test, correct? 20 A It was not a screen test. 21 Q The audition? 22 A Yes. 23 Q And as a casting director, you see multiple actors 24 25 that are not right for a role, would that be fair to say? A Correct. Page 2874 1 2 Q And you see many more actors that are not right for the roles than the ones that actually are? 3 A No, not correct. 4 Q I will ask a different question. 5 6 As a casting director you look for talent, would that be fair to say? 7 A Correct. 8 Q And sometimes you audition someone for one part and 9 you think maybe they might be great for some other project? 10 A Correct. 11 Q So it's never a waste of your time to spend time with 12 an actor and allow them to audition, correct? 13 A My time during this time, I was on a deadline. 14 Q Well, again, Ms. Liroff, you agreed to do this -- 15 16 MS. ILLUZZI: I would ask that she be able to answer, please. 17 THE COURT: 18 Your answer stands thus far. 19 The question and answer stands. Next question. BY MS. ROTUNNO: 20 Q You agreed to do this, correct? 21 A Correct. 22 Q You never said no? 23 A That's not correct. 24 Q Well, there is no email communication where you said, 25 I am not going to do this, is there? Page 2875 1 A I don't know. 2 Q You didn't see any before you testified, did you? 3 A No. 4 Q And you had a relationship with The Weinstein Company, 5 correct? 6 A Not before this film. 7 Q So this is the first time you were dealing with the 8 Weinstein Company? 9 A Correct. 10 Q And you knew that the Weinstein Company made good 11 movies, correct? 12 A Correct. 13 Q And you knew that the Weinstein Company had a really 14 good reputation, correct? 15 A Correct. 16 Q And you knew that the Weinstein Company was 17 responsible for movies that had won multiple Academy Awards, 18 correct? 19 A Correct. 20 Q And as a casting director, casting roles in movies 21 that win awards is good for your business, fair to say? 22 A Fair to say. 23 Q And you know that although the Weinstein Company were 24 distributors of this film, Mr. Weinstein or the company quite 25 often would hold some casting rights, correct? Page 2876 1 A I am not aware of that. 2 Q Well, they would be able to say, we would like to be 3 involved in that process, that's not unusual, is it? 4 A Not unusual, but that's not what happened. 5 Q Well, it's not unusual though? 6 A It's not unusual. 7 Q And what is also not unusual -- 8 A Actually, can I take that back? 9 It is unusual for the distributor to be involved in 10 that, yes. 11 Q 12 And are you saying in this case, Mr. Weinstein did not hold or The Weinstein Company did not hold any casting rights? 13 A Correct. 14 Q So if you cast a role that they thought was wrong, 15 they didn't have a right to say, we want to go in another 16 direction? 17 A That's what the producer told me, correct. 18 Q That's what the producer told you. 19 that was the deal that the producer had with the Weinstein -- 20 MS. ILLUZZI: 21 THE COURT: 22 THE WITNESS: 23 You don't know if Objection. Sustained. Don't answer. Yes. BY MS. ROTUNNO: 24 Q You heard that from the producer? 25 A Can you ask me the question again? Page 2877 1 2 Q You heard from the producer that The Weinstein Company didn't have any casting rights? 3 A Yes. 4 Q Did you ever see that in writing from anyone? 5 A No. 6 Q Did you ever look at a contract in regards to that? 7 MS. ILLUZZI: 8 THE COURT: 9 Q Objection. Sustained. And you know that at times in distribution deals the 10 company that buys the film can be involved in that process, 11 correct? 12 A It's unusual. 13 Q But it's not impossible, correct? 14 A Correct. 15 Q And it sometimes happens, correct? 16 A Correct. 17 Q And somebody like Mr. Weinstein wasn't really usual in 18 the business, would that be fair to say? 19 MS. ILLUZZI: 20 THE COURT: 21 Q Objection. Sustained. Well, Mr. Weinstein, had a very distinct and 22 perfectionist manner in the way he made movies, would that be 23 fair to say? 24 MS. ILLUZZI: 25 THE COURT: Objection. Sustained. Move on please. Page 2878 1 Q In this film, isn't it correct that Mr. Weinstein, not 2 only was involved in the making of the movie, but he actually 3 maintained the rights to bring in his own producers and own 4 camera crews? 5 MS. ILLUZZI: 6 THE COURT: 7 Q 8 Objection. Sustained. Don't answer. If you know. THE COURT: Don't answer. 9 Q Ms. Liroff, you set up the time for this audition? 10 A My assistant did. 11 Q And you went and conducted the audition, correct? 12 A Correct. 13 Q And you determined they weren't right? 14 A Correct. 15 Q The audition wasn't a sham, correct? 16 A Not correct. 17 Q So you put on a sham audition? 18 A No, I thought you meant the way it turned out. 19 No, I wouldn't put on a sham audition. 20 Q 21 correct? 22 A Yes, I am a professional. 23 Q You would not fake actors into coming in and putting 24 25 Right because you put on a legitimate audition, something on just because someone asked you to, correct? A Of course not. Page 2879 1 MS. ROTUNNO: 2 REDIRECT EXAMINATION 3 BY MS. ILLUZZI: 4 5 Q Nothing further. You wouldn't, Ms. Liroff, fake, you wouldn't fake an audition, is that correct? 6 A That's correct. 7 Q But the person who is asking you to do it might 8 generally know that it is not a legitimate audition? 9 MS. ROTUNNO: 10 11 12 THE COURT: Q Objection. Sustained. Don't answer. Ms. Rotunno, asked you whether or not this was a waste of your time. Do you recall that question? 13 A Yes. 14 Q And you were starting to answer. 15 16 Was this, seeing these two women for these parts, a waste of your time? 17 A What's the question? 18 Q Was seeing these two women for this film nonproductive 19 for you? 20 A 21 Yes. MS. ILLUZZI: 22 RECROSS-EXAMINATION 23 BY MS. ROTUNNO: 24 25 Q Nothing further. Would it have been productive if you thought they would be good in another role? Page 2880 1 2 A They weren't strong actresses. So they were not right for another role. 3 Q Because they weren't good, right? 4 A Correct. 5 MS. ROTUNNO: 6 REDIRECT EXAMINATION 7 BY MS. ILLUZZI: 8 9 10 Q Ms. Liroff, you knew that they weren't established actors when you had to see them, is that correct? A Correct. 11 RECROSS-EXAMINATION 12 BY MS. ROTUNNO: 13 Q 14 correct? 15 A 16 17 Nothing else. And you often see unknown actors for auditions, Correct. THE COURT: may step down. Thank you for your testimony. You You are excused. 18 People call your next witness. 19 MS. ILLUZZI: 20 May we have a break? 21 THE COURT: 22 All right, Jurors, please remain mindful of all We have to see who is here. Jurors, would you like a break? 23 of my prior admonitions and instructions during this or any 24 other recess. 25 See you back here in about five or ten minutes. Page 2881 1 Thank you. 2 (The jury exited the courtroom and the 3 following occurred:) 4 THE COURT: 5 All right. discuss before we resume? Any matters you need to Okay. 6 Who are you calling next? 7 MS. ILLUZZI: 8 I think we are calling the custodian of record for the Tribeca Grand. 9 MS. HAST: Then, Judge, we are going to put in a 10 bunch of the exhibits we want to put in with respect to 11 Jessica Mann and have the Jurors read these. 12 13 THE COURT: time? 14 MS. ILLUZZI: 15 THE COURT: 16 And then Lauren Young. That was my question. (Recess is taken.) 17 18 This is all not going to take a long THE COURT: ready. 19 Come to order. All parties are present, including the defendant. COURT OFFICER: 20 Jury entering. (The jury entered the courtroom and the 21 following occurred:) 22 THE CLERK: 23 See if the jury is All jurors are present and properly seated. 24 MS. ILLUZZI: Yes. 25 MS. ROTUNNO: Yes. Page 2882 1 THE COURT: 2 People, please proceed. 3 MS. ILLUZZI: 4 5 Welcome back jurors. Thank you the People call Agnes Chiao. COURT OFFICER: Witness entering. 6 (Witness enters the courtroom.) 7 (Continued on the following page.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2883 1 ( At this point sworn in). 2 COURT OFFICER: 3 A 4 5 Agnas Chiao, C. H. I. A. O. COURT OFFICER: A 6 State your full name? County of residence? Queens. THE COURT: Good morning, Ms. Chiao. Listen 7 carefully to the questions from the ADA and answer her 8 questions to the best of your ability. 9 loudly, clearly, and slowly. 10 Please answer them Give full and complete responses to all her 11 questions, but try not to volunteer any information that 12 goes beyond her specific questioned area. 13 On cross examination, it is possible Ms. Rotunno 14 will ask you questions also. 15 her the same courtesy you're about to give to the District 16 Attorney. 17 Should she choose to so, give If you are comfortable responding to either 18 attorney's questions directly to the jury, please feel free 19 to do that, otherwise just respond to whichever attorney is 20 asking you questions at any given time. 21 If and when you're asked to handle any exhibits or 22 items in evidence, you may do that upon the request of 23 either of the attorneys without further permission from the 24 Court, okay? 25 A Okay. Page 2884 1 THE COURT: 2 directly into the microphone. 3 satisfaction. 4 Try to keep your voice up and speak Please inquire. MS. ILLUZZI: 5 DIRECT EXAMINATION 6 BY MS. ILLUZZI: You can adjust it to your Thank you. 7 Q In a cloud clear voice, tell us your name and where you 8 work? 9 A My name is Agnas Chiao, I work at the Tribecca Grill. 10 Q What is your job there? 11 A As comptroller. 12 Q What does that mean? 13 A That means general bookkeeping, accounting, accounts 14 receivable, accounts payable, paying bills, making deposits, 15 payroll. 16 Q Where is the Tribecca Grill? 17 A At 375 Greenwich Street. 18 Q Here in New York City? 19 A Yes, New York City. 20 Q Are you familiar with what was called the Weinstein 21 Company? 22 A Yes. 23 Q Where was the Weinstein Company located in relation to 24 25 the Tribecca Grill? A The Weinstein Company was the third floor of 375 Page 2885 1 Greenwich Street housed in the Tribecca film center. 2 Q The same building where you work? 3 A Yes. 4 Q Are you familiar with a man named Harvey Weinstein? 5 A Yes. 6 Q Does Harvey Weinstein, is he a proprietor of the 7 Tribecca Grill? 8 9 A He's an investor of the Tribecca Grill, he owns like one percent. 10 Q I'm going to show you a document which we have 11 previously marked for identification as People's Exhibit Number 12 230. Do you recognize that? 13 A Yes. 14 Q Tell us what it is? 15 A It is a check that is generated from our point of 16 sale. 17 of 2013 for four coffees. 18 Q It was a delivery order to the third floor on March 18th Is it the regular course of business of the Tribecca 19 Grill to keep a record of transactions such as orders to be 20 delivered? 21 A 22 23 24 25 Absolutely. All -- actually all transactions are kept for at least five, seven years. Q Is it the regular course of business to maintain those records in an accurate fashion? A Absolutely. Page 2886 1 Q The information contained on this particular exhibit, 2 People's Exhibit Number 230, does it include the customer who 3 ordered as well as the time the order was placed? 4 A 5 Yes. MS. ILLUZZI: 6 People's Number 230. 7 THE COURT: 8 MS. ROTUNNO: 9 THE COURT: Any objection? MS. ILLUZZI: 11 THE COURT: 12 MS. ROTUNNO: 13 THE COURT: 14 16 17 No. 230 is received into evidence. 10 15 I ask it be mark in evidence as Nothing further. Any cross examination? No. Thank you, Ms. Chiao for your testimony, you may step down, you are excused. A Thank you. THE COURT: People, you have a number of matters you wish to attend to at this point? 18 MS. ILLUZZI: 19 THE COURT: 20 MS. HAST: Yes. Proceed. Judge, based on the stipulation with 21 respect to Access Integrated Technology, People's 15, the 22 People are seeking to move into evidence at this time 23 e-mails that are marked for identification as People's 24 Exhibits 191 through 208 previously shown to the defense. 25 THE COURT: Okay, that is without objection. Page 2887 1 2 MS. ROTUNNO: Just the previous objection we stated. 3 THE COURT: 4 MS. HAST: Those are received into evidence. Starting with People's Exhibit 191 5 which is an e-mail dated Monday February 25, 2013. 6 just publish that e-mail to the jury. 7 ( Published to jury). 8 MS. HAST: 9 10 We will The next, People's 192, an e-mail that begins Monday, February 25, 2013 and responses that are Tuesday February 26, 2013. 11 ( Published to jury). 12 MS. HAST: People's Exhibit 193 which is two 13 pages, that is communications February 27, 2013 into 14 February 28, 2013, I believe the sequence is from the last 15 e-mail, we will start with the last e-mail there. 16 ( Published to jury). 17 MS. HAST: 18 People's Exhibit 194 which is from July 16, 2013. 19 ( Published to jury). 20 MS. HAST: 21 People's Exhibit 195 dated October 21, 2013. 22 ( Published to jury). 23 MS. HAST: 24 November 11, 2013. 25 People's Exhibit 196 which is dated ( Published to jury). Page 2888 1 2 MS. HAST: People's Exhibit 197 which is dated June 21, 2014. 3 ( Published to jury). 4 MS. ROTUNNO: 5 So the record is clear, this is also an e-mail that was put in by the defense. 6 MS. HAST: People's Exhibit 197, People's Exhibit 7 198 which is, spans November 6, 2014 through November 7, 8 2014 and is two pages. 9 ( Published to jury). 10 11 MS. HAST: People's Exhibit 199, again November 8, 2014. 12 ( Published to jury). 13 MS. HAST: 14 People's Exhibit 200, November 8, 2014 into November 9, 2014. 15 ( Published to jury). 16 MS. HAST: People's Exhibit 201 which again is 17 November 8, 2014 into November 9, 2014. 18 ( Published to jury). 19 MS. ROTUNNO: 20 So it is clear, these are the same e-mails with an addition added on, same -- 21 MS. ILLUZZI: Objection to the colloquy. 22 MS. ROTUNNO: I'm just making a record these are a 23 duplicate. 24 MS. ILLUZZI: 25 THE COURT: She's testifying, we object. Sustained. Page 2889 1 MS. ILLUZZI: 2 MS. HAST: 3 Thank you. People's Exhibit 202 which is, spans from December 22, 2015 into December 23, 2015. 4 ( Published to jury). 5 MS. HAST: 6 People's Exhibit 203 which is two pages. 7 ( Published to jury). 8 MS. HAST: 9 10 there are several different dates, the last date is February 24, 2016. 11 12 The last date at the top of this one People's Exhibit 204 starting June 29, 2016 going into June 30, 2016. 13 ( Published to jury). 14 MS. HAST: 15 ( Published to jury). 16 MS. HAST: 17 People's exhibit 206 -- sorry, still on People's Exhibit 205. 18 19 People's Exhibit 205, August 19, 2016. People's Exhibit 206, which dates November 28, 2016. 20 ( Published to jury). 21 MS. HAST: 22 ( Published to jury). 23 MS. HAST: People's Exhibit 207, February 8, 2017. And People's Exhibit 208, which is 24 January 18, 2014 message being forwarded to Maxine 25 Rosenthal on March 21, 2018. Page 2890 1 MS. ROTUNNO: 2 MS. HAST: Also put in by defense. I just have some additional 3 stipulations as well that I would like to do before calling 4 the next witness. 5 This is a stipulation that is marked as People's 6 Exhibit 231. Again, it is signed by the parties and dated 7 today. 8 stipulated by and between the People of the State of New 9 York represented by ADA Joan Illuzzi, and defendant Harvey It reads as follows: It is hereby and agreed and 10 Weinstein, represented by defense counsels Arthur Aidala 11 and Donna Rotunno, People's Exhibit 232 is an exact copy of 12 records maintained and provide by T-Mobile U.S Inc, 13 T-Mobile, pertaining to cell phone number 917, the rest is 14 redacted, from the time period of March 17, 2013 to April 15 1, 2013. 16 It is further stipulated by both parties if called 17 to testify, a custodians of records for T-Mobile would 18 testify to the following regarding the above described 19 records maintained and provided by T-Mobile. 20 21 22 It is the business duty of T-Mobile to keep and maintain such records. The records were made at or near the time of the 23 occurrence of the matters set forth in the records by or 24 from information transmitted by a person with knowledge of 25 the matters. Page 2891 1 2 The records were made in the regular course of business of T-Mobile. 3 4 The records were kept in the regular course of business of T-Mobile. 5 The times of the calls in the records are 6 reflected in coordinated universal time or UST. 7 further stipulated by both parties the phone number, 917, 8 the rest redacted, was defendant Weinstein's personal cell 9 phone throughout the date range of the records contained in 10 It is Exhibit 232. 11 I would like to move into evidence the stipulation 12 marked as 231 as well as People's Exhibit 232 which are 13 those phone records. 14 15 16 THE COURT: Okay, 231 and 232 are received into evidence. MS. HAST: This is another stipulation marked 17 People's Exhibit 233 and again, it is signed by both 18 parties dated today. 19 It states the parties agree that People's Exhibit 20 234 is an exact copy of records maintained and provided by 21 AT&T pertaining to cell phone number 702-335-1329 from the 22 time period of March 17, 2013 through March 19, 2013. 23 It is further agreed and stipulated by both 24 parties if called to testify, a custodian of records for 25 AT&T would testify to the following regarding the above Page 2892 1 described records maintained and provided by AT&T. 2 The same business records requirements that are 3 stipulated to. 4 the record are reflected in UTC and the phone number was 5 subscribed to Jessica Mann during the time frame for the 6 records provided and the following is further agreed and 7 stipulated by both parties in 2013 the cell phone number 8 323-602-4616 belonged to Talita Maia. 9 10 It also indicated the times of the calls in In 2013 the cell phone number 818-807-8090 belonged to Thomas Richards. 11 I would like to move into evidence the stipulation 12 marked Exhibit 233 as well as the accompanying records 13 marked as People's Exhibit 234. 14 15 THE COURT: Okay, those are received into evidence. 16 MS. HAST: Lastly this is a stipulation marked 17 People's 80, and again it is signed by both parties dated 18 today. 19 that if Kenneth Moy were called to testify, he would 20 testify to the following: 21 22 23 It further reads it is stipulated by both parties He's employed by the New York Post and is familiar with the record keeping practices of the New York Post. The New York Post maintains copies of its daily 24 newspaper publications. People's Exhibit 81 is an exact 25 copy of pages 12 and 13 of the July 11, 2016 edition of the Page 2893 1 New York Post, and the July 10, 2006 edition of the New 2 York Post did not contain any articles mentioning defendant 3 Weinstein or Georgina Chapman. 4 I would like to move the stipulation into evidence 5 as People's Exhibit 80 as well as the accompanied article 6 marked as People's 81. 7 8 Those are received into evidence, 80 MS. HAST: I'm going to publish People's Exhibit and 81. 9 10 THE COURT: 81. 11 ( Published). 12 MS. ILLUZZI: Your Honor, we have two other 13 exhibits marked People's Exhibit Number 223 and 227. 14 have been shown to defense and we are asking them to be 15 entered into evidence at this time. 16 THE COURT: 17 MS. ILLUZZI: 18 THE COURT: 19 MS. ILLUZZI: 20 discussion of Vampire Academy. 21 MS. ROTUNNO: 22 23 24 25 They 223 through 227. No, 223 and 227. They are what? They are e-mails with regards to the If we can address that after the break. THE COURT: But you are not objecting to them coming in? MS. ROTUNNO: I would like to make an objection on Page 2894 1 the record. She just showed them to me this second, we can 2 hold off on those. 3 THE COURT: 4 MS. ILLUZZI: 5 THE COURT: 6 Can we approach now? No, but are those something you also want to read at this time? 7 MS. ILLUZZI: 8 THE COURT: 9 All right. We would like to publish them, yes. Anything else before the next witness? 10 MS. ILLUZZI: 11 MR. CHERONIS: 12 No. witness. 13 THE COURT: 14 MR. CHERONIS: 15 16 I have an issue with the next You have what? It is -- I have one other issue to raise. THE COURT: So jurors, we will take a five minute 17 break for a couple of issues about 223, 227 and something 18 about the next witness. 19 20 So once we resolve that, we will resume and pick up where we left off. 21 So please remain mindful of all my prior 22 admonitions during this and any other recess, see you back 23 here in a few minutes. 24 ( Jury exits courtroom). 25 MS. ILLUZZI: Can we approach about this first? Page 2895 1 THE COURT: 2 left so stay there. 3 be heard on those. 4 We can do it on the record. 223, 227. MS. ROTUNNO: The jury Ms. Rotunno you wanted to Yes Judge. With regard to these 5 e-mails, these e-mails are conversations between the office 6 of Mr. Weinstein and I'm assuming the director from Vampire 7 Academy. 8 case. 9 10 This has nothing to do with the witness in this These people are not coming to testify and although we have already stipulated -- 11 THE COURT: Can I see them please. 12 MS. ROTUNNO: Stipulated to the foundation of 13 e-mails, it does not mean they can just read any e-mail. 14 You still need a witness to be able to testify. 15 MS. ILLUZZI: We disagree. They are relevant and 16 have been authenticated and it shows the defendant's state 17 of mind certainly, Judge. 18 19 THE COURT: Anything either side, anything further about 223 and 227? 20 MS. ROTUNNO: 21 THE COURT: 22 MS. ILLUZZI: Just that -- no. People, anything further? Well Judge, they certainly are 23 relevant and show defendant's state of mind at the time and 24 they are regarding the casting of and the auditions of this 25 particular movie. We ask it be marked in -- Page 2896 1 MS. ROTUNNO: I don't agree, I think the problem 2 is Mr. Weinstein started speaking to these women about 3 Vampire Academies in February 2013. 4 communication with people from his office as we have seen 5 by e-mails, and the fact they want to bring this in, we 6 have no idea what other commentary was or other 7 conversations they had. 8 9 10 Mr. Weinstein and these people on these e-mails have no relevance to what happened between Marcy Liroff and Harvey Weinstein's office and Jessica Mann and Talita. 11 MS. ILLUZZI: 12 THE COURT: 13 They were in constant He's -I'm going to receive these into evidence, and Mr. Cheronis, you had an issue. 14 MR. CHERONIS: Yes, it is something that sort of 15 just came about at our last sidebar when we approached with 16 Ms. Hast. 17 As the Court may or may not know, two days ago, 18 maybe three, and for the first time, the next witness, 19 Lauren Young, contacted the District Attorney. 20 this is the timeline, and she had found the dress that she 21 was wearing the night of February the 19, 2013, the alleged 22 incident with Mr. Weinstein at the Montage Hotel. 23 I think it As we were up at the desk, Ms. Hast also informed 24 the Court that the California District Attorney's Office is 25 attempting to test the dress or will be attempting to test Page 2897 1 the dress for DNA. 2 MS. HAST: 3 going to. 4 with the dress. Just briefly. I didn't say they were I said I did not know what they were going to do 5 It was certainly evidence in their case as well 6 and we were going to merely seek to enter photographs of 7 the dress and not the dress itself so L.A could take 8 custody of the dress for their case that is still pending. 9 MR. CHERONIS: Maybe I misheard you, but I believe 10 you said something along the lines at least it was possible 11 they will be testing the dress for DNA. 12 Ms. Young also stated I believe in her statement 13 to the New York D.A's Office she had not worn the dress or 14 touched the dress since the night in question. 15 Based on what I believe her testimony is going to 16 be, she's making allegations Mr. Weinstein in fact 17 attempted to unzip the dress and touch the dress. 18 19 That is, as this Court knows, DNA evidence can be exculpatory evidence or inculpatory evidence. 20 The lack of DNA can tend to establish a defense 21 and the inclusion of DNA evidence can show an event 22 occurred. 23 Certainly had these disclosures been made and the 24 State did not have it because Ms. Young just found it, but 25 now we are in a position we have evidence tendered by the Page 2898 1 District Attorney in the middle of the trial, that had we 2 had this in a timely fashion, we could have had the dress 3 tested for DNA, we have the means to do that, and it is 4 something we would have attempted to do. 5 We are in a position now where we are in 6 possession of this late hour what could be exculpatory 7 evidence. 8 9 I had cases where DNA has been tested literally 30 years after alleged crimes and results have come back. So 10 we are in a position now where we have potentially 11 exculpatory evidence, and that evidence cannot be tested in 12 a timely matter. 13 Whatever Ms. Young will say when she found this 14 dress is up to her, but the timing of turning over the 15 dress she was wearing the night of the alleged incident 16 raises some problems, because we are in the tail end of the 17 trial, so we are making an application one, to bar Ms. 18 Young from testifying based on this newly discovered 19 evidence not yet tested, and in the alternative requesting 20 a mistrial. 21 THE COURT: 22 MR. CHERONIS: 23 THE COURT: 24 MR. CHERONIS: 25 THE COURT: Denied. Ready to proceed? I was going to be given -Yes. Review the dress. Yes, go ahead. Page 2899 1 ( Brief recess taken). 2 THE COURT: All right back on the record. All 3 parties are before the Court including the defendant and 4 everybody except for the defendant's paralegal who left for 5 a moment. 6 satisfaction or lack of satisfaction. And everything is resolved to everybody's 7 MS. HAST: 8 MR. CHERONIS: 9 10 Correct. to use the dress during my cross examination. I do not see any reason I can't if I wear gloves. 11 THE COURT: 12 MS. ILLUZZI: 13 I'm going to request I be allowed Fine. I have two more exhibits to put into evidence and we are ready to call Lauren Young. 14 THE COURT: 15 ( Jury enters courtroom). 16 THE CLERK: All jurors are present and properly THE COURT: Welcome back jurors. 17 18 19 20 Okay, jury entering. seated. Please proceed ADA Illuzzi. MS. ILLUZZI: Thank you, your Honor. We 21 understand the Court has now allowed the admission of 22 People's Exhibit Number 227 and 223. 23 24 25 MS. ROTUNNO: I'm going to object to Ms. Illuzzi's characterization. THE COURT: Sustained. 223 and 227 are received Page 2900 1 into evidence, please proceed. 2 MS. ILLUZZI: 3 223 will be published to the jury first. 4 ( Published to jury). 5 MS. ILLUZZI: 6 ( Published to jury). 7 MS. ILLUZZI: 8 THE COURT: 9 MS. HAST: 10 Now 227. Thank you. Okay, People, call your next witness. People call Lauren Young. COURT OFFICER: 11 It will be one minute. Witness entering. 12 ( Witness enters courtroom and is sworn in). 13 COURT OFFICER: 14 15 you your last name. A 16 17 18 State your full name, spelling Hi, my name is Lauren Marie Young, Y. O. U. N. G. COURT OFFICER: A County of residence? I live in Delaware County, Pennsylvania. THE COURT: All right, good afternoon Ms. Young. 19 Please listen carefully to the questions from the ADA and 20 answer her questions to the best of your ability. 21 Answer them loudly, clearly, and slowly. 22 give full and complete responses to all her questions, but 23 try not to volunteer information beyond her specific 24 questioned area. 25 Please On cross examination, Mr. Cheronis is very likely Page 2901 1 to ask you questions also. 2 courtesy you're about to give to the District Attorney. 3 Please give to him the same And if you are comfortable responding to either of 4 the attorney's questions directly to the jury, you may do 5 that, otherwise just respond to whomever is asking you 6 questions at any given time. 7 Try to keep you voice up, speak loudly, clearly, 8 and slowly into the microphone, and if you're asked to 9 handle or view or review any exhibits or any items already 10 in evidence, you may do that upon the request of either of 11 the attorneys without further permission from the Court, 12 okay? 13 A Thank you, your Honor, thank you. 14 THE COURT: 15 Try to keep your voice up, speak right into the microphone, please inquire. 16 MS. HAST: 17 DIRECT EXAMINATION 18 BY MS. HAST: Thank you. 19 Q Good afternoon. 20 A Good afternoon. 21 Q How old are you? 22 A I'm 30 years old right now. 23 Q What state are you currently living in? 24 A Pennsylvania. 25 Q Are you working? Page 2902 1 A Yes. 2 Q What are you doing? 3 A I do modeling, I'm still an actor, and I clean, my main 4 focus right now is help out my dad, and I clean after his 5 general contracting, clean up sometimes. 6 Q Where were you born and raised? 7 A I was born in Chester, Pennsylvania and I was raised 8 there till I grew up. 9 Q Who did you live with growing up? 10 A I lived with my mom and my dad and my sisters until I 11 was 12. 12 Q Then what happened when you were 12? 13 A My mom and dad divorced. 14 15 16 MR. CHERONIS: A Moved into a one bedroom apartment with my mom and sister. 17 MR. CHERONIS: 18 THE COURT: 19 20 Objection. Q Objection. Overruled. What was your relationship like with your father at that point? 21 MR. CHERONIS: 22 THE COURT: Objection. Overruled. 23 A Um -- 24 Q At the point when your parents separated and you moved 25 in with your mom and sisters? Page 2903 1 A Could you repeat that. 2 Q What was the relationship like with your father at the 3 4 point of the separation? A It was an abusive. 5 MR. CHERONIS: 6 THE COURT: 7 A Sustained. It was an abusive -- 8 MR. CHERONIS: 9 THE COURT: 10 11 12 Q Objection. Objection. Hold on. Did you have a relationship with your father at the point your mother and father separated when you were 12? A No. 13 MR. CHERONIS: 14 THE COURT: Objection to relevance. Overruled, move on. 15 Q What were your hobbies and interests growing up? 16 A I have always liked sewing, so I knit and sew. I have 17 been sewing since I was young, and I always liked modeling. I 18 was always standing next to mannequins at the mall with my mom 19 doing fashion shows at the mall. 20 Q How far did you go in school? 21 A I got my GED, I graduated early so I could come to New 22 York fulltime with a modeling agency here. 23 Q When did you first begin modeling? 24 A I was 12 years old when I did my first mall fashion 25 show, but 14 when I had my first job in New York. Page 2904 1 2 Q Did there come a time that you actually moved fulltime to New York City to pursue modeling fulltime? 3 A After I got my GED I moved up here fulltime. 4 Q How old were you at that point? 5 A 18. 6 Q Do you recall around what year that was? 7 A 12 years ago, 12 years ago, I guess. 8 Q And, did there come a time that you decided to move 9 from New York City to L.A? 10 A Yes there did. 11 Q Around when was that? 12 A That was when I was 20 I made the decision that I 13 wanted to move to L.A. 14 Q That was approximately 10 years ago? 15 A 10 years ago. 16 Q What brought you to L.A? 17 A I had been modeling in New York for a while, and I had 18 not done any acting, and I was really curious about it, and I 19 felt like I had a good, you know, head on my shoulders I could 20 remember lines or do something cool one day with acting, so I 21 really wanted to get into it and move to L.A because I thought 22 that is where more acting was done. 23 Q I'm going to direct your attention to February of 24 2012. Did you get invited to an Oscar dinner at Mr. Cee's 25 restaurant? Page 2905 1 A Yes I did. 2 Q What is Mr. Cee's? 3 A It is a restaurant inside of a hotel. 4 Q Where is that located? 5 A In Los Angeles. 6 Q Who invited you to the dinner? 7 A A friend Stephano. 8 Q Who is Stephano? 9 A I had met Stephano in France and we exchanged e-mails. 10 He's an older gentleman and he does films and produces stuff and 11 it's just, that is who he is. 12 Q Who was hosting the dinner you got invited to? 13 A It was an Oscar dinner I was told for Harvey Weinstein 14 15 16 at Mr. Cee's, so I got the invite. Q Did you go to the dinner alone or did you bring a friend? 17 A I asked if I could bring a friend and I did. 18 Q You did bring a friend? 19 A I did. 20 Q Who was that? 21 A Holiday Hadley. 22 Q Approximately how many people were at the dinner? 23 A I would say like a smaller group like 20, around there, 24 25 I didn't know everyone. Q Did you hit it off with anyone in particular at the Page 2906 1 dinner party? 2 A Yes. 3 Q Who was that? 4 A Claudia Salinas. 5 Q Had you met Claudia Salinas prior to the dinner party? 6 A No. 7 Q Did you know who Claudia Salinas was at the dinner 8 party? 9 A No. 10 Q Did you learn what she did for a living at that time? 11 A Yes. 12 Q What was that? 13 A She was Ms. New Mexico at one point and she was doing 14 same stuff I was doing in L.A. 15 Q Was Harvey Weinstein at the dinner that night? 16 A Yes, he was. 17 Q Did you know who Harvey Weinstein was at that time? 18 A Briefly. 19 Q What did you know about him at that time? 20 A That he was in charge of the Weinstein Company. 21 Q Had you been at dinners or parties with him in the 22 past? 23 A 24 25 I had been to a couple of places where he had been, but I was not directly at his table. Q Did Claudia Salinas appear to know Harvey Weinstein? Page 2907 1 A Yes she did. 2 Q Did you have any substantive interactions or 3 conversations with Harvey Weinstein at that dinner in February 4 of 12? 5 A No. 6 Q Did you talk business with anybody at the party? 7 A Just Claudia. 8 Q What did you and Claudia discuss? 9 A I told her that I had been working on a script that I 10 wrote that was based on part of my life things, so I told her 11 about my script called Loretta and June, and she said it was 12 really a good idea. 13 Q And what was the script based on? 14 A My life a little. 15 Q Did you exchange contact information with anyone at the 16 dinner party? 17 A Claudia gave me her e-mail and her number. 18 Q I'm going to show you what has been marked as People's 19 13 for identification. 20 21 22 ( Handed to witness). Q Do you recognize People's Exhibit 13 for identification? 23 A Yes, I do. 24 Q What do you recognize that to be? 25 A It is Claudia Salinas and I at the dinner. Page 2908 1 Q Is that an actual photograph of you and Claudia 2 Salinas? 3 A Yes, she took it. 4 Q That photo was taken at that dinner in February 2012? 5 A Yes it was. 6 MS. HAST: 7 I would like to move into evidence People's 13. 8 THE COURT: 9 MR. CHERONIS: 10 THE COURT: Any objection? None. 13 is received into evidence. 11 Q 12 that? 13 A Claudia Salinas. 14 Q The person next to Claudia? 15 A That is me. 16 Q Directing your attention to a year later February of 17 The person on the far right in that photograph, who is 2013, did Claudia reach out to you about your script? 18 A Yes she did. 19 Q Can you describe that conversation for the jury? 20 A Claudia had contacted me and asked me to bring my 21 script. 22 MR. CHERONIS: 23 being offered for its truth, your Honor, hearsay. 24 25 Objection, as long as it is not THE COURT: Q Go ahead. Overruled, continue. Page 2909 1 A What was the question again. 2 Q Describe the conversation you and Claudia had back in 3 4 5 February of 2013? A She contacted me and said bring your script to have a meeting with me and Harvey Weinstein in the lobby of a hotel. 6 Q Did you agree to go? 7 A Yes I did. 8 Q Can you describe for the jury how you were feeling 9 10 about that invitation to meet Harvey Weinstein with your script? A I was excited, I got ready, and I put on my best dress 11 and I didn't, you know, I was excited to, you know, network and 12 pitch my ideas. 13 Q Did you actually bring a copy of your script? 14 A No. 15 Q Why not? 16 A It was not finished. 17 Q Did you bring anything with you? 18 A I brought my friend Ashley Ava's script that was 19 finished. 20 Q 21 Do you recall now where you went to meet Claudia and the defendant? 22 A Yes I do. 23 Q Where was that? 24 A That was at the Montage in Beverly Hills. 25 Q Do you recall now the date that you went for that Page 2910 1 meeting? 2 A It was February 19, 2013. 3 Q How do you recall that specific date, February 19th of 4 2013? 5 A From the beginning. 6 Q How do you recall now that the date of that meeting was 7 in fact February 19, 2013? 8 A Yes. 9 Q How do you know that? 10 A Okay, I went into my e-mail and I had an e-mail from 11 Barbara who works at the Weinstein Company who had wrote me 12 saying it was lovely meeting you yesterday. 13 your head shot and resume, and it was the 21st, so I met her on 14 the 20th and it happened to be on the 19th. I look forward to 15 Q Do you recall approximately what time the meeting was? 16 A With Barbara? 17 Q No, going back to February 19, 2013. Do you recall the 18 time the meeting was scheduled to meet with Harvey Weinstein and 19 Claudia? 20 A It was in the evening around 7:58 p.m. 21 Q Did you arrive at the Montage that evening? 22 A Yes I did. 23 Q Describe for the jury what happened when you initially 24 25 arrived at the Montage? A I went to the lobby and Claudia Salinas was there and Page 2911 1 sat down, and we were having conversation while we waited for 2 Harvey to come to the table in the lobby. 3 Q Did you order a drink? 4 A I did. 5 Q Do you recall what you had to drink? 6 A It was a gin and tonic. 7 Q Had you had anything to drink prior to that? 8 A No I didn't. 9 Q Did Harvey Weinstein in fact arrive at the bar? 10 A Yes. 11 Q Do you recall approximately how long you were there 12 with Claudia before he arrived? 13 A Maybe 10 minutes. 14 Q Describe what happened at that point? 15 A He sat down and he was on his phone and we started 16 discussing what ideas we had, and my script, and he said what 17 about Americans Next Top Model, and I said no, I don't want to 18 be on reality TV. 19 I didn't want to be on Americas Next Top Model, I was trying to 20 transition into acting, reality TV is not, I just don't know, it 21 was not what I wanted. 22 23 Q I would rather, you know, wait and, you know, Prior to Harvey Weinstein asking you about modeling, did you discuss your script with him? 24 A Yes. 25 Q Did you discuss your friend's script as well? Page 2912 1 A Yes. 2 Q Just how tall are you? 3 A I'm five eight and three fourths. 4 Q How much did you weigh back in 2013? 5 A Around 120. 6 Q How about Harvey Weinstein when he came to meet you 7 that night? 8 A How tall? 9 Q How tall and how much did he weigh approximately? 10 A Around my height, maybe a little taller and heavy, I 11 12 13 don't know how much. Q Do you see Harvey Weinstein in the courtroom here today? 14 A Yes. 15 Q Could you point to him and identify an article of 16 17 clothing he's wearing. A He's wearing tie that has stripes on it. 18 MS. HAST: 19 identified defendant. 20 21 22 The record could reflect the witness THE COURT: Q Very well, next question. I'm going to put up People's 86 on the screen. recognize any of the people in People's Exhibit 86? 23 A Yes. 24 Q Who? 25 A The far right is Harvey Weinstein. Do you Page 2913 1 Q Does that fairly and accurately depict what Harvey 2 Weinstein looked like when he met you at the Montage in February 3 of 2013? 4 A Yes. 5 Q While you were at, while you were at the bar having 6 conversations with the defendant, did you discuss any additional 7 meetings with him? 8 A Yes. 9 Q Can you just describe that? 10 A They set up, they said they were going to set up a 11 meeting with me and Barbara to talk about what we would do, how 12 we would pursue this, and that it would be the next day, the 13 next following morning. 14 15 Q I'm going to show you People's 159 first in evidence, do you recognize People's 159? 16 A Yes. 17 Q What do you recognize that to be? 18 A That is the bar at the Montage hotel. 19 Q Is that the bar where you were on February 19, 2013 20 when you met with the defendant and Claudia? 21 A Yes it is. 22 Q And showing you People's 160, do you recognize People's 23 Exhibit 160? 24 A Yes, I do. 25 Q What do you recognize that to be? Page 2914 1 A That is the Montage. 2 Q That is the lobby area of the montage? 3 A The lobby area. 4 Q Does that reflect what that area looked like when you 5 were there in 2013? 6 A Yes. 7 Q Did you recently visit the Montage? 8 A Yes. 9 Q Does the lobby and bar area still look like it did in 10 these photos from 2013? 11 A No it does not, it's been remodeled. 12 Q Now, did there come a time that you left that lobby bar 13 area? 14 A Yes. 15 Q Can you describe for the jury how that came about? 16 A Yes. 17 the bar. 18 script in Americas Next Top Model and he said lets finish this 19 conversation and follow me upstairs, I have to get ready to 20 present an award or accept an award with Quentin Tarantino so I 21 followed. 22 Q 23 So us three were sitting there at a table near We were having that conversation, disputing ideas and And you had said when the defendant initially arrived he was on his phone? 24 A Yes. 25 Q Was he on his phone at any point during the time you Page 2915 1 were having the conversation in the bar as well? 2 A Yes. 3 Q Can you describe that? 4 A He was kind of like looking down on his phone while I 5 was having the conversations with him. 6 about that and he was not really paying attention to me, and 7 just kind of kept pushing off everything I said, I kept arguing 8 it, thinking how you push something, you know. 9 Q I was so excited to talk What happened next at the point he said he had to give 10 the award to Quentin Tarantino or accept an award from Quentin 11 Tarantino? 12 A 13 We got up and started walking down the hallway towards the elevators. 14 Q Did you know where you were going at that point? 15 A No, I mean upstairs but I didn't know, I didn't know. 16 Q And where did you end up going to? 17 A We got into the elevator, we went up and we went down 18 the hallway and Harvey was there and Claudia and I followed 19 Harvey into a room. 20 Q During that time period from the bar down the hallway 21 in the elevator to the room, could you just describe the 22 positioning of yourself, the defendant, and Claudia? 23 A I was following Harvey and Claudia was behind me. 24 Q Was there any conversation between any of the three of 25 you during that walk? Page 2916 1 A Yes, we were still discussing and we were walking and 2 talking and discussing, you know, weighing the options of like 3 being a host or doing something like hosting. 4 go straight into film, so it was talking like that about film 5 stuff. You cannot just 6 Q What was the topic, the conversation? 7 A The Americas Next Top Model thing. 8 Q Who was conversing between the three of you? 9 A Me and Harvey. 10 Q What was that? 11 A Me and Harvey. 12 Q I'm going to remind you -- 13 A Me and Harvey, sorry. 14 Q What happened when you got to the door of the room? 15 A We went in. 16 Q Just describe what happens? 17 A So, I remember walking in, there being a wall with a 18 couch on it and it was a straight hall from where the door was 19 to the living room, and I remember it exactly because I went in, 20 I saw a living room then I followed him. 21 I followed him to the right and made a right, then I saw the 22 doorway and went through, it was open, through past the bedroom 23 and made another right which led me into another room which was 24 a bathroom. 25 Q He went to the right, Now, when you entered the hotel room, who all entered Page 2917 1 the hotel room? 2 A Harvey, me, and Claudia. 3 Q Can you describe the positioning of the three of you 4 when you entered the hotel room and walked the way you described 5 eventually ending in the bathroom? 6 7 8 9 10 11 A As I walked from the beginning of the room to the bathroom, Harvey stayed in front and Claudia stayed behind me. Q Was there still conversation between any of the three of you? A They were talking still, but at that point I just was kind of wondering where we were heading. 12 Q When you say they were still talking, who was talking? 13 A Harvey and Claudia. 14 Q What was the conversation at that point? 15 A It was still about the Americas Next Top Model. 16 Q I'm going to show you what is in evidence, I'll start 17 with People's 161, do you recognize People's 161? 18 A Yes, I do. 19 Q What do you recognize that to be? 20 A That is the hallway and the door. 21 Q At the point where you end up at that door, can you 22 23 24 25 describe the positioning of the three people? A So Harvey is in front, I'm in the middle, and Claudia is behind me. Q Who opens the door? Page 2918 1 A Harvey. 2 Q At the point that he's opening the door, is he still 3 talking to you? 4 A Yes. 5 Q Again, what is he talking to you about? 6 A Like hosting Americas Next Top Model. 7 Q People's Exhibit 162, do you recognize that photograph? 8 A Yes. 9 Q What is that photograph of? 10 A That is the living room. 11 Q So, would this be a photograph taken from the doorway 12 of the suite looking into the suite? 13 A Yes. 14 Q People's Exhibit 163, do you recognize that photograph? 15 A Yes. 16 Q What do you recognize that to be? 17 A That is the area I walked past as I walked in. 18 Q So, is this photograph taken from sort of inside the 19 20 suite looking back towards the entrance? A Yes, it is taken from the living room. 21 MS. HAST: I ask with the Court's permission for 22 you to approach and using that photograph, show the jury 23 how you were, the direction you went and again the order 24 and what was happening at that point? 25 A Okay. So I walked in from this door, I had made a Page 2919 1 quick right here and walked through this door, and then another 2 right into which is behind this wall there is a bathroom. 3 So I walked in, saw the living room and I walked right 4 and I kept walking following Harvey, and Claudia is behind me. 5 I walked in through the bedroom and into the bathroom following 6 Harvey. 7 Q Just for the record, the witness started at the far 8 right-hand side of that photograph and traced with her hand sort 9 of going across the center of the photograph into the doorway 10 that you see on the left hand side of the photograph. 11 12 Thank you. During that walk that you just described, was Harvey Weinstein still talking to you? 13 A Yes he was. 14 Q Again, what was he discussing at that point? 15 A Americas Next Top Model. 16 Q People's 164, do you recognize People's 164? 17 A Yes, I do. 18 Q What is that a photograph of? 19 A That is the entrance to the bedroom. 20 Q Can you see where the bathroom would be located in that 21 photograph? 22 A You cannot see it. 23 Q Where would it be? 24 A To that door that arcs way past the lamp on the right, 25 that is the bathroom entryway towards the bathroom. It is not Page 2920 1 the front door of the bathroom, like a little part of the 2 hallway partially, a closet I think, and the bathroom is another 3 right. 4 Q People's Exhibit 165, do you recognize that? 5 A Yes, that is the next right that I made towards the 6 bathroom. 7 Q And People's Exhibit 166, do you recognize that? 8 A Yes I do. 9 Q What is that? 10 A That is the little hallway to the bathroom. 11 Q And can you see the door frame of where the bathroom 13 A It is the second door frame on the right-hand side. 14 Q Again, as you were describing walking this path up to 12 15 is? that bathroom, what is the positioning of the three of you? 16 A 17 behind me. 18 Q 19 Harvey is in front of me, me, and Claudia is still Is Harvey Weinstein continuing to speak to you even up to that point? 20 A Yes. 21 Q Did you know you were going into the bathroom as you 22 were following Harvey Weinstein into that door frame? 23 A No I did not know. 24 Q Had you ever been in that hotel suite before? 25 A No. Page 2921 1 MS. HAST: 2 THE COURT: This might be a good time to break. All right Ms. Young, if you be good 3 enough to step down and wait for further instructions from 4 the District Attorney and make sure you are back here 5 before 2:15. 6 ( Witness exits courtroom). 7 THE COURT: All right jurors, we will take our 8 lunch recess. 9 admissions and instructions. 10 Please remain mindful of all my prior During this or any other recess, keep an open 11 mind. Do not form an opinion as to the guilt or innocence 12 of the defendant. 13 yourselves or with anyone else, and refrain from any and 14 all research or communication, electronic or otherwise 15 about anything whatsoever to do with the case. 16 lunch, see you back here before 2:15. Do not discuss this case among 17 ( Jury exits courtroom). 18 THE COURT: 19 ( Lunch recess taken) 20 21 22 23 24 25 All right 2:15, thank you. Have a good Page 2922 1 ( P.M session of February 5, 2020). 2 THE COURT: 3 Come to order, all parties are present including the defendant. The jury is entering. 4 COURT OFFICER: 5 ( Jury enters courtroom). 6 THE CLERK: 7 Jury entering. All jurors are present and properly seated. 8 MS. ILLUZZI: 9 THE COURT: 10 witness. Yes, thank you. Welcome back jurors, let's recall the Step up one second. 11 ( Conversation held off the record). 12 COURT OFFICER: 13 ( Witness enters courtroom). 14 THE COURT: Witness entering. Welcome back. I remind you that you 15 are still under oath. 16 there, take your time, adjust the microphone and please 17 resume your inquiry. 18 A The same rules apply, settle back in Thank you. 19 DIRECT EXAMINATION CONTINUED 20 BY MS. HAST: 21 Q Good afternoon. 22 A Good afternoon. 23 Q We left off this morning with you having followed the 24 25 defendant into a bathroom. A Correct. Page 2923 1 Q 2 bathroom? 3 A What point did you realize that you were headed into a Once I made that last right turn and was entering the 4 bathroom is when I realized. 5 the bathroom. 6 7 8 9 10 11 Q Again, what reason had the defendant given you for having left that bar area? A To continue our discussion about Americas Next Top Model. Q And did he indicate that he had somewhere to go at that point? 12 A 13 Tarantino. 14 Q 15 18 That he had to go accept an award with Quentin I'm going to put up on the screen briefly People's Exhibit 87 in evidence. 16 17 There was no other room outside of If you could describe for the jury what happened at the point you got to the bathroom? A So, I followed Harvey in and Claudia is behind me, and 19 as I step into the bathroom, there is a mirror straight ahead 20 and I look in it and behind me I see Claudia closing the door. 21 22 23 Harvey went straight to the left into the shower, opened it, turned it on and already started undressing. I turned around and the door was finishing being shut. 24 I stood there in shock. At first I nervously started laughing, 25 shaking my head, and I went to go towards the door to approach Page 2924 1 it, and he was already naked at that point. 2 ever seen anybody undress, and he stepped in front of me when I 3 went to approach the door with his naked body. 4 The quickest I've At that point he was right in front of me and the door 5 was right, his shower door was right behind him, and it was also 6 blocking the door to the bathroom, and I could see a shadow 7 through the door and underneath that someone, Claudia was still 8 standing there. 9 10 11 I don't know, it is just, I felt so trapped, and I was in shock, I just started backing up away from him. Q I'm going to pause you for one second. When you say 12 you felt trapped, can you describe for the jury what about the 13 situation that made you feel trapped? 14 A First, the fact that the girl had invited me and closed 15 the door and didn't come in and left me in there. 16 I realized I'm stuck here, somebody put me in here. 17 18 19 20 21 22 Q That is when Did you try to get out of the bathroom at that point when you saw the door close? A That is when I went to approach it and he stepped in front of me. Q So, at the point where you tried to approach the door, where is the defendant in relation to the door? 23 A Right next to it. The shower is right next to the 24 door. 25 was blocking the other door, so he was right next to it. So literally, if you open up the shower door it partially So the Page 2925 1 door was still opened, he just popped right there. 2 in front of me, in front of the door. 3 shower door, the other bathroom door, then Claudia behind with 4 the shadow. 5 6 7 Q He was right It was him, the glass You had said something about laughing. Can you just describe that reaction? A I never laughed being that scared in my life. I never 8 laughed that nervously. I just couldn't believe what was 9 happening to me, and I was really worried and scared that they 10 were going to hurt me or something, you know, I was terrified. 11 Q Describe what happens next? 12 A So, as I approached the door and he gets in front of 13 me, he starts no, we are just going to have a talk here. 14 just talking like it was nothing that he was naked, rinsing off 15 real quick, and I just come up here for just what I thought was 16 to continue a conversation, and he starts approaching me. 17 I'm backed up, I backed up towards the sinks, there are two 18 sinks. 19 We are And I was standing in the middle backed up against it, and 20 a the mirror is connected to the sinks. So now I'm backed up 21 against it and he starts coming closer to me. 22 because I did not want to look at his naked body and I, he came 23 behind me and unzipped my dress. So I turned He started pulling it down. 24 I was wearing a white dress with lace and another under 25 gown, the slip underneath it, and um, he unzipped it and started Page 2926 1 pulling it down, and turned me around. 2 masturbating and grasping my boob with his, my right breast with 3 his left hand and jerking off with his right hand saying how am 4 I going to know if you can act. 5 And then he was I said no, no, no the whole time, that I had a 6 boyfriend, that I was not interested. 7 side because the dress was pulled down towards my elbows and my 8 breasts were out. 9 10 At that point he went from grabbing my breast, my right breast to touching my vagina. 11 My hands were still down by my side, so I blocked him 12 with my hands. 13 the dress at my elbows. 14 block him from entering my body. 15 16 17 18 My hands were down to my Q I was like, I was like trapped by the sleeves of So my hands were, I put them there to Was he actually able to touch your vagina or were you able to block him from that? A He glanced it, but I blocked it, I went fast and I held myself. 19 Q What happens next? 20 A He goes back to grasping my breasts and he's squinting 21 at me like this. 22 MS. HAST: 23 24 25 The witness is making a facial expression where she's squinting her eyes. A And he continued to masturbate and ejaculated on the towel when he approached me, that he quickly dried off with and Page 2927 1 dropped as soon as he approached me, he ejaculated on to that 2 towel. 3 Q What happens next? 4 A He left the bathroom first, and I stayed standing there 5 in shock. 6 Q And then what did you do? 7 A I pulled up my dress, I don't even think I zipped it, 8 and I walked out the bathroom, and Claudia Salinas was standing 9 right there and Harvey had already went into his bedroom. 10 Q What did you do at that point? 11 A I shot her an evil look and I left as quick as I could 12 13 14 without saying anything. Q Prior to going into that bathroom, had you ever been alone with Harvey Weinstein before? 15 A Never in my life. 16 Q Were you sexually attracted to Harvey Weinstein? 17 A Never. 18 Q Did you have any romantic interest in Harvey Weinstein? 19 A Never. 20 Q Did you do anything to act like you were sexually or 21 romantically interested in Harvey Weinstein? 22 A No. 23 Q Do you remember what Harvey Weinstein was wearing as 24 25 you entered the bathroom? A Like a pants, belt, shirt, like a tie. Page 2928 1 2 Q Do you remember anything about his body at the point that he took off his clothes? 3 A Yes. 4 Q Can you describe that for the jury? 5 A I remember his body was hairy, had moles like on his 6 rolls, he had some rolls and he had kind of a disgusting looking 7 penis. 8 Q 9 mean? When you say that, could you just describe what you 10 MR. CHERONIS: 11 THE COURT: 12 A Objection. Overruled. It had looked like it had been cut and sewn back on, 13 not a normal looking scar from circumcision, it did not, 14 something didn't look normal. 15 I didn't really see balls in the sack, I just seen like, you 16 know, a penis. 17 18 Q And I remember noticing that, and Did you at some point in October of 2018 meet with people from the LAPD? 19 A Yes. 20 Q At that point, did you attempt to describe what you 21 just were describing to the jury? 22 A Yes. 23 Q Did they ask you to draw a picture of what you 24 25 remembered about the defendant's body? A Yes they did. Page 2929 1 2 Q I'm going to show you what I marked as People's Exhibit 90 for identification. 3 4 5 ( Handed to witness). Q Do you recognize People's Exhibit 90 for identification? 6 A Yes. 7 Q What do you recognize that to be? 8 A That is the drawing I drew for the police officers in 9 10 11 the office that day. Q Does that fairly and accurately depict what you remember about the defendant's body from February 19, 2013? 12 MR. CHERONIS: 13 Object, a prior consistent statement. 14 THE COURT: Overruled. 15 A What was the question? 16 Q Does that fairly and accurately -- 17 A Yes, it does. 18 19 MS. HAST: I would like to move into evidence People's Exhibit 90. 20 MR. CHERONIS: 21 THE COURT: 22 23 Same objection. People's 90 is received into evidence. MS. HAST: If we can do the same and pass that to 24 the members of the jury, and I ask you keep it down as you 25 are viewing it. Page 2930 1 2 3 ( Past around the jury). Q Lauren, did you recently find the dress and the slip that you were wearing that night back on February 19, 2013? 4 A Yes I did. 5 Q Can you describe for the jury how you came about 6 7 finding it? A So, I moved across the country two years ago and packed 8 everything in my U-haul and left. I did not really look through 9 anything before I left L.A, so it's been crazy, I've been 10 dealing with all these calls and meetings. 11 the time to dig through my whole place and every box. 12 And finally got to I found the dress and I put it in a bag and the slip 13 was separate from the lacy part and the string that went around 14 the waist was in the top of my dresser, and I have been looking 15 for the rest of it. 16 I didn't know if I had thrown it out or kept it. I 17 swore I did not throw it out, I knew I never wore it again 18 because it had a bad memory, why would I wear that dress again. 19 MR. CHERONIS: 20 THE COURT: 21 22 A Objection. Overruled. So I found it this weekend before I came to New York and I let them know. 23 Q Did you bring it to the District Attorney's Office? 24 A Yes I did. 25 Q Were photographs taken of it? Page 2931 1 A Yes. 2 Q I'm going to show you what I marked as Exhibit 83 3 through 85. 4 ( Handed to witness). 5 Q Do you recognize People's Exhibits 83 through 85? 6 A Yes, I do. 7 Q What do you recognize those to be? 8 A This is my dress that I wore the night of the event 9 10 11 12 13 14 15 that happened. Q Do those photographs fairly and accurately depict what the dress looked like when you wore it on February 19th of 2013? A It's a little crinkled, a little wrinkled, I have not washed it, it is still dirty. Q In those photographs, is the slip sort of taken separated from the dress? 16 A Yes. 17 Q When you were actually wearing it, you had the slip on 18 19 underneath the lace dress? A 20 Correct. MS. HAST: 21 I would like to move into evidence 83 through 85. 22 MR. CHERONIS: 23 THE COURT: 24 25 Q No objection. Received into evidence. I'm going to pass up quickly some additional photos, this is Exhibit 167, 14, 168 and 169, and I believe they are all Page 2932 1 admitted into evidence except for Exhibit 14. 2 So I'm going to pass those up to you. 3 show the pictures first. 4 describe what is in that photograph? Sorry, let me Looking first at People's 85, can you 5 A This one on the screen? 6 Q Yes. 7 A That is the slip and the string and folded up on the 8 top right is the lace, the top. 9 Q That slip was underneath the dress? 10 A That was the slip underneath the dress. 11 Q The lace part, the string part, that was tied around 12 13 14 your waist? A Yeah, on the lace part though, there is a little hook for it. 15 Q People's 83, what is that? 16 A That is the lace of the dress, the outside of the 17 dress. 18 Q Is that sort of the front view of that dress? 19 A That could be the back, I'm not sure if that is the 20 front or back, but you could see the line through it, that is a 21 zipper. 22 Q Looking at People's 84, what is that a photograph of? 23 A That is the zipper. 24 Q That is just a close-up of the back of the dress where 25 the zipper was? Page 2933 1 A Yes, that is called an invisible zipper. 2 Q So focusing on the photographs I just handed you, do 3 you recognize those photographs? 4 A Yes. 5 Q What do you recognize those photographs to be? 6 A This is the bathroom of the Montage Hotel. 7 Q Focusing, look on the back specifically to People's 8 9 Exhibit 14, you see that? A Is there a number on them? 10 11 12 13 MS. HAST: Q On the back. Does People's 14 fairly and accurately depict a portion of the bathroom how it looked back on February 13, 2013? A 13, yes, it does. 14 MS. HAST: I would like to move into evidence 15 People's Exhibit 14 as well. 16 MR. CHERONIS: 17 THE COURT: 18 19 Q No objection. 14 is received into evidence. Starting with People's Exhibit 167, can you describe what that is a picture of? 20 A That is the door of the bathroom, the entrance door. 21 Q So, in that picture, you would be approaching that door 22 from like the bottom of the picture and taking a right like into 23 the bathroom? 24 A Yes. 25 Q Again, at what point using that picture, do you realize Page 2934 1 2 3 4 5 6 you actually entered a bathroom with the defendant? A After I started following him, he opened it and walked in and I started walking in realizing this is just a bathroom. Q People's Exhibit 169, sorry, put up 14 first. If you could describe what the view is here? A That is the glass shower, and it is taken from the 7 doorway entrance, the picture, that is the glass shower and the 8 tub and to the right is the sink and the mirror. 9 Q If you could just describe again using that photograph 10 the point when you followed the defendant into the bathroom, 11 what did he do? 12 13 A He immediately opened up that door to the shower on the left and turned on the water and started undressing himself. 14 MR. CHERONIS: What, sorry? 15 A Undressing himself. 16 Q Did he actually get into the shower? 17 A He did. 18 Q And for how long did that -- 19 A Two seconds, brief rinse. 20 Q Where were you at that point? 21 A I walked in and he's unchanging, and I'm by the sink, 22 23 24 25 by the mirror. Q So, I'm going to show you now People's Exhibit 169. Can you describe what this is a photograph of? A This is the view from the shower what he would have Page 2935 1 2 seen looking at me. Q So, at the point that you get into the bathroom, just 3 describe, using that picture, where you go and where he is in 4 relation to you, you can get down if you want to use the 5 photograph. 6 A So, I walked in from this doorway which is here. This 7 door opened and he rinsed as I'm walking, like there is no other 8 exit. 9 and I stand here on the rug by the sink backed up against this. I started realizing I'm trapped, so I walked straight in 10 Q Is there a point that you try to get out of that door? 11 A Yes, I was standing here and he was naked and rinsing. 12 And I wanted to leave, so I approached the door and he 13 approached the door. 14 point, this was over it, so I approached. 15 Q 16 Like this was all the way closed at this One second, I'm going to pause one second. MS. HAST: The with witness is indicating the door 17 to the bathroom on the far right-hand side of the 18 photograph slightly open here, was closed at that point and 19 the shower door was more fully open against the main door. 20 A He never shut the shower door. 21 approach the door. 22 talk, I'm leaving, no. 23 come on, we are just going to have a nice talk. 24 to know if you can act. 25 He's naked rinsing. So I went to go I'm not just going to He got right in front of me and said no, How am I going He started approaching me, getting closer to me and I Page 2936 1 said no, no, no. 2 I was in shock. 3 4 Q I turned around, put my hands on the sink and The point you were turned around with your hands on the sink, could you see anything going on behind you in the mirror? 5 A He was approaching me. 6 Q What is the next thing that you or he does? 7 A He unzipped and pulled down the back of my dress. 8 Q At that point are either of you saying anything? 9 A I'm saying no, no, no and he's just carrying on with 10 11 12 normal conversation. Q And at the point, you can sit down again, thank you. I'm going to take you back one more moment. 13 14 This is what all actresses do to make it. At the point that you were attempting to get to the door, could you see any shadows or anything in that glass door? 15 A Yes. 16 Q Can you describe that? 17 A I could see a body figure, the shape of Claudia 18 19 20 standing outside and the shadow underneath too. Q That main door, is that a door that is sort of opaque where you can see shadows from outside of the door? 21 A Yes. 22 Q And you could again, at the point you are facing the 23 mirror with your hands on the vanity, what is the next thing 24 that happens? 25 A He unzipped, there was a top button above the zipper Page 2937 1 thing, just like poof. 2 Q Keep your voice up. 3 A So he unhooked the top hooked part and unzipped it real 4 quick. He turned me around and -- 5 Q Describe how he did that, how he turned you around? 6 A He turned me around with both arms. 7 MS. HAST: Let the record reflect the witness has 8 both her hands sort of up at chest level in a graspy motion 9 and sort of showed a motion of moving her arms towards the, 10 11 12 I guess the right. Q At that point, were his hands on your bare arms or were they on the dress at that point? 13 A He pulled it down and it was on my bare arms. 14 Q What happens next? 15 A He turned me around and grabbed my breast. 16 Q Where were you positioned at the point he was grabbing 17 your breast? 18 A Pushed up against the sink. 19 Q Just, if you could describe what he was doing with 20 21 22 respect to your breast? A He was pinching my nipple and grabbing hard on my breast so I could not move. 23 Q Did you feel any pain? 24 A Yes. 25 Q At what point does he let go of your breast? Page 2938 1 A When he finished. 2 Q I'm going to show you People's 168. 3 4 5 6 7 Can you describe what that picture is of? A That is a picture of the shower door all the way opened in the bathroom entrance door all the way closed. Q So, is that a picture from the vantage point of where you were standing when you went back towards the vanity? 8 A It looks actually a little closer. 9 Q And so is that how -- 10 A You can -- 11 Q The bathroom door and shower door was positioned at the 12 point you went to try to get out of the bathroom? 13 A That is the exact position. 14 Q After you got out of the bathroom, can you describe 15 what you did next? 16 A I left. 17 Q Where did you go? 18 A I got in my car and I drove back home to the westside 19 of Los Angeles, Venice Beach, and I went to my best friend's 20 apartment which was in the same building of mine, and two of my 21 best friends were there. 22 Q Who were they? 23 A Ryan Beaty and Carol Liter. 24 Q Did you tell them what happened to you? 25 A Yes, I did. Page 2939 1 2 Q Can you just describe your demeanor at that point when you got home? 3 A In tears, traumatized and scared. 4 Q What was that? 5 A Scared, terrified, paranoid at that point. I was 6 really scared, I just had to tell them everything that just 7 happened to me. 8 Q Did you call the police? 9 A No. 10 Q Why not? 11 A Because he has power, I didn't know what kind of power 12 13 and I was scared. Q Now, you had described a conversation at the bar prior 14 to going up in the room where there was a meeting planned with 15 somebody named Barbara? 16 A Yes. 17 Q When was that meeting planned for? 18 A The very next morning. 19 Q Where was that meeting planned to take place? 20 A At Barbara's office which was the Weinstein Company 21 building. 22 Q Do you recall exactly where that was? 23 A Not the exact address, but in Los Angeles. 24 Q Did you go to the meeting? 25 A Yes I did. Page 2940 1 Q Why? 2 A I wanted to confront the issue. 3 Q When you say confront the issue, what were you 4 5 6 intending to do? A I thought maybe Harvey would be there and I was going to tell him off. 7 Q Did you go alone or with someone else? 8 A I went alone. 9 Q Can you describe what happened when you arrived at the 10 offices? 11 A 12 I walked into the lobby and Claudia Salinas was there waiting for me. 13 Q Did you have any exchange with Claudia? 14 A I told her don't f'ing look at me, don't talk to me. 15 Q Then what happened? 16 A I went into the meeting with Barbara. 17 Q Was Harvey Weinstein at the meeting? 18 A No. 19 Q Was anybody else in the meeting besides yourself and 20 Barbara? 21 A No. 22 Q Where was Claudia at the point that you had the 23 meeting? 24 A Outside the door. 25 Q If you could just describe that meeting? Page 2941 1 A 2 Top Model. 3 rest of the crew. 4 Barbara told me that I would be great for Americas Next They set it up I would win and they would cast the That is how it was set up. I said that is not what I want, how about the script I 5 wrote or my friend's, can we possibly work with that or maybe 6 something else. 7 She said no, no, no. I said okay, I'll think about it 8 and I just was like I don't really want to do that, I don't want 9 to do reality TV, I'm sorry no. 10 11 12 if she like was part of that. Q Did you tell Barbara about what had happened the night before? 13 A No I didn't. 14 Q Why not? 15 MR. CHERONIS: 16 THE COURT: 17 18 19 Q At that point, was Claudia Salinas still right outside at that meeting? A Yes. MR. CHERONIS: 21 THE COURT: 23 Objection, relevance. Sustained. 20 22 And I was scared, I didn't know Q Objection, speculation. Overruled. Did the defendant or the Weinstein Company reach out to you again after that meeting? 24 A Yes they did. 25 Q Who? Page 2942 1 2 A Barbara again on a Weinstein e-mail, company e-mail thing. 3 Q Did you respond to the e-mail from Barbara? 4 A No. 5 Q Why not? 6 A I didn't want that job, I didn't want anything to do 7 with any of them. 8 Q Did you receive a follow-up meeting e-mail from Barbara 9 as well? 10 A Yes. 11 Q Did you respond to that follow-up e-mail? 12 A No. 13 Q I'm going to show you what I marked as People's 235 for 14 identification. 15 ( Handed to witness). 16 Q Do you recognize People's 235 for identification? 17 A Yes, I do. 18 Q What do you recognize that to be? 19 A This is the e-mail from Barbara. 20 Q Those are the e-mails that you received that you did 21 22 not respond to? A Yes. 23 24 25 MS. HAST: I'm going to seek to admit People's 235. MR. CHERONIS: No objection. Page 2943 1 THE COURT: 2 MS. HAST: 3 4 Q 235 is received into evidence. I'm going to publish that. The first e-mail you received front Barbara was Thursday February 21st, Thursday February 21, 2013 at 1:24 p.m. 5 A Correct. 6 Q If you could just read that e-mail. 7 A Lauren, really cool to meet you yesterday. 8 forward working together. 9 head shot and resume when you have a chance. Looking As a reminder, please send over your 10 Q You did not respond to that e-mail? 11 A No. 12 Q Zoom in on the second e-mail. 13 dated March 4, 2013 at 1949 hours. 14 e-mail from Barbara as well? Best Barbara. The second e-mail is If you could read that 15 A Hi, never heard back, hope all is well. 16 Q Again, did you respond to that e-mail? 17 A No. 18 Q Did you get invited to a Weinstein event following the 19 incident on February 19, 2013? 20 A Yes I did. 21 Q Was that for the weekend right after? 22 A The following weekend. 23 Q February 24th of 2013? 24 A Maybe the 23rd. 25 Q So the weekend after the incident? Best Barbara. Page 2944 1 A Yes. 2 Q Did you go to that event? 3 A No. 4 Q Why not? 5 A I didn't want to. 6 Q Did you ever speak to Claudia again? 7 A Briefly. 8 Q At what point? 9 A After I already reported this incident to the police. 10 MR. CHERONIS: 11 THE COURT: 12 13 Q Objection. Overruled as to that much. What about the defendant, did you ever speak to him again? 14 A No. 15 Q Were you ever in the same room with him again until 16 this moment? 17 A No. 18 Q Directing your attention to October of 2017. 19 reach out to some hotlines, police hotlines at that time? 20 MR. CHERONIS: 21 THE COURT: 22 Did you Q Objection, relevance. Sustained. Directing your attention to October, 2017. Did you 23 speak with people from the Manhattan District Attorney's Office 24 as well as the LAPD and the L.A District Attorney? 25 A Yes I did. Page 2945 1 Q Did you speak to any reporters at that time? 2 A No. 3 Q Have you ever made any public statement about what 4 happened to you? 5 A No I did not. 6 Q When you initially spoke to law enforcement, did you 7 believe that the door between the bathroom and bedroom were 8 actually a sliding door? 9 MR. CHERONIS: 10 THE COURT: Objection. Overruled. 11 A Yes, at first. 12 Q Did you also believe that you actually managed to get 13 14 to the doorknob initially? A Yes, I believed that at first. 15 MR. CHERONIS: 16 witness. 17 18 19 Objection, impeaching her own THE COURT: Q Sustained as to that. Did you initially remember where, what hotel the incident had happened at? 20 A No I didn't. 21 Q Did you make some attempt to try to figure it out? 22 A Yes I did. 23 Q Can you just describe the initial attempts that you 24 made? 25 A I went to L.A, I flew out there for my birthday. And Page 2946 1 during that trip I decided I needed to retrace my steps, so I 2 went around to just hotels in L.A and Beverly Hills in that 3 area, and I checked the lobbies because you know, I'm not going 4 to go up in the rooms, I just checked the lobbies to see. 5 6 Q When you checked the lobbies, were you able to figure out what hotel it was at that point? 7 A No. 8 Q Directing your attention to November, 2019. 9 Did you go with members of the Manhattan District Attorney's Office and the 10 L.A. D.A's Office to view actual hotel rooms in some of the 11 hotels? 12 A Yes, I did. 13 Q Did you initially view several rooms at the Beverly 14 Hills Hilton? 15 A Yes, I did. 16 Q Did those bathrooms have sliding doors that separated 17 the bathroom from the bedroom areas? 18 MR. CHERONIS: 19 THE COURT: 20 21 22 23 24 25 A Objection. Overruled? They did. ( Continued on next page). Page 2947 1 2 (Continued from the previous page.) Q Was the layout of any of those rooms the same as the 3 room that you were in with Harvey Weinstein and Claudia on 4 February 19th, 2013? 5 A No. 6 Q And did you view several different suites at that 7 hotel? 8 A Yes, I did. 9 Q Did you then go view a suite at the Montage? 10 A Yes, I did. 11 Q And was that suite the photos that we just viewed 12 earlier in your testimony? 13 A Yes, these are -- that's the room. 14 Q Did you recognize the layout of that suite? 15 A Yes, I did. 16 Q Did you actually go into the bathroom of that suite? 17 A Yes, I did. 18 Q Can you describe what happened when you got to that 19 bathroom? 20 MR. CHERONIS: 21 THE COURT: 22 THE WITNESS: Objection. Overruled. When I walked in that bathroom I 23 knew that that's the room -- that's the -- even just the 24 first three rights I knew. 25 started crying. When I got in that bathroom I Page 2948 1 2 I took a moment and I asked everyone to let me cry in piece and I finally found -- 3 MR. CHERONIS: 4 THE WITNESS: 5 THE COURT: 6 THE WITNESS: 7 And I finally found the room. Overruled. So I felt relief. MR. CHERONIS: 9 THE COURT: 11 I finally knew what I remembered was right. 8 10 Objection. Objection. Overruled. BY MS. HAST: Q Did you go inside the bathroom and think back to when 12 you were in that bathroom with Harvey Weinstein on February 13 19th, 2013? 14 MR. CHERONIS: 15 THE WITNESS: 16 THE COURT: 17 18 Q Objection. Yes. Overruled. And at that point did you realize you had confused some of the details of the bathroom? 19 A Yes, I did. 20 Q Can you just describe that for the jury? 21 A So when I got into that bathroom I realized there was 22 a sliding door but it wasn't the main entrance. 23 toilet room was the sliding door. 24 25 Q It was the And what about -- with respect to the shower door and the main door? Page 2949 1 2 A I couldn't have reached for the handle of the door and touched it actually because the other door was in the way. 3 MR. CHERONIS: 4 THE COURT: 5 6 Q Objection. Overruled. And has anybody ever shown you pictures of Harvey Weinstein without clothes on? 7 A No. 8 Q Have you ever seen Harvey Weinstein in photographs or 9 otherwise without clothes on, other than on February 19th, 10 2013? 11 A No. 12 Q Again, have you seen Harvey Weinstein since February 13 19th, 2013? 14 MR. CHERONIS: 15 THE WITNESS: 16 THE COURT: Asked and answered. No. Overruled. 17 Q Do you know somebody named Jessica Mann? 18 A No. 19 Q Do you know someone named Mimi Haley? 20 A No. 21 Q Do you know somebody named Annabella Sciorra? 22 A No. 23 Q Do you know somebody named Tarale Wulff? 24 A No. 25 Q Do you know somebody named Dawn Dunning? Page 2950 1 A No. 2 Q Are you suing Harvey Weinstein? 3 A No. 4 MS. HAST: 5 THE COURT: 6 CROSS-EXAMINATION 7 BY MR. CHERONIS: 8 Q 9 No further questions. Mr. Cheronis. Good afternoon, Ms. Young. Do you know someone named Gloria Allred? 10 A Yes, I do. 11 Q She's your lawyer, right? 12 A Yes. 13 Q How long has she been your lawyer for? 14 A Not very long. 15 Q How long? 16 A Since November. 17 Q Since November. 19 A I contacted her. 20 Q And you haven't paid her to be your lawyer, have you? 21 A No. 18 Did she contact you? 22 23 Did you contact her? THE COURT: Mr. Cheronis, the Jurors want a break. 24 MR. CHERONIS: 25 THE COURT: Oh, sure. All right, Ms. Young, if you would be Page 2951 1 good enough to step down and wait in the witness room. 2 (Witness is excused.) 3 THE COURT: 4 Mr. Cheronis. (Discussion is held at the bench.) 5 THE COURT: All right. So, Jurors, before we 6 take a break, you have heard evidence during this trial 7 that the defendant had certain sexual and other 8 interactions with other people including with Lauren Young. 9 These witnesses and this witness is not and are 10 not the complaining witnesses in the indictment and I will 11 now again explain how this evidence is to be considered by 12 you. 13 This evidence was not offered and must not be 14 considered for the purpose of proving that the defendant 15 had a propensity or predisposition to commit the crimes 16 charged in this case. 17 It was offered as evidence for your consideration 18 on the question of whether the defendant intended to 19 forcibly compel the complaining witnesses in the indictment 20 to engage in the sexual acts and whether each of those 21 complaining witnesses consented to those sexual acts. 22 23 24 25 If you find the evidence believable, you may consider it for those limited purposes and for no other. We will take a brief recess. in a few minutes. See you back here Page 2952 1 Please remain mindful of all of my prior 2 admonitions and instructions during this or any other 3 recess. Have a good break. 4 (The jury exited the courtroom and the 5 following occurred:) 6 THE COURT: All right. So the witness is not in 7 the courtroom. 8 called Mr. Cheronis up to the bench to ask him -- to make 9 certain that he wanted me to read the Molineux instruction 10 at this juncture. 11 12 The Jury has just left and I had just And since he did, I did. Have a good break. See you back here in a few minutes. 13 (Short recess is taken.) 14 COURT OFFICER: 15 THE COURT: 16 Jury entering. Okay. The Jury is entering. (The Jury entered the courtroom and the 17 following occurred:) 18 THE CLERK: All Jurors are present and properly 20 THE COURT: All right. 21 The witness is entering. 22 (Witness enters the courtroom.) 23 THE COURT: 24 You are still under oath. 19 25 seated. Okay. Welcome back Jurors. Welcome back, Ms. Young. The same rules apply. Just settle back in and once you have settled in, Mr. Page 2953 1 Cheronis, will resume his cross-examination. 2 MR. CHERONIS: 3 THE COURT: 4 5 6 May I proceed? Please. BY MR. CHERONIS: Q Ms. Young, before we broke, I was asking you some questions about Ms. Allred. 7 She's your new attorney, right? 8 A Yes. 9 Q And you do know she represents other individuals 10 involved in this case, right? 11 MS. HAST: Objection. 12 THE COURT: 13 THE WITNESS: Overruled. Yes. 14 Q You know that, right? 15 A I don't know who they are. 16 Q You have no clue? 17 A Um, um. 18 Q And you know that she's an attorney, she's a civil 19 attorney, right? 20 A 21 her job. 22 Q Yes, she sues people for a living? 23 A I hired her to know my rights. 24 Q Well, you didn't hire her, she's working pro bono for 25 I have heard that, yes. you, right? That's what she does. That's Page 2954 1 A Yes. 2 Q Have you talked at all about filing a lawsuit? 3 A No. 4 Q It's not anything you are considering? 5 A No. 6 Q Do you remember back when you went to law enforcement 7 initially, you talked about being worried about the statute of 8 limitations? 9 Do you remember that? 10 A Yes. 11 Q You were talking about the criminal statute of 12 13 14 limitations not the civil? A At that point, I was asking questions. didn't have a lawyer. I didn't -- I I didn't know any information. 15 Q You had a lawyer pretty early on, didn't you? 16 A No. 17 Q You didn't? 18 A No. 19 Q You didn't consult any attorneys? 20 A I talked to a friend. 21 Q Okay. 22 A I don't know. 23 Q All right. Was that a civil attorney? You told the Members of the Jury that 24 after the incident at the Montage and then after the meeting 25 with Ms. Schneeweiss you were invited to a Weinstein party, do Page 2955 1 you remember that? 2 A Well, yes, I remember that. 3 Q And you said you didn't go? 4 A No, I didn't go. 5 Q Because you didn't want to have anything to do with 6 them, right? 7 A Uh-hum. 8 Q I will show you what I have marked as quadruple W. 9 Do you see those? 10 A Yes, I do. 11 Q Does that appear to be the invite and your response on 12 the next page? 13 A Yes. 14 Q Is that a true and accurate depiction of those emails? 15 A Yes. 16 MR. CHERONIS: 17 Honor, and received into evidence. 18 THE COURT: 19 MS. HAST: 20 THE COURT: 21 quadruple W. 22 BY MR. CHERONIS: 23 Q I ask that they be published, Your Any objection? No objection. Those are received into evidence So the first page of that was an invitation from Bob 24 and Harvey Weinstein to an event on Saturday, February 23rd of 25 2013, right? Page 2956 1 A Yes. 2 Q And you are alleging that this incident with you and 3 Mr. Weinstein occurred on the 19th, right? 4 A Yes. 5 Q And that's your response to The Weinstein Company, 6 correct? 7 A Correct. 8 Q Yes, I am attending with an explanation point. 9 10 Mary Young, please add to the list. Please let know if I can bring one guest; if not, that is also okay. 11 Lauren Thanks. You wrote that, right? 12 A Yes, I wrote that. 13 Q And is it your testimony that that was just a joke a 14 ruse? 15 A There was no intent to go. 16 Q Then why did you ask for a plus one? 17 A I just wrote them to kindly reply without -- like, I 18 was so worried that at this point that I just said, yes and 19 wasn't going to go because I was worried. 20 Q You were worried but you said earlier that you wanted 21 to go to America's Next Top Model to maybe confront Harvey 22 Weinstein, right? 23 24 25 Is that what you told the Members of the Jury? A I thought maybe that person would be there, they weren't there. Page 2957 1 2 Q You weren't worried if you were going to go confront Mr. Weinstein as you say, right? 3 A Excuse me. 4 Q Well, you are saying you sent this, and if I am What did you ask me? 5 following you, you sent this email because you were worried, 6 right? 7 8 A I had no intention of going. I sent this email as a way to safely feel safe. 9 Q And add the plus one as well, right? 10 A Yep, I said that. 11 Q And you testified that the day after this alleged That's exactly what I said. 12 incident that you are testifying about you went to a meeting 13 with Barbara Schneeweiss, right? 14 A Prior. 15 Q The day prior to that? 16 A Not the day prior to this. 17 Q The 20th you went there, right? 18 A Yes. 19 Q And you told the Members of the Jury that it was a It was on the 20th. 20 meeting for America's Next Top Model or at least that was your 21 understanding? 22 23 A Not just America's Next Top Model, to discuss my options. 24 Q And to discuss your script, right? 25 A Yeah, any options. Page 2958 1 Q Okay. And so, the day after you are alleging this 2 occurred in the bathroom, you went to a meeting at a Weinstein 3 Company office, right? 4 A Yes. 5 Q And you met with Barbara Schneeweiss. 6 A Yes. 7 Q And you talked about America's Next Top Model? 8 A Yes. 9 Q And you talked about scripts you were developing? 10 A She didn't really -- wasn't about the scripts. She 11 was only -- she said that she was a person that was working 12 with America's Next Top Model. 13 14 Q Do you think Mr. Weinstein has any connection with, to America's Next Top Model? 15 A From what I thought, yes. 16 Q And so, at that meeting, after this event that you are 17 testifying to, you sat down with Barbara Schneeweiss? 18 A Yes. 19 Q And you had a conversation with her about America's 20 Next Top Model? 21 A Correct. 22 Q How long was that meeting? 23 A Not very long. 24 Q Do you remember how long? 25 A Less than an hour. Page 2959 1 Q So less than an hour, 50 minutes? 2 A Probably half an hour. 3 Q You had a good conversation with her? 4 A It wasn't that long. 5 Q And the email that the state showed earlier basically 6 said, great to meet you, please send me some headshots right? 7 A Uh-hum. 8 Q Is that a yes? 9 A Yes. 10 Q Because the two of you were discussing you potentially 11 being a model, right? 12 A Not a model, just working with them. 13 Q And was that something you were interested in on the 14 20th of February of 2013? 15 A I wasn't interested anymore. 16 Q Okay. 17 But you sat there and you sat through the meeting, right? 18 A Yes. 19 Q And then the following couple of days you received an 20 invite to a Weinstein party, right? 21 A Yes. 22 Q And then you sent that response that we are looking at 23 right now? 24 A Yes. 25 Q Now, you testified that you were in Cannes, I believe, Page 2960 1 when you initially met Mr. Weinstein? 2 A I never met him that night, no. 3 Q You saw him there though? 4 A Yes. 5 Q And what year was that? 6 A 2011. 7 Q All right. 8 A No. 9 Q Well, you have gone through a bunch of your own emails 10 Could it have been 2012? in this case, haven't you? 11 A Yes. 12 Q You reviewed them? 13 A Yes. 14 Q And you have talked to detectives about them, haven't 16 A I have given them what I could. 17 Q And you have talked to prosecutors about them as well, 15 18 you? haven't you? 19 A About my emails? 20 Q Yes. 21 A Yes. 22 Q So Ms. Hast asked you a question about the initial 23 meeting that you had with Mr. Weinstein or the initial dinner, 24 I should say, that you had with Mr. Weinstein at Mr. C's. 25 Do you remember those questions? Page 2961 1 A Not off the top of my head. 2 Q She just asked you if there was a, sort of an Oscar 3 dinner party, at Mr. C's. Do you remember that? 4 A Yes. 5 Q And you went to that party, didn't you, that dinner? 6 A The dinner party, yes. 7 Q And according to you, that was the dinner party where 8 you initially, actually, met Harvey Weinstein, right? 9 A Yes. 10 Q Okay. 11 And that's also the party where you met Claudia Salanis, right? 12 A Yes. 13 Q And there was an individual named Stefano who was 14 somehow involved in the meeting, right? 15 A Yes, he invited me. 16 Q He invited you. I am going to try to ask you some 17 questions about your timeline if I can. 18 some documents. 19 20 I am going to show you what I will mark as quadruple X. If you can take a look at both of those. 21 22 I am going to show you Those appear to be emails that you actually shared with law enforcement at some point? 23 A Yes. 24 Q Do those appear to be true and accurate depictions of 25 those emails? Page 2962 1 A Yes. 2 MR. CHERONIS: Your Honor, I ask that the 3 identification be stricken and they be admitted into 4 evidence. 5 THE COURT: 6 MS. HAST: 7 THE COURT: 8 9 10 Any objection? No. Okay. Quadruple X is received into evidence. BY MR. CHERONIS: Q 11 If we can publish that. So this is an email in January of 2012, between an 12 individual named Francesco and back and forth with you, 13 correct? 14 A Yes. 15 Q And it initially says, hello Lauren, how are you? 16 I am in Park City now for Sundance and I will come to 17 LA on Thursday for a few days. 18 other. Are you there? Let's see each Ciao, Francesco, right? 19 A Correct. 20 Q And then there is some back and forth and at some 21 point on January 30, 2012, it says, hey, we are with Stefan, 22 Harvey Weinstein and others at Mr. Chow in Beverly Hills 23 tonight. 24 25 Do you want to join? Ciao, Francesco. Did you read that correctly? A Yes. Page 2963 1 Q 2 time? 3 Beach at the moment at my apartment. 4 And there your response at top is, hello, sure. What I am with my friend Marina, gorgeous, we are in Venus Is there an address? Right, so that's you talking to somebody about that 5 dinner at Mr. Chow with Mr. Weinstein that the state asked you 6 questions about, right? 7 A Yes, Francesco. 8 Q But Stefano was mentioned in that email, wasn't he? 9 A Yes. 10 Q And that led to the actual meeting where you met 11 Claudia Salanis, right? 12 A That invite? 13 Q Yeah, Mr. C's, when you went there. 14 MS. HAST: 15 Objection. 16 17 18 Q You have to be more specific. You testified that you went to a dinner at Mr. C's with Harvey Weinstein? A Yes but that's not the same invite. I briefly stopped 19 by where they were having something with my friend. 20 somewhere else. 21 Q We went We didn't stay very long, very brief. When you testified on direct examination you said that 22 in 2012, you had a meeting with Mr. Weinstein, a dinner, at Mr. 23 C's, do you recall that? 24 A Yes. 25 Q And I will show you what I will mark as quadruple Y. Page 2964 1 If I can just use the ELMO it's probably going to be quicker. 2 3 MS. HAST: Q 4 5 You have to show it to me. If I can show you these four documents. Those appear to be emails that you sent and information about Claudia Salanis as well? 6 A Yes. 7 Q And those appear to be true and accurate depictions of 8 your emails and a message you received from Ms. Salanis? 9 A From Ms. Salanis? 10 Q Yes. 11 A The email? 12 Q The photos. 13 A The photo is from Claudia, yes. 14 15 The photos? MR. CHERONIS: stricken and those be moved into evidence, Judge. 16 THE COURT: 17 MS. HAST: 18 THE COURT: 19 evidence. Any objection? No. Quadruple Y are received into It's an email plus three photos? 20 MS. HAST: 21 MR. CHERONIS: 22 THE COURT: 23 MR. CHERONIS: 24 25 I ask that the identification be That's -Yes. Yes. Email plus three photos. There is an email, two photos and sort of the attachment for the photos. THE COURT: Okay. Page 2965 1 2 3 BY MR. CHERONIS: Q All right. So there is an email that was introduced into evidence that says, Lauren, how are you? 4 You are invited tomorrow night, Thursday the 23rd to 5 Harvey Weinstein's private Oscar dinner at Mr. C's. 6 arrive at 10, 10:15 and ask about the party. 7 anyway. 8 Kiss, Stefano, right? It will be great to see. Just I will be there I hope you can make it. 9 A Correct. 10 Q And then that is the dinner that you actually went to? 11 A That's the dinner. 12 Q Okay. 13 And that's also the dinner where you met Claudia Salanis? 14 A Correct. 15 Q And then Claudia Salanis sent you some photographs of 16 you and her, there is the attachment, right? 17 A Uh-hum. 18 Q Would you agree with that? 19 A Yes. 20 Q And we have seen the photographs, that's you and a 21 friend of yours, that's you at the party? 22 A That's my plus one, Holiday Hadley. 23 Q That's Holiday. 24 25 Is that Stefano? A That's Stefano. And then there is a picture of you? Page 2966 1 2 Q So it's that party, that dinner, where you first talk to Claudia Salanis about your scripts, right? 3 A Correct. 4 Q And you hadn't written an actual script at that point, 5 had you? 6 A I had not finished the script. 7 Q Okay. 8 Did you -- had you even written the script at that point? 9 A Yes, I had written some of it. 10 Q Excuse me. 11 A I had written some of it. 12 Q What was it about? 13 A Loretta and June. 14 Q And that was based on your life partially? 15 A Parts of my life that were -- 16 Q And then what Ms. Hast asked you, she drew your It was a car stealing story. 17 attention to a year later when Ms. Salanis called you about 18 that script. Do you remember that? 19 A Yes. 20 Q So let's talk about that for a second. 21 Is it your testimony that you went to this party in 22 February of 2012, talked about a script with Claudia Salanis 23 and then a year later in February she calls you out of the blue 24 and says, hey, can we talk about the script? 25 A She didn't call me out of the blue. She stayed in Page 2967 1 touch, texting me all year. 2 Q You guys continued to talk? 3 A Yes. 4 Q So is it your testimony then that the incident at the 5 Montage occurred almost a year after the initial dinner at Mr. 6 C's? 7 A Yes, it was a year later. 8 Q Do you remember speaking to a Ms. Hochhauser from the 9 Manhattan DA's Office, the prosecutor? 10 You spoke to a number of prosecutors, right? 11 A Yes, I spoke to a bunch. 12 Q And do you remember telling Ms. Hochhauser in July of 13 2018, that Claudia Salanis called you days after that dinner at 14 the Mr. C's in order to see the script? 15 A Which call was this? 16 Q Well, isn't it true that you told Ms. Hochhauser that 17 Claudia Salanis called you days after that dinner at Mr. C's to 18 see the script? 19 A It's true. 20 Q And isn't it also true that you told her that you went 21 to meet at a hotel lobby and brought the script to Mr. 22 Weinstein? 23 A Correct. 24 Q You never told anybody that it was a year later? 25 A What -- so which DA are you talking? Page 2968 1 Q I am talking about Rachel Hochhauser. 2 A The first recording. 3 Q We have two recordings that we are going to talk 4 about. 5 When you spoke to Ms. Hochhauser, you said the meeting 6 at the Montage was actually a few days after the dinner at Mr. 7 C's. 8 9 10 A hadn't been logged in. I lost my password. So all of the passwords to my Gmail I had lost and I couldn't get into. 11 12 Yes, I was confused on the time because my email So my dates that were on my computer I thought at first were screwed up. 13 The way I remembered it when I first did my 14 statements, my timelines were messed up because when I looked 15 on my computer, my old Gmail that all of this information was 16 coming from, was signed in on my computer but I didn't have the 17 password. 18 information still was on the computer. 19 Q So I found -- this is how I found some of the Ms. Young, when you spoke to the DA in July of 2018, 20 you said the meeting at the Montage was a few days after the 21 dinner at Mr. C's, right? 22 MS. HAST: 23 THE COURT: Objection. Overruled. 24 Q That's just what you said? 25 A Yes, that's what I said. Page 2969 1 Q And then when you spoke to the California DA and the 2 California investigators, in October of 2018, you told them the 3 same thing. 4 the hotel was a few days or a few weeks, I should say, after 5 the Montage incident, after the dinner at Mr. C's, didn't you? You told them that the incident that occurred at 6 A Yes, but I wasn't exactly sure. 7 Q So are you telling me you were confused as to whether 8 9 10 11 it was a few days later or a year later? A Yes, because of the times in my email were confusing me when I looked back. Q And then when you spoke to the DA again in May of 12 2019, you said the same thing, that the incident at the Montage 13 occurred within a week or so after the dinner? 14 A Yes. 15 Q And isn't it true that the first time that you 16 actually said that this occurred in March -- excuse me, 17 February of 2013, was when you were told they had Harvey 18 Weinstein's records there? 19 A No. 20 Q No? 21 A I was never told anything about his records. 22 Q You didn't hear anything about that? 23 A No. 24 Q Nobody told you that Harvey Weinstein used to go to 25 the Montage, did they? Page 2970 1 A No. 2 Q So I want to draw your attention to a text message 3 that you received from law enforcement on November the 16th of 4 2018 and this would be quadruple Z. 5 We are almost at five. 6 MS. HAST: 7 MR. CHERONIS: 8 9 Q Oh, I am sorry. Ms. Young, you told me that nobody ever told you that Mr. Weinstein frequented the Montage, right? 10 11 You have to show me. That's a text message that you received from law enforcement in November of 2018, correct? 12 A Correct. 13 Q Okay. And that's a true and accurate depiction of a 14 text message you received from law enforcement in November of 15 2018? 16 A Who is this from? 17 Q They gave it to me from you. 18 A But who wrote me this? 19 Q Law enforcement. 20 A You don't know which one? 21 Q Somebody from California. 22 That's what the representation was that was made to me. 23 A Yeah, I now -- I remember this but -- 24 Q Okay. 25 A Can I -- I didn't remember this at first. Page 2971 1 Q So what they told you was that, Hi Lauren. I have 2 been searching for the hotel you met Weinstein in. 3 check out the Montage in Beverly Hills, 225 North Canon Drive 4 Beverly Hills? 5 6 Would you Are you still in California? And then they go on to say, he has been known to frequent that hotel along with the Peninsula and Mr. C. 7 You got that information, right? 8 A Correct. 9 Q Prior to that you hadn't mentioned that this occurred 10 at the Montage, did you? 11 A I wasn't sure where it had occurred. 12 Q Let's talk about that. 13 14 You testified you remembered having a gin an tonic at the bar, right? 15 A Yes. 16 Q And at some point you decide that you are going to 17 contact law enforcement, right, about what you say happened to 18 you with Mr. Weinstein? 19 A I am confused. 20 Q Well, at -- 21 A What are you asking me? 22 Q You decided to contact law enforcement, right? 23 A I first contacted a hot line. 24 Q Excuse me. 25 A I contacted a hot line. Page 2972 1 2 Q And you drove around California, according to you, looking for hotels, right? 3 A Yeah, hoping something would spark. 4 Q Did you go to the Montage? 5 A I, um, I went outside of it. 6 Q And when you went outside of the Montage, you didn't 7 8 9 10 walk in and look at the lobby? A I didn't enter the part that I went to later. entered a different side of it. I There is two different entrances. 11 Q Who did you go with? 12 A I went in by myself and my friend drove me. 13 Q But it wasn't until you were of told that Mr. 14 Weinstein frequented the Montage that you said it was actually 15 the Montage, isn't that true? 16 MS. HAST: 17 THE COURT: Objection. Overruled. 18 Q No? 19 A I wasn't -- no, I didn't know that. 20 21 22 I wasn't going there because I heard that. Q And you told the Members of the Jury that this occurred a year after Mr. C's, the dinner at Mr. C's, right? 23 A A year later. 24 Q And you also talked about Mr. Weinstein saying 25 something to you about having to give an award to Quentin Page 2973 1 Tarantino, right? 2 A Correct. 3 Q And you Googled that, didn't you? 4 A Yes, I ended up Googling it. 5 Q When did you Google that? 6 A After I started giving everybody my information and my 7 emails. 8 Q And you Googled that to determine when that happened? 9 A To see if he actually accepted an award. 10 Q And was that -- do you remember when that was that you 11 Googled that information? 12 A At some point. 13 Q So is it your testimony that the first time you 14 realized that this occurred a year after the dinner at Mr. C's 15 was when you got into your computer? 16 A Can you rephrase? 17 Q Is it your testimony that the first time you realized 18 this occurred a year later was when you got into your computer 19 and could see those emails? 20 A You are asking me when I realized it was a year later? 21 Q Yes. 22 A When I got into my emails finally and figured out that 23 just because I moved, it wasn't the time change I thought. 24 year was off because both months were February. 25 Q Do you remember sending a Dropbox with all of your The Page 2974 1 information to a Detective Varghese? 2 A Yes. 3 Q And by the time you sent him that Dropbox, you had 4 already gotten your emails, correct? 5 A No. 6 Q No? 7 A No, I had emails in my computer that were never logged 8 into. I couldn't find a password but it stayed on my computer. 9 I just got my password reset from Gmail this weekend. 10 11 Q Schneeweiss that you learned it was in February of 2013? 12 A 13 date. 14 Q 15 So it wasn't until you found that email regarding Ms. When I saw that email was when I learned the exact And before that you thought it was just a week or so after the Mr. Chow's meeting, right? 16 A I wasn't sure. 17 Q Well, you might not have been sure but you told that 18 to three different DA's, didn't you? 19 MS. HAST: 20 THE COURT: Objection. Overruled. 21 Q Right? 22 A I told them I wasn't sure. 23 later. 24 date. 25 Q I wasn't sure, a month, week. I thought it was a week I didn't have an exact We have your recordings, ma'am, and you said, Page 2975 1 specifically, that it was soon after the Mr. Chow's dinner. 2 MS. HAST: 3 THE COURT: Objection. Overruled. 4 Q Right? 5 A Yes, and I also, the dinner that happened a month 6 before that was when I went to the brief meeting. 7 So in my memory, trying to re-focus and remember 8 everything, that's why I screwed that up because January with 9 Francesco, when he invited me that guy that's friend's with 10 Stefano, those two were friends. 11 prior. 12 13 So I confused it. It was the month prior meeting and then I had the dinner and then a year later was when I -- 14 15 He invited me the month Q So you confused a few days or a few weeks with a year, that's fair? 16 A I confused it when I was telling my story because I 17 had been looking at emails that weren't -- it was never logged 18 in. 19 20 I was confused thinking it was just the time, the year -Q It's not just emails. When you think about something you try to place your memory with a certain time, right? 21 MS. HAST: 22 THE COURT: Objection. Overruled. 23 Q Right? 24 A What do you mean? 25 Q You try to think of a certain time that something Page 2976 1 happened, right? 2 You just don't focus on emails, do you? 3 MS. HAST: 4 THE COURT: 5 THE WITNESS: 6 Q Okay. Objection. Overruled. I don't know. And it's your testimony that you were never 7 told that Mr. Weinstein frequented the Montage or that he was 8 there on February 19th of 2013, by law enforcement? 9 A They did tell me that. 10 Q When did they tell you that? 11 A In that messaging you just showed me. 12 Q Did they tell you he was there on February 19th, 2013? 13 A They never told me. 14 I don't know if they ever confirmed that. 15 Q They took you to the hotel, didn't they? 16 A They took me there. 17 Q At that point, when they took you to the hotel, you 18 got to walk in, right? 19 A Yes. 20 Q And when you walked in you had an opportunity to go in 21 to room 520, right? 22 A Correct. 23 Q They took you to room 520, you didn't find room 520? 24 A There were other rooms. 25 Q They took you to room 520, right? Page 2977 1 A Yes. 2 Q And in your previous descriptions of the event that 3 you talked about, you talked about there being a sliding door 4 in the bathroom, right? 5 A Correct. 6 Q And certainly when you saw the photograph and when you 7 were in there, there was no sliding door in the bathroom, was 8 there? 9 A Can you repeat that? 10 Q Yes, sure. 11 When you walked into that bathroom, there was no sliding door there? 12 A In the Montage? 13 Q Yes. 14 A In the bathroom? 15 Q Yes. 16 A There is a sliding door. 17 Q What you told the DA in California in both October of 18 2018 and May of 2019, is that there was a sliding door to enter 19 the bathroom, right? 20 A Yes, I told them that. 21 Q And isn't it also true that in May of 2019, you told 22 the DA that Claudia Salanis pushed you into the bathroom? 23 24 25 A I probably said that, yes. I did say that I guess, Q Did she push you into the bathroom? yes. Page 2978 1 A No, I walked in. She was behind me pressuring me, 2 obviously, to stay in the room when I saw the shadow outside of 3 the door. 4 Q 5 6 7 Shadow outside the door. May of 2019, that she actually pushed you into the bathroom? A I am not sure if I said that exactly. MR. CHERONIS: 9 THE COURT: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I would like to see or refresh my memory, please. 8 10 But you did tell the DA in May I approach, Your Honor? The officer will assist you. (Continued on the following page.) Page 2979 1 Q I'll give you my copy to refresh your recollection. 2 3 4 ( Handed to witness). Q Tell me if after you read that, your recollection is refreshed if you said you were pushed into the bathroom? 5 A What did you ask me? 6 Q Tell me if you can read that, and if it refreshes your 7 recollection as to whether or not you told the District Attorney 8 you were pushed into the bathroom? 9 A Read it out loud? 10 Q To yourself, and tell me if your recollection is 11 refreshed? 12 A Yes. 13 Q Can I have that back please. 14 A Hold on, I'm not finished reading. 15 Q Ma'am, isn't it true you told the District Attorney in Yes, uh huh. 16 California you were walking forward, and I quote, was pushed 17 into a bathroom, right? 18 A Yes. 19 Q Were you pushed into a bathroom? 20 A No. 21 Q Okay, and that was in October of 2018? 22 A Yes. 23 Q You told the members of the jury that you didn't try to 24 25 open the door of the bathroom, right? A I approached it to open it, but I didn't actually touch Page 2980 1 2 3 the handle. Q Do you remember telling the District Attorney in October of 2018 that Claudia Salinas locked you in there? 4 A Yes. 5 Q Was the door locked? 6 A I'm not sure, I believed it was. 7 Q Do you remember telling the District Attorney I 8 couldn't open the door, you remember saying that? 9 A Yes. 10 Q You also remember telling the D.A in October of 2018 11 regarding the door, I tugged on it but it was not like I was 12 pounding on the door because he got out of my way, do you 13 remember saying that? 14 A Yes. 15 Q So, you told the D.A in October you actually tugged on 16 the door? 17 A Yes. 18 Q Okay, the sliding door at that point? 19 A I was not certain. 20 Q Well, you didn't say you were not certain when you were 21 talking to the District Attorney in October 2018, you said you 22 tugged on the door? 23 A Correct. 24 Q And you also told the members of the jury since we are 25 talking about it, didn't you tell the District Attorney that Page 2981 1 Claudia actually locked you in the room? 2 A Yes. 3 Q Now, you told the members of the jury today that Mr. 4 Weinstein opened the shower door and blocked you, right? 5 A It was already opened, the door. 6 Q Lets talk about that. 7 So you are downstairs at the bar at the Montage, right? 8 A Correct. 9 Q You were having a conversation with Mr. Weinstein about 10 your scripts you had mentioned a year prior? 11 A Correct. 12 Q And you didn't bring any of those scripts to the 13 meeting? 14 A 15 I didn't bring that script to the meeting, I had another one. 16 Q Not that you wrote? 17 A No. 18 Q Then you get to the bar at Montage and you start having 19 a conversation with Mr. Weinstein? 20 A And Claudia. 21 Q And Mr. Weinstein is looking at his phone constantly? 22 A Yes, he's very distracted a lot. 23 Q And according to you, you only met him twice according 24 25 to you? A That time I had seen him once in France, seen him at Page 2982 1 the Franchesca thing briefly, and that dinner the year before. 2 So it would have been my fourth time seeing him. 3 Q He was distracted all four of the times? 4 A No, I'm saying the time we actually sat down to meet 5 and talk about my script in that lobby he seemed distracted. 6 Q At this point you had not written any complete scripts? 7 A No. 8 Q Had you acted in any TV shows or movies at this point? 9 A No, maybe like fashion videos or commercials. 10 Q You were primarily a model at that point? 11 A And did commercials, SAG actor. 12 Q You were a SAG actor at that point? 13 A No. 14 Q You have done a lot of modeling since? 15 A Since? 16 Q 2013? 17 A Yes. 18 Q You are talking to Mr. Weinstein about these scripts, 19 then at some point, according to you, was it Mr. Weinstein or 20 Ms. Salinas who said let's bring this upstairs? 21 A It was Harvey Weinstein. 22 Q Said let's go upstairs? 23 A Yes. 24 Q You told the members of the jury when you got in the 25 elevator and got out, you didn't know essentially where you were Page 2983 1 going, right? 2 A I didn't know. 3 Q Did you assume you were going to a room when you got 4 5 6 out of the elevator? A I thought maybe a conference room where there would be other people getting ready for the award ceremony. 7 Q Did he say a conference room? 8 A No, we need to go upstairs and get ready for this 9 10 11 award. Q When you get out of the elevator, it is Mr. Weinstein in front and Claudia Salinas behind you? 12 A Yes. 13 Q How good of friends were you in 2013 with Claudia? 14 A I met her at the event and stayed friends with her and 15 texted, I thought we were friends. 16 Q Did you find any of the text messages? 17 A I could not find anything. 18 Q Did you find any of the e-mail between you and Claudia? 19 MS. HAST: 20 THE COURT: 21 A Objection. Overruled. I found e-mails she tagged me right after I was 22 sexually assaulted by him on Facebook, the same photos a year 23 later. 24 Q Excuse me? 25 A I don't know why I was tagged a year later, and those Page 2984 1 photos from her after I was sexually assaulted. 2 Q After you say? 3 A It was literally February -- 4 5 MS. HAST: A Objection. Later that night. 6 THE COURT: Sustained. 7 Q Did you turn those over to the State? 8 A Yes, that was that downloaded picture earlier. 9 Q She tagged you, right? 10 A That photo she tagged me on Facebook. 11 Q How often did you see Claudia Salinas in between the 12 time you met her at Mr. Chow's and the year later you are saying 13 it happened? 14 A Not many, I seen her on Instagram a lot and Facebook. 15 Q How often did you text each other back then in the year 16 period you are saying this occurred? 17 A I don't remember how often, but here and there. 18 Q How often did you see her? 19 A I didn't see her much, I was busy. 20 Q You were not really friends with her? 21 A I don't not consider her my friend because I did not 22 23 24 25 hang out with her. Q She calls you and said come to the Montage, we are going to talk about your scripts? A Correct. Page 2985 1 2 Q Then, now we are up to the point where you walk upstairs into the bedroom of Mr. Weinstein, right? 3 A Correct. 4 Q So, when you get to the door and you see the door, you 5 understand at this point it is probably not a conference room 6 once it opens up, right? 7 A I didn't assume that at all. 8 Q You walked in, didn't you? 9 A I walked in and followed them. 10 Q You followed them and said he took a right? 11 A Correct. 12 Q You followed him into the bedroom and he took another 13 right? 14 A Correct. 15 Q He walks into a bathroom, right? 16 A Correct. 17 Q You saw him walk into a bathroom? 18 A I was right behind him, I followed him in. 19 Q You knew it was a bathroom before you walked in? 20 A Not necessarily, I was walking up to the room but there 21 I saw there was a bunch of doors there, I did not know if there 22 were other rooms. 23 Q When you go right and see a bathroom, you stop? 24 A I went right into the little hallway first. 25 Q You walk up to the bathroom, and there is sort of Page 2986 1 another right, you see a bathroom? 2 A I was in it already. 3 Q You walked into it? 4 A Yes. 5 Q You didn't walk -- 6 A He was in front of me, it is not like I could see in 7 front of me. 8 really trying to peak over and make sure I was watching. 9 Q There is a big fat man in front of me. I was not You wanted to say that, I know --. 10 MS. HAST: 11 THE COURT: Objection. Sustained. 12 Q No? 13 A No. 14 Q Did you have your eyes closed when you walked into the 15 bathroom? 16 A I saw the mirror, I saw myself walking into the room. 17 Q You knew it was a bathroom as you walked into it? 18 A As I stepped into it, I realized there was no other 19 exit. 20 Q 21 This big fat man does a ninja tear off of his clothes, right? 22 MS. HAST: 23 THE COURT: Objection. Sustained. 24 A Never said ninja. 25 Q Took his clothes off faster than anybody you ever seen? Page 2987 1 A Yes. 2 Q He gets into the shower, right? 3 A It was all -- yes. 4 Q He turned on the shower first? 5 A Turned it on and started stripping. 6 Q And how long did that take, five seconds, 10 seconds, 7 20 seconds? 8 A Probably eight seconds. 9 Q At this point where were you? 10 A Standing by the sink. 11 Q Why did you walk into the sink? 12 A I kept walking forward thinking there might be another 13 room. 14 when I turned and realized he was stripping. That is why I ended up at the sink, and I was in shock 15 Q Another room in the bathroom? 16 A Yes, I thought there was going to be another room or 17 18 19 entrance through there. Q Mr. Weinstein is in a shower according to you, and the water is coming down on him, right? 20 A Correct. 21 Q It is your testimony you don't walk out the door? 22 A He was not in it closed with the door, the door was 23 open. 24 Q He had the door open? 25 A The whole time the shower door was open. Page 2988 1 Q Ma'am, when you spoke -- 2 A Glass door. 3 Q When you spoke to the D.a in California on two 4 occasions, you never said the door was open, did you? 5 MS. HAST: 6 THE COURT: Objection. Overruled. 7 A I didn't state if the shower door was open or closed. 8 Q Why did you find that important to share with the jury 9 today though? 10 MS. HAST: 11 THE COURT: 12 Q MS. HAST: 14 THE COURT: 16 Q Sustained. You never said it before? 13 15 Objection. Objection. Sustained. So, when he's in the shower, you're telling me you could not have just walked out the door? 17 A No. 18 Q But you tried to open the door, right? 19 A I went to approach the door. 20 Q Then the previous times you testified you were pounding 21 on it, that was not accurate, was it? 22 MS. HAST: 23 THE COURT: Objection testified? Overruled. 24 Q That was not accurate, was it? 25 A No. Page 2989 1 2 Q Those times when you said Claudia Salinas locked you in the bathroom, you did not know if that was true either, did you? 3 MS. HAST: 4 THE COURT: Objection. Overruled. 5 A I heard a sound and I thought it locked. 6 Q When did you tell anybody you heard a sound? 7 A I did not mention -- 8 Q Before you said you actually tried to tug the door? 9 A Yes. 10 Q Was that what you were thinking at the time? 11 MS. HAST: 12 THE COURT: Objection, asked and answered. Overruled. 13 A Repeat that. 14 Q Was that something you were thinking at the time? 15 A Was what something? 16 Q You actually did try to open the door? 17 A At that time I had not done any therapy and really sat 18 down and went through my thoughts and trauma, at that time I 19 believed that I tugged on the door. 20 21 Q Okay. You spoke to the District Attorney in July of 2018, right, in New York? 22 A Correct. 23 Q You spoke to -- 24 A Meg, is that -- 25 Q No, another District Attorneys assigned to the case, Page 2990 1 Rachel called you? 2 A Is this a recording call, one of the recordings? 3 Q I only have what they give me ma'am. 4 MS. HAST: 5 THE COURT: 6 7 Q Objection. Sustained. You spoke to somebody on the phone in July of 2018, didn't you? 8 A Who? 9 Q Rachel Hochheiser and Ann Clark from the Manhattan 10 D.A's Office? 11 A I'm not sure. 12 Q You did speak to two different detectives in 13 California, one in October of 2018, one May of 2019, right? 14 A I spoke with a lot of people. 15 Q Sure. 16 A Yes. 17 Q You heard those conversations? 18 A Yes I have. 19 Q You know none of those conversations do you say Mr. 20 Those were recorded conversations, weren't they? Weinstein had the door opened while he was in the shower? 21 MS. HAST: 22 THE COURT: Objection. Overruled. 23 A I didn't say that in those. 24 Q When you were talking about that, you were trying to be 25 accurate, right? Page 2991 1 A When I was talking about it with them on the phone, I 2 was in a hurry. 3 I told her I was busy and was in the middle of doing things. 4 was actually on my work break. 5 In one of the recordings if you listened to it, I So, if you listen to the recording it does not go in 6 order, it is discombobulated, I was not aware they were going to 7 call me or who they were, so -- 8 9 Q talking to them? 10 11 12 Wasn't it important to be accurate when you were A I didn't realize they were recording me, she never told Q Are you only accurate when you are being recorded? me. 13 14 MS. HAST: A No. 15 16 17 THE COURT: Q Sustained. You told the member of the jury Mr. Weinstein touched your vagina? 18 MS. HAST: 19 THE COURT: 20 Objection. Q Objection. Sustained. That was not the testimony? 21 MS. HAST: 22 THE COURT: Didn't you -- Objection. Sustained. 23 A He grazed. 24 Q He grazed it? 25 A Yes, he tried to penetrate my vagina. Page 2992 1 2 Q Do you remember on October the 29th of 2018 saying to Detective Vargas that I don't think he touched me down there? 3 A He didn't penetrate me down there. 4 Q You didn't say penetrated, you said I don't think he 5 touched me down there, do you remember saying that? 6 A Yes. 7 Q You didn't say grazed either then, did you? 8 A No. 9 Q Is that something you just added today? 10 MS. HAST: 11 THE COURT: Objection. Overruled. 12 A No. 13 Q It is a pretty important fact, wouldn't you agree? 14 MS. HAST: 15 THE COURT: Objection. Overruled. 16 A I'm not a lawyer. 17 Q I know you are not, you are a witness. 18 19 The witness is supposed to tell the truth. A I'm telling -- 20 MS. HAST: 21 THE COURT: Objection. Sustained, wait for a question. 22 A Sorry. 23 Q So, it's your testimony ma'am, at some point while Mr. 24 Weinstein is in the shower, he opens the door to block your 25 exit, right? Page 2993 1 MS. HAST: Objection. 2 A That is not how it happened. 3 Q But the shower was opened and it blocked your exit? 4 THE COURT: Overruled. 5 A It was opened yes, blocking the exit. 6 Q Were you still at the sink at this point? 7 A I approached the door. 8 Q Okay, and did you yell for Claudia Salinas? 9 A No, because I could see her outside the door. 10 Q Is it your testimony you saw -- 11 A Through the door. 12 Q Ms. Claudia Salinas standing outside the door? 13 A I saw her shadow through that door. 14 Q When you spoke to the District Attorney or the 15 investigators in October of 2018 from California, did you tell 16 them you saw Claudia Salinas's shadow outside the door? 17 A I'm not sure, could you show me please. 18 Q Well, if it is not in there I cannot show you. 19 tell them that in May of 2019? 20 21 Did you MS. HAST: A 22 I'm not sure. THE COURT: 23 Q 24 you know? 25 A Objection. Overruled. What was Claudia Salinas doing outside of that door, do Um I think, I know she was standing there. I cannot Page 2994 1 2 tell you exactly what she was doing out there. Q Now, you told the members of the jury that when you saw 3 Mr. Weinstein naked, to use your terms, you didn't see any 4 testicles, right? 5 A I did not. 6 Q Well, it is not the first time you were asked about 7 that either, was it? 8 A I don't think so. 9 Q Do you remember in October of 2018 talking to a 10 Detective Vargas from the from the Beverly Hills police? 11 A Yes. 12 Q You were asked about his genitalia, testicles and you 13 said he has none? 14 MS. HAST: 15 MR. CHERONIS: 16 THE COURT: 17 ( Conversation held off the record). 18 THE COURT: 19 Q Objection, can we approach on this? I don't see why. Come up. All right thank you. Do you remember telling Detective Vargas in October 20 29th of 2018 about his genitalia and testicles, you said he has, 21 then I don't know if there was one or two. 22 How did you notice them. 23 There is a sack under the, his hand, his penis, did you say that? 24 A Yes. 25 Q Then you also said in that same conversation when you Page 2995 1 were asked could you make out the scrotum, the testicles, you 2 said uh huh, they said or not sure, you said I could make them 3 out, you said that? 4 A Yeah. 5 Q Okay. 6 testicles? 7 A 8 Today you testified you didn't see any I saw there was a sack but I did not know if there were balls in it. 9 Q That is what you said today? 10 A I could not see it because he had a big belly and it 11 was covering a lot, I just saw the hand. 12 Q You didn't make -- 13 A Penis. 14 Q You talked in October of 2018, did you -- 15 MS. HAST: 16 THE COURT: 17 other. 18 19 20 21 22 Objection. Overruled, just don't talk over each That is your responsibility, Mr. Cheronis. Q You did not notice any scars on his stomach either, did A I saw weird marks and rolls, I'm not sure if it was a you? scar or line. Q You would agree with me when you were questioned in 23 October of 2019, excuse me, 2018 when they asked you about Mr. 24 Weinstein's body. 25 about scars or seeing anything like that, right? You mentioned rolls but mentioned nothing Page 2996 1 A I mentioned it looked deformed. 2 Q You said that in October of 2019? 3 A Like cut, I'm not sure if I said that. 4 Q Did somebody -- 5 A 2018. 6 Q Did somebody give you a description of Mr. Weinstein's 7 body? 8 A No, I drew that drawing. 9 Q You know what Mr. Weinstein looks like, you have seen 10 him prior to the drawing, right? 11 A Not naked. 12 Q Excuse me? 13 A Not naked. 14 Q In that picture that you drew, that is not that 15 difficult of a picture to draw, it is not that complicated? 16 MS. HAST: 17 THE COURT: 18 Q 19 picture? Sustained. You drew a picture of a man holding his penis in a 20 MS. HAST: 21 Q Right? 22 A Yeah. 23 Objection. THE COURT: Objection. Overruled. 24 A I drew that. 25 Q Now, you told the members of the jury that Mr. Page 2997 1 Weinstein at some point unbuttoned the back of your dress, 2 right? 3 A There was a top button and a zipper. 4 Q Then you told the member of the jury that he pulled it 5 down, didn't you? 6 A The dress down. 7 Q Pulled it down? 8 A To my elbows. 9 Q And do you remember, where were you standing when that 10 11 12 13 14 happened, your back was to him? A I was by the sink pressed, I had my back facing him because he was approaching me. Q When he put his hand on your back to undue your button, you did not back away or turn around or do anything? 15 A I was pushed up against the sink. 16 Q When did you ever tell anyone prior to today you were 17 pushed up against the sink? 18 A I don't remember exactly. 19 Q And you told the members of the jury that he actually 20 pulled down your dress, right? 21 A He pulled it down to below my breast. 22 Q Now, do you remember telling the District Attorney, 23 excuse me, the detectives in California that he unzipped my 24 dress and it dropped to the ground? 25 A I'm not exactly sure if that is the wording I used. Page 2998 1 Q You did not say he pulled it down or unbuttoned it? 2 A It fell down, might have meant to my elbows. 3 4 Once you unbutton something and unzip it, it falls down. Q We will look at the dress in a second. That dress you 5 say you wore on February 19th of 2013 and you never worn it 6 again, right? 7 A Not that I can recall off the top of my head. 8 Q Excuse me? 9 A Not that I could remember off the top of my head. 10 Q Did he take both shoulders down, Ms. Young? 11 A Um, he pulled it down to my elbows. 12 Q It was a tight button, it was close to the neck? 13 A Not that tight. 14 Q Lets talk about that dress. 15 A It might not have been buttoned. 16 Q But you said he unbuttoned it? 17 A I'm saying it is not a hard button to unbutton, loose 18 19 20 You have been talking -- string around it. Q When you were on direct examination you described to the jury how Mr. Weinstein unbuttoned your dress? 21 A Like a hook, quick zip. 22 Q We will look at it. 23 A Please. 24 Q And that dress is a dress you say you wore on February 25 19th of 2013, right? Page 2999 1 A Yes. 2 Q And two days ago as this trial is almost over, this is 3 the first time you found that dress? 4 A It is. 5 Q Yes, this one you knew you were going to testify in 6 This trial is almost over. this trial, correct? 7 A I have been trying to look for it. 8 Q Excuse me? 9 A I've been trying to look for the dress for a long time. 10 Q Where did you find the dress? 11 A In my room. 12 Q Where in your room? 13 A In my closet. 14 Q How long did you look for this dress to be able to find 15 16 it in your room in your closet? A I moved my bed from one side of the room to the other 17 just to dig out my closet, bottom to top, my whole room every 18 box I have. 19 Q Where was it in your closet? 20 A In a bag with a bunch of white clothes. 21 Q You know dresses can be tested for DNA, right? 22 23 MS. HAST: A 24 25 Yeah. THE COURT: Q Objection. Right? Overruled. Page 3000 1 A Yes. 2 Q Sometimes they can show the presence of DNA on a dress 3 4 like if I touch this my DNA might be on this, right? A I don't know. 5 6 7 THE COURT: Q You also know there might be no DNA on something, right? 8 MS. HAST: 9 THE COURT: 10 11 Q 13 THE COURT: 16 17 Sustained. makes it pretty hard to get that tested? MS. HAST: 15 Objection. You know turning that over in the middle of a trial 12 14 Move on. Q Objection. Sustained. So, when you found that dress, who did you call, Ms. Allred? A I messaged and asked for them to call me if they want. I messaged Meg and asked to call me. 18 Q How did you get them the dress? 19 A I drove it up from Philadelphia in a bag. 20 Q And that is the dress you wore on February 13th of 21 2019? 22 A February 19th. 23 Q Of 2013. 24 25 MR. CHERONIS: dress. I would like to be able to use the Page 3001 1 2 3 4 MS. HAST: Q Five A. A No objection. I'm showing you what I will mark as Five A, Defendant's Does this appear to be the dress you were wearing? Yes. 5 MS. HAST: 6 THE COURT: Objection. Overruled. 7 Q This is the dress you found in your closet? 8 A In the bag with other white clothes. 9 Q A few days ago? 10 A Yes. 11 Q And if you look at this dress, there is a button on the 12 top, right? 13 A Yes. 14 Q It opens like this and there is a zipper under it? 15 A Just loosens the middle of the dress. 16 Q Then zipping this up and down, there is still a portion 17 of material between the end of the zipper and top of the bottom, 18 right? 19 A Yes. 20 Q Is it your testimony that your arms, shoulders fell out 21 of this dress? 22 A It was down hanging by my elbows. 23 Q It was unbuttoned by Mr. Weinstein according to you? 24 A And unzip. 25 Q His hands would have touched you? Page 3002 1 A Zipped. 2 Q How long did it take him to unbutton and unzip it? 3 A A second. 4 Q A second? 5 A Quick. 6 Q You were -- 7 A Very quick. 8 Q You were standing still at the time? 9 A I was facing the mirror. 10 Q Looking at Mr. Weinstein? 11 A Facing the mirror, I was not facing him. 12 Q And you said you moved, how long have you lived at 13 where you live now in Pennsylvania? 14 A Two years on New Years. 15 Q So, when you moved from wherever you lived before that 16 to Pennsylvania, you had to pack your stuff up, right? 17 A Correct. 18 Q You had to pack that up, didn't you? 19 A It might have already been in a bag. 20 Q Well, you had to pack it up, didn't you? 21 A I do not remember packing that dress if that is what 22 23 24 25 you are asking me. Q I'm asking, you would have to pack it to move it, right? A My whole apartment was packed. Page 3003 1 Q You didn't see this dress until a few days ago? 2 A Yes. 3 Q Now, it's your testimony when you left the Montage, you 4 went to see, you went back to your apartment and saw your friend 5 Ryan Beatty, correct? 6 A Ryan Betty and Carol Liter. 7 Q You talked to Ryan Beatty, right? 8 A Yes. 9 Q Didn't you determine at some point based on your 10 relationship with Ryan Beatty, these allegations occurred on 11 January the 9th of 2013? 12 A I don't know. 13 MR. CHERONIS: 14 THE COURT: 15 ( Handed to witness). 16 MS. HAST: 17 MR. CHERONIS: 18 THE COURT: 19 ( Conversation held off the record). 20 Q May I approach, your Honor. The officer will assist you. Objection. I don't know the basis. Step up please. Ma'am, do you remember telling one of the law 21 enforcement officers in California that you had talked to your 22 best friend Ryan, and he said he remembered the date you came to 23 him because he just flown in two days prior to surprise me and 24 my friend Kara. 25 do you remember that conversation with Ryan? January 9th of 2013 he flew in on a Wednesday, Page 3004 1 A Yes. 2 Q Would this -- 3 A Yes. 4 Q When you discussed this with Ryan, Ryan said January 5 9th of 2013? 6 A 7 to see it. 8 Q 9 10 I was, I'm not sure what date I said, but I would like Let me show you this to see if this will refresh your recollection. A Thank you. 11 12 13 ( Handed to witness). A Yes, I remember saying this but this was a work in progress, it was just my first -- 14 Q What? 15 A A work in progress. 16 Q When you say a work in progress, you are talking about 17 a work in progress to try to remember when this horrible sexual 18 assault occurred? 19 A I did not have my e-mail password at that point. 20 Q You did have some e-mails, you had the e-mails from 21 Stephano? 22 A Yeah. 23 MS. HAST: 24 THE COURT: 25 A Objection. Overruled. Yes, there were e-mails in my computer. Page 3005 1 Q It is not that hard to re-set a Google password, is it? 2 MS. HAST: 3 THE COURT: 4 Q Objection. Sustained. When, you're trying to figure out this date your friend 5 Ryan tells you it must have been January 9th, 2013 I flew in on 6 a Wednesday? 7 MS. HAST: Objection to what Ryan told her. 8 THE COURT: Overruled, just break it down. THE COURT: Also listen very carefully to the 9 Q Sure. 10 11 questions being asked. 12 Q November first of 2018 you texted law enforcement that 13 you talked to your best friend Ryan. He said he remembers the 14 day you came to him because he just, I talk to my best friend 15 Ryan Beatty, I said he remembers the day I came to him because 16 he just flown in two days prior to surprise me and my friend 17 Kara. 18 you? January 9th, 2013 flew in on a Wednesday, he said that to 19 A That is what he told me. 20 Q And the officer responded okay, thank you, right? 21 A Sure. 22 Q Is it your testimony that as of November first of 2018, 23 you had not had any of your phones, excuse me, any of your 24 e-mails? 25 A I had some on my computer, not all access. Page 3006 1 Q Which ones did you have? 2 A Barbara, Claudia and Stephano, just a few. 3 Q When you say Barbara, you mean Barbara Schneeweiss? 4 A Barbara's e-mails popped up. 5 Q That is Barbara, the one you said you traced the time 6 to because of the invite to Americas Next Top Model on the 21st, 7 right? 8 9 10 11 A But at that point I don't think I had known the dates were right, so I was still thinking those dates were wrong. Q Did you learn the dates were right when somebody told you Mr. Weinstein stayed at the Montage that night? 12 A I'm confused, what are you saying? 13 Q What I'm saying is as of November of 2018, you are at 14 least sharing information with law enforcement that this 15 incident may have occurred on January 9th of 2013? 16 17 18 19 A I was sharing with Ryan, the information shared with me from his recollection at that time. Q You did not say anywhere he's wrong, he's off by a month or two, right? 20 MS. HAST: 21 THE COURT: Objection. Sustained. 22 Q When was the last time you spoke with Ryan? 23 A I don't know exactly what day. 24 Q Before you went to law enforcement however, you 25 actually called Ryan, didn't you? Page 3007 1 A Yes, Ryan was my best friend when I lived in Cali. 2 Q You said to him remember what happened to me with Mr. 3 4 5 Weinstein, right, you told him the story? A No, I did not tell him any story. I told him what happened to me. 6 Q But had you told him that night? 7 A He already knew. 8 Q You called him, was this before you went to law 9 10 enforcement, you called Mr. Beatty to talk about it? A I'm not sure exactly how long before or after, but -- 11 12 MR. CHERONIS: I have a while left, would this be a good time? 13 THE COURT: All right, Ms. Young, if you would be 14 good enough to step down and wait for further instructions 15 from the District Attorney and see you tomorrow 9:30. 16 ( Witness exits courtroom). 17 THE COURT: 18 9:30. 19 instructions. 20 All right jurors, see you tomorrow Remain mindful of all my prior admissions and During this or any other recess, do not discuss 21 this case among yourselves or with anyone else or allow 22 anyone to discuss it in your presence. 23 Refrain from any and all research or 24 communications, electronic or otherwise, particularly 25 social media, internet and news media generally. Page 3008 1 2 Have a good afternoon and evening, see you tomorrow morning, thank you. 3 ( Jury exits courtroom). 4 THE COURT: 5 ( Conversation held off the record). 6 THE COURT: 7 Just one thing attorneys. Assistant District Attorney Illuzzi, you have information that you want the Court to rule on? 8 MS. ILLUZZI: 9 MS. HAST: It's Ms. Hast. Judge, we have made attempts to get Ms. 10 Gloria Busse here as the Court requested on Thursday, and 11 again just as background. 12 touch with Ms. Busse in November when I finally received 13 her phone number. 14 I had made attempts to get in She had said she would do a conference call with 15 myself and Ms. Illuzzi. 16 call, she did not answer. 17 and the same thing happened and then she just stopped 18 responding to me all together. 19 When we called her back for that I tried to set up another call I gave it a little bit of time. I reached out 20 again in December. She completely ignored my attempts to 21 reach out to her in December, and then on January I believe 22 the 27th or 28th, the beginning of that week when we were 23 on trial and in court, she reached out saying oh, I'm 24 really sorry I never had time, I was really busy, I can 25 talk now. Page 3009 1 At that point we were already well on our way to 2 trial, so I did not reach out to her until after Tarale 3 Wulff testified, and defense indicated they wanted to make 4 attempts to speak to her so I reached out about providing 5 her phone number. 6 7 At that point is when I provided the details to the Court and to defense attorney about what she had said. 8 9 It is the People's position that what Ms. Busse remembers, there was an additional meeting she went to with 10 Tarale Wulff to meet the defendant to talk about acting, a 11 brief meeting, they left to have lunch or dinner is not 12 inconsistent with anything that Tarale actually testified 13 to. 14 If you look back at her direct examination and her 15 cross examination, she continually says she just does not 16 recall any additional meetings or interactions with the 17 defendant. 18 simply continues to say she did not recall. 19 She never says that she never had one. She It was clear that Ms. Wulff did not have great 20 memory from back in that time, even of the actual incident 21 she was recalling. 22 And so still even when Ms. Busse reminded, gave 23 her that information in an attempt to help Ms. Wulff better 24 date when the incidents with the defendant happened, Ms. 25 Wulff still did not remember that, and it didn't refresh Page 3010 1 her recollection of it at all, and she continues to only 2 remember the two instances she remembers. 3 Ms. Busse was never a witness to either of the 4 incidents Ms. Wulff testified to. 5 about the incidents that Ms. Wulff testified to. 6 She was not ever told In fact, Ms. Wulff testified she didn't tell 7 anyone until years later about what happened with her and 8 the defendant. 9 We since then, we did make attempts to get Ms. 10 Busse here and actually I guess I cannot remember the date 11 now, I made a representation to the Court she actually told 12 me she would come. 13 I had a conversation with her where I thought I 14 had successfully convinced her to come on Thursday if the 15 defense was going to find it necessary or if defense was 16 going to want to call her. 17 When the Judge asked make that happen, she then 18 stopped answering any of my phone calls. So at that point 19 I asked the Judge, we figured out where she lived. 20 your Honor to do an out of state subpoena or whatever that 21 technical term for that is. I asked 22 We reached out to people in Colorado, been in 23 touch with the District Attorney for her jurisdiction. 24 have been in touch with police for her jurisdiction. 25 made attempts last night and this morning to serve her. We They Page 3011 1 They were unsuccessful. 2 at her home related to her that got them in touch with Ms. 3 Busse. 4 They did end up finding somebody She did speak to them on the phone and said she 5 was refusing to come and we could not make her. 6 explained we could make her and they are still attempting 7 to successfully locate her and serve the subpoena. 8 9 10 11 They They were trying to figure out where she worked, they identified where her kids go to school and can try to go there. At this point we do not believe that she's a 12 material witness in this matter, so we don't believe as 13 officers of the Court that we can tell Colorado she's 14 material to the matter in an effort to issue a material 15 witness order and place her in custody and bring her here 16 against her will to testify, and I do have a letter that 17 I'll file with the Court and provide to defense attorneys 18 to relay some of this information. 19 THE COURT: 20 MS. HAST: Okay. The fact Ms. Busse said that Tarale was 21 uncomfortable being alone with defendant and asked her to 22 accompany her is certainly supportive of what Ms. Tarale 23 testified to. 24 It simply corroborates the fact Ms. Tarale did have an 25 interaction with defendant which he was pretending interest It is in no way Brady with respect to that. Page 3012 1 in her as an actress. 2 to some interaction she had with him, and it is just an 3 incident that Tarale Wulff does not now recall and never 4 testified to the fact it was impossible she had other 5 interactions that she did not recall. 6 She was uncomfortable with respect She said she did not recall any other specific 7 interactions other than the time he masturbated in front of 8 her at Cipriani and the time he forced himself on her 9 inside his apartment after tricking her there following the 10 11 12 13 script reading. MR. CHERONIS: Judge, I think that is like a long winded way to admitting to a discovery violation. I certainly respect the State's gumption in 14 continuing to stand before this Court and say nothing is 15 wrong here when in fact something is wrong here. 16 What is wrong here is this should not be a 17 problem, we should not have to scramble to get Ms. Busse. 18 She should respond to my phone calls. 19 We would have sent investigators out to interview 20 her in the summer. 21 witness does not remember another interaction between 22 Harvey Weinstein and Tarale Wulff, that it is not relevant 23 and Brady. 24 25 For Ms. Hast to say because their Frankly, I never talked to Ms. Busse, I'll not take anyone's representation what she said other than there Page 3013 1 was potentially a meeting. 2 over. 3 material witness orders earlier. 4 That should have been turned We could got have got her, talked to her, done Now we are in a position where Ms. Wulff already 5 testified, given her testimony. She's been cross examined 6 not even the 11th hour, the midnight hour after midnight 7 where the People are turning into pumpkins. 8 What we get is an order, a letter from the State 9 telling us they had this information months ago and it is 10 not for them to tell us it is not important. 11 criminal defense, it sure is important when a Molineaux 12 witness we have information she had another interaction 13 with Mr. Weinstein when she testified she only had two 14 interactions. 15 to Ms. Busse. 16 17 18 It is a We should be able to delve into that, talk I've been trying to call her, texting her through Witcom, doing everything I can. What the State is basically saying is too bad. 19 Well, it is not too bad, it is a discovery violation and we 20 should have got the information. 21 exculpatory or impeaching, that falls under Brady. 22 and time again, it does not make it right, this all can be 23 nothing if they would have given us what they were supposed 24 to give us when they were supposed to give it to us. 25 It is potentially Time We are asking for Ms. Wulff's testimony to be Page 3014 1 stricken and for a mistrial. 2 MS. ROTUNNO: I want to remind the Court Ms. Wulff 3 testified on January 29th. 4 the morning before she took the witness stand and said this 5 issue with the dates from 2004 to 2005 is an issue, and 6 when did you learn this changed, and the letter they sent 7 to us was this nonsense letter about we realized we used 8 the wrong date, not that Ms. Wulff had told them there was 9 a change in the way they got to the date. 10 I came into this courtroom in I made it look like it was their mistake, I gave 11 them a chance that morning to tell us where that 12 information came from. 13 We came before the bench, they did not disclose it 14 then. Then they waited until Ms. Wulff was on the stand 15 and it came out through my questioning of her. 16 They purposely hid that information from us prior 17 to Ms. Wulff testifying, and Ms. Hast got the text message 18 from Ms. Busse on the 27th, so she knew two days before I 19 asked the question. 20 did not tell me that morning, it is beyond -- 21 MS. HAST: This woman reached back out to her and Judge, first of all, the letter 22 indicated after having conversations with Ms. Wulff was 23 when we firmed up the date not being 2004 and being 2005. 24 And again, Ms. Busse did not contact us until we were 25 already well into the trial, and it was at that point it Page 3015 1 was really a knowing, she remembered something Ms. Wulff 2 did not remember. 3 Ms. Wulff never said she did not -- it was 4 impossible she had other interactions with him. 5 only remembered those two. 6 She simply Ms. Busse had nothing to say about the two 7 interactions she was never told about and not a witness to 8 them. 9 Honor finds it as a discovery violation under the new And certainly does not rise to the level, if your 10 discovery rules, it is certainly not something that 11 warrants that testimony be stricken. 12 At most, it may warrant a missing witness charge, 13 and even that does not seem to be appropriate here given it 14 is not something that is material. 15 MS. ROTUNNO: Judge, Ms. Busse, whatever her name 16 is, she is the reason that Ms. Wulff changes her story 17 about the year this takes place. 18 For the defense not to be able to delve into that 19 and for defense not to be able to delve into another 20 meeting, that other interaction itself with the defendant 21 is Brady material. 22 MS. HAST: 23 remember the date. 24 said either 2004 or 2005. 25 Wulff was able to date it because she knew when she was To be clear, Ms. Busse does not It was not Ms. Busse that dates it, she The relevance of it was Ms. Page 3016 1 friends with Ms. Busse, to the extent she would spend a day 2 going out shopping with her and going to the modeling 3 casting things. 4 She already had been working at Cipriani for some 5 time. 6 so therefore, she concluded based on the reality she had 7 been out with Ms. Busse for the entire day together, they 8 had already been friends, and therefore, this incident 9 happened in 2005, not 2004. 10 She started working in the spring or summer of 2004 That is where Ms. Wulff draws that from speaking 11 to her. Their friendship is what drove her to realize the 12 date, to become more firmly convinced it was the 2005 13 season, not the 2004 season when this happened. 14 MS. ROTUNNO: 15 THE COURT: 16 17 I have nothing else. The motion to strike the testimony and mistrial is denied. The question on the table then is do you want Ms. 18 Wulff to be recalled by the D.A so you can resume your 19 cross examination? 20 MS. ROTUNNO: 21 MS. HAST: 22 THE COURT: 23 Yes. She's here tomorrow morning. Okay, I assume she would testify after the current witness on the stand. 24 MS. HAST: 25 THE COURT: Yes, that make sense. See you tomorrow 9:30, thank you. Page 3017 SUPREME COURT NEW YORK COUNTY TRIAL TERM PART 99 ------------------------------------x THE PEOPLE OF THE STATE OF NEW YORK : INDICTMENT # : 2335-18 : 2673-19 : AGAINST : CHARGE : Pred Sex Asslt HARVEY WEINSTEIN : : : Defendant : -------------------------------------x Trial 100 Centre Street New York, New York 10013 February 6, 2020 B E F O R E: HONORABLE: JAMES BURKE, JUSTICE OF THE SUPREME COURT APPEARANCES: (Same as previously noted) ---------------------------------------------------------------------THE CLERK: are present. Case on trial continued, all parties Appearances. MS. ILLUZZI: MS. HAST: Meghan Hast. MS. ROTUNNO: Rotunno. Good morning, Joan Illuzzi. On behalf of Mr. Weinstein, Donna Good morning. MR. CHERONIS: Good morning. On behalf of Mr. Page 3018 1 Weinstein, Damon Cheronis. 2 MR. AIDALA: Good morning. 3 MR. KAMINS: Barry Kamins. 4 THE COURT: 5 MS. ILLUZZI: 6 THE COURT: 7 COURT OFFICER: 8 9 10 Arthur Aidala. Okay, ready to proceed? Yes. The jury. One called and said they were a few minutes late. THE COURT: Okay, while we are waiting on a juror, any issues? 11 MS. ILLUZZI: 12 THE COURT: 13 MS. ILLUZZI: Um. No is the best thing. We do actually. The defense has 14 indicated that they may call two witnesses today. 15 have two witnesses on hold, and we are asking for an offer 16 of proof with regards to those witnesses. 17 THE COURT: 18 MS. ILLUZZI: They Who are they, I think they told us. We understand why they are calling 19 Paul Feldscher if they are calling him. It is the other 20 witness we are wondering why they are calling him, we are 21 asking for an offer of proof. 22 MS. ROTUNNO: 23 THE COURT: 24 MS. ROTUNNO: 25 THE COURT: Judge, they have -What is the name? Warren Leight. Okay, hold on. They told us, they Page 3019 1 being Ms. Rotunno, since she's standing up, that he was the 2 director of the movie -- 3 MS. ILLUZZI: 4 THE COURT: 5 6 7 8 9 10 The Night We Never Meant. And he would be called to say that she was difficult in a specific problematic way. MS. ILLUZZI: How is that relevant to the proceedings that we are currently conducting? THE COURT: It is contrary to her testimony she was specifically asked. MS. ROTUNNO: You do it. You are right. She was specifically 11 asked about whether or not -- she claimed she became a drug 12 addict and an alcoholic because of Mr. Weinstein. 13 Mr. Leight is going to contradict that testimony 14 that she showed up at the site drunk on a regular occasion, 15 he will contradict Ms. Sciorra's testimony. 16 We have not spoke to Warren Leight other than what 17 the District Attorney has given us, so they have all the 18 statements, they spoke to him, they have his statements. 19 We also have the e-mails Ms. Sciorra testified to 20 with regard to Mr. Leight when she was attempting to put 21 together the timeline of when this may have happened, so 22 those are the reasons. 23 MS. ILLUZZI: Well Judge, we have the notes and we 24 can show you the notes, Judge. 25 Rotunno's characterization of what Ms. Sciorra said and I disagree with Ms. Page 3020 1 what Mr. Leight would say. 2 But we will certainly explore that and others 3 behaviors during that period of time as well, which 4 corroborates Ms. Sciorra. 5 6 MS. ROTUNNO: If Ms. Illuzzi is attempting to intimidate us into not calling witnesses, it will not work. 7 Mr. Weinstein has a right to call the witnesses 8 that he wants to call. 9 She has no idea what they may say. 10 These are people she had spoke to. completely ridiculous. 11 MS. ILLUZZI: 12 I'm attempting to do. That is the furthest from the truth 13 THE COURT: 14 COURT OFFICER: 15 (Jury enters courtroom). 16 THE COURT: 17 recall the witness. 18 19 What she said is Jury entering. Jury entering. All right, welcome back jurors. Let's Usually jurors deteriorate over the course of the trial, you guys look better and better everyday. 20 I know yesterday was warm out there and cold in 21 here, and today it is cold out there and warm in here, so 22 good luck figuring out what it will be like in here day to 23 day. Welcome to my life. 24 ( Witness enters courtroom). 25 THE COURT: All right, welcome back Ms. Young, Page 3021 1 settle in there, get a little bit comfortable. 2 I remind you that you are still under oath, and 3 the same rules apply as they did yesterday, and we will 4 pick up where we left off. 5 any areas that have previously been covered. 6 Hopefully we will not go into And when they do, please alert me to such and I'll 7 try to attend to that. 8 CROSS EXAMINATION CONTINUED 9 BY MR. CHERONIS: Please resume your inquiry. 10 Q Good morning. 11 A Good morning. 12 Q Yesterday I believe you testified that, correct me if 13 I'm wrong, you never met Harvey Weinstein, you saw him there but 14 did not spend anytime with him in May of 2011? 15 A I didn't personally hang out with him, no. 16 Q Do you remember going to a dinner with him? 17 A There was a dinner on the boat, I was not at his table. 18 Q He was there? 19 A Yes. 20 Q After that, you sent an e-mail to your mother telling 21 your mother you had met Mr. Weinstein? 22 A That was a different occasion, that was years later in 24 Q That was not in 2011? 25 A No, that was in L.A. 23 L.A. Page 3022 1 Q In L.A? 2 A Not in France. 3 Q Was that the first dinner that you met Mr. Weinstein at 4 or the second one after you e-mailed, before you e-mailed your 5 mother? 6 MS. HAST: 7 THE COURT: 8 9 Q 12 31, 2012, would that refresh your memory? MS. HAST: Q Objection. As to when you met Mr. Weinstein and e-mailing your mother? 13 MS. HAST: 14 THE COURT: 15 16 Sustained. Well, if I told you that the e-mail was dated January 10 11 Objection. Objection. You can ask that question as it is in the context of the other. Q Absolutely. If you e-mailed your mother on January 17 31st of 2012 telling her that you had dinner with Harvey 18 Weinstein, what dinner would you have been referring to? 19 20 A The one that Franchesco had invited me that he stopped by briefly. 21 Q You did send an e-mail to your mother? 22 A Yes I did. 23 Q Your mother actually said who's Harvey Weinstein? 24 A Yes. 25 Q You told her to look him up? Page 3023 1 A Yeah. 2 Q Yesterday you testified that you didn't have a lawyer 3 early on when you got involved in this case. 4 MS. HAST: 5 THE COURT: 6 Q 7 Well -- THE COURT: 10 Q It was Did you tell the L.A police that you had been working with a lawyer to find pictures and things like that? MS. HAST: 14 THE COURT: 16 Lets not go into old matters. clearly covered. 13 15 Your Honor, if I may, I'm asking her about a prior inconsistent statement. 9 12 Sustained. MR. CHERONIS: 8 11 Objection, asked and answered. Q Objection. Sustained. Yesterday we talked a little about your timeline. you remember those questions? 17 A Yes, I do. 18 Q What you told the members of the jury was that you 19 realized it was a year later once you found Barbara 20 Schneeweiss's e-mail? 21 MS. HAST: 22 MR. CHERONIS: 23 have to ask her about? 24 25 Do A Objection, asked and answered. Your Honor, I have information I I took a screen shot, if this helps you, and went to my computer last night and looked to see when I found that e-mail Page 3024 1 from Barbara. That screen shot was January 2019. 2 Q January 2019? 3 A Yes, that is when I found that date was proper. 4 have other evidence to back it, in my bank statements -- 5 THE COURT: 6 overruled. 7 A I guess the objection was just I just felt the need to explain it a little. 8 9 I also THE COURT: All right, in general, wait for a question. 10 Q January 2019 you said you found that e-mail, correct? 11 A Yes. 12 Q Barbara's? 13 A Yes. 14 Q It was at that point you said you realized it was a 15 year after the dinner, right? 16 MS. HAST: 17 THE COURT: 18 Q Objection. Sustained. Ma'am, you testified yesterday regarding what Mr. 19 Weinstein was wearing prior when you met him at the Montage, 20 correct? 21 MS. HAST: 22 THE COURT: 23 24 25 Objection. I have notes, I have the transcript, sustained. Q Did you say he was wearing a tie? MS. HAST: Objection. Page 3025 1 2 3 THE COURT: Q Ms. Young, yesterday you testified that Mr. Weinstein got undressed within 10 seconds and into the shower? 4 MS. HAST: 5 THE COURT: 6 7 8 Sustained. Objection. Sustained as to, sustained as to 10 seconds and as to the subject matter of the testimony. Q Ma'am, you testified yesterday that you saw Ms. Salinas through the mirror, correct? 9 MS. HAST: Objection. 10 THE COURT: Mirror? 11 MR. CHERONIS: 12 MS. HAST: 13 Q Objection. Close the door. 14 THE COURT: 15 MR. CHERONIS: 16 Yes. Sustained. Judge, can I approach for a second? 17 THE COURT: 18 ( Conversation held off the record). 19 20 Q 23 24 25 Ma'am, when you met Mr. Weinstein at the Montage, you said you brought a script with you, correct? 21 22 Sure. MS. HAST: A Objection. Correct. MR. CHERONIS: I did not ask her about this specific issue, if I may have a small bit of leeway. THE COURT: Overruled on that representation. Page 3026 1 2 Q Did you have the script in your hand when you walked into the Montage hotel room? 3 A I had Ashley Ava's script in my land. 4 Q Did you have it in your hand when you walked into the 5 bathroom? 6 A No. 7 Q Where did you put it? 8 A Claudia had it. 9 Q When did you give it to Claudia? 10 A When we were sitting in the lobby. 11 Q Claudia brought the script up there? 12 A She was looking over it. 13 Q What was the name of that script? 14 A I forget the name, it was by Ashley Ava. 15 Q Did you ever get it back to give to Ms. Ava? 16 A No. 17 Q Was that the only copy of it? 18 A That is the only one I had. 19 Q It is your testimony once you were in the bathroom you 20 testified yesterday as to what occurred. 21 first? Who left the bathroom 22 A Harvey. 23 Q And how long after the alleged incident occurred did 24 25 Mr. Weinstein leave the bathroom? A Can you -- can you say that again. Page 3027 1 Q Sure. You testified yesterday as to what happened, 2 that Mr. Weinstein grabbed you, masturbated. 3 that did he leave the bathroom? How long after 4 A After he finished. 5 Q He walked out naked? 6 A Yes. 7 Q Do you remember talking to the DA in January of 2018 8 and telling them that you were banging on the door, the door got 9 opened and you ran out. 10 MS. HAST: 11 THE COURT: 12 13 14 15 A Do you remember saying that? Objection. Overruled. I did the best of my advantage at that point to try to recall what I remember. Q At that time in January of 2018, you said you banged on the door then ran out, correct? 16 MS. HAST: 17 THE COURT: Objection. Overruled. 18 A I had said that in that report, yes. 19 Q Now you are saying Mr. Weinstein walked out naked into 20 a suite? 21 A Yes. 22 Q And did you see Mr. Weinstein inject anything into his 23 penis prior to him masturbating? 24 A No. 25 Q When Mr. Weinstein was in the shower, how long was he Page 3028 1 in the shower for? 2 A It was a quick rinse. 3 Q Did you see him touching himself at all while he was in 4 the shower? 5 A I don't remember. 6 Q Do you remember telling the it District Attorney July 7 of 2018 you saw him touching himself in the shower? 8 A Maybe he was rinsing off. 9 Q Is that what you meant when you said touching himself? 10 A Yes. 11 Q You said yesterday that you got to the bar at 7:58? 12 A Correct. 13 Q You got to tell me how you remember that exact time. 14 A Well, recent findings I found only just a couple of 15 weeks ago, I went to the bank and I asked for my 2013 bank 16 statements. 17 18 19 20 I went through them and highlighted the one transaction I did on that day. Q Did you ever give those bank statements to the D.A's Office? 21 A I past them over, yes. 22 Q When did you do that? 23 A Recently. 24 Q Okay, I'm going to ask you questions. 25 You remember telling law enforcement on November 1st of 2018 that you would Page 3029 1 say it had to be between eight and ten as to when you went to 2 the hotel? 3 MS. HAST: 4 THE COURT: 5 6 A Objection. Overruled. Around the time I didn't have a definite time, I had not looked at any bank statements. 7 Q What did your bank statements tell you? 8 A Said I had a transaction of a meter and that I paid the 9 meter. 10 Q Parking meter? 11 A Yes. 12 Q That was -- did you write that down or have the actual 13 statement? 14 A I highlighted the statement. 15 Q That is the time you went into the Montage? 16 A That is the time I parked at 7:58. 17 Q How long were you in the Montage before, before you 18 went upstairs? 19 A In the lobby, how long was I downstairs? 20 Q Yes. 21 A Probably, I don't know, 10 minutes before he came down, 22 so 10 minutes with her then probably like 20 more minutes maybe 23 with them, all three. 24 Q About 30 minutes in the lobby? 25 A Give or take. Page 3030 1 2 Q Lobby bar area, took you maybe five minutes to get upstairs and get into the room? 3 MS. HAST: Objection, Judge. 4 Q Was it longer, less? 5 A I'm not exactly sure how long it took. 6 THE COURT: Overruled. 7 questions like that, no ambiguity. 8 Q 9 correct? Make sure you don't ask Took you some time to get up to the hotel room though, 10 A Correct. 11 Q Then how long were you in the hotel room before you 12 left? 13 A How long did the whole incident occur? 14 Q From the time you walked into the hotel room until the 15 time you walked out? 16 A Into the room you are saying? 17 Q From the time you walked into the room until the time 18 you left the room, how much time elapsed? 19 A I don't know. 20 Q Now, when you walked out of the room, where was Ms. 21 Salinas? 22 MS. HAST: 23 THE COURT: 24 25 A there. Objection. I'll allow it. She was right outside to the left of the door, right Page 3031 1 2 Q standing by the bed with a sad look on her face? 3 4 Do you remember telling the DA in the past she was A When you looked to the left, she's right there with a sad face, and I shot her a look and left. 5 Q She was not in front of the door when you walked out? 6 A She was not standing there anymore, the door was 7 opened. 8 Q She didn't open it, did she? 9 A He opened it. 10 Q To walk out? 11 A Yes. 12 Q Then you followed? 13 A I pulled up my dress. 14 Q Where did you see Mr. Weinstein once you were walking A Somewhere in his room, I just jetted, I was not really 15 16 17 18 19 out? focused on him. Q Do you remember telling the District Attorney in the past from California you may have blacked out at that point? 20 MS. HAST: Objection. 21 THE COURT: Overruled. 22 MS. HAST: That is not -- 23 Q Do you remember saying that at all? 24 A It was not a blackout, my memory was not, I couldn't 25 quite -- at that point I was not remembering properly, so I Page 3032 1 stated that I was blacking out with my memory, like I could not 2 remember at that point. 3 Q At what point when you said that were you blacking out? 4 MS. HAST: 5 THE COURT: 6 Q 7 that? MS. HAST: 9 THE COURT: Q Sustained. You just used the term blackout, what do you mean by 8 10 Objection. Objection. Sustained. Did you blackout at some point? 11 MS. HAST: 12 THE COURT: Objection. Overruled. 13 A No. 14 Q But you said that? 15 A I didn't faint blackout if that is what you mean. My 16 memory had blocked out, I meant blocked out really. 17 out some memories because it was such a traumatic experience, I 18 don't know how long that took for him to do that to me because I 19 was traumatic. 20 Q I blocked You testified on direct examination, and I don't 21 believe I got into this yesterday on cross examination, when you 22 were brought to the Montage with the detectives, some of your 23 memories or things you had said in the past you realized were 24 wrong, correct? 25 A Correct. Page 3033 1 2 Q For instance, prior to going to the Montage, you thought it was a sliding door, right? 3 A I remember the sliding door. 4 Q But when you got there, you realized there was not a 5 sliding door to the entrance? 6 A No, but there was one to the toilet. 7 Q What you said several times in the past, there was a 8 sliding door to enter into the bathroom? 9 MS. HAST: 10 11 THE COURT: Q Objection. Sustained. You also testified that when you went to the Montage, 12 you realized there was not a lock on the outside of the door, 13 right? 14 MS. HAST: 15 THE COURT: 16 17 Q lock the bathroom door from the outside? MS. HAST: 19 THE COURT: 21 Q Sustained. the outside? MS. HAST: 23 THE COURT: 25 Objection. Could you lock the bathroom door of the Montage from 22 24 Sustained. When you got to the Montage, you realized you could not 18 20 Objection. Q Objection. Sustained. You got to the Montage, you realized you could not lock it from the outside? Page 3034 1 MS. HAST: 2 THE COURT: 3 4 5 Q Objection. Sustained. Ma'am, I believe you testified that Mr. Weinstein finished on a towel, right? A Walked over to me and when he dropped his towel that he 6 was drying himself briefly off with, it was by his feet. 7 when he was jerking off holding my breast, when he ejaculated it 8 was on the towel right by his feet. 9 Q You were over there by the sink? 10 A In his possession by the sink. 11 Q Do you remember telling the DA in July of 2018 he 12 So dropped the towel as soon as he got out of the shower? 13 A I might have said that. 14 Q You might have said that, okay. You testified that 15 after that, the next time you saw Claudia Salinas was the next 16 day, right? 17 A Correct. 18 Q Did Ms. Salinas ever ask you to go to a party on 19 February 23rd? 20 A I got an invite from a Weinstein Company e-mail. 21 Q Did you ever specifically talk to Ms. Salinas about a 22 party on the 23rd? 23 A I do not remember. 24 Q Do you remember having a modeling gig on the 23rd at 25 eight o'clock? Page 3035 1 A I'm not sure. 2 Q So fair to say you don't recall whether or not maybe 3 you spoke to Ms. Salinas on the 23rd? 4 A On the 23rd you are saying? 5 Q Yes, of February. 6 A February of. 7 Q 2013? 8 A I went to a different event, I'm sorry. 9 Q What event did you go to? 10 A An event in La Jolla California. 11 Q Was that why you didn't go to the Weinstein event? 12 A I purchased a ticket with my best friends for a 13 14 masquerade party previously. Q At anytime prior to going to the Montage on February 15 the 19th of 2013, did you stop at any other bars or go anywhere 16 else? 17 A On the way there you are saying? 18 Q Yes. 19 A No. 20 Q You went directly from your apartment to there? 21 A Yes. 22 MR. CHERONIS: 23 THE COURT: 24 25 Q If I may have a moment, your Honor. Sure. Ma'am, one more question about the door. Do you remember telling the District Attorney in May of 2019 you used Page 3036 1 all your strength to try to open the door? 2 A Yes. 3 Q Okay, was that not true? 4 A Once I recollected my memories in that actual bathroom, 5 6 I could retrace every step almost. Q So, when you talked to the District Attorney in May of 7 2019 and said you tried to open the door, that was just wrong 8 and you remembered it better when you went to the bathroom? 9 A Yes. 10 MR. CHERONIS: 11 MS. ILLUZZI: 12 THE COURT: 13 MS. ILLUZZI: 14 apologize. 15 REDIRECT EXAMINATION 16 BY MS. HAST: 17 Q Thank you. Can we have one moment please. Okay. One more minute Judge, we Ms. Young, Mr. Cheronis, the last question on cross 18 examination he asked you about a conversation, recorded 19 conversation you had with the District Attorney in L.A, do you 20 remember that? 21 A Yes. 22 Q He was asking you about whether or not you told them 23 that you pulled the door with all your strength, remember that? 24 A Yes. 25 Q I'm going to hand you what I'm going to mark as Page 3037 1 People's Exhibit 248. 2 Cheronis actually provided to me prior to your testimony of that 3 conversation. 4 This is a page of a transcript Mr. I would like you to draw your attention to the 5 underlined portion that states a statement you were making in 6 that recorded conversation, you see that? 7 A Yes. 8 Q Can you read what is underlined there? 9 A It was a sliding door that was locked. I wasn't, it 10 wasn't like I was like ug with all my strength because I was in 11 shock, so I was like dot, dot, dot. 12 THE COURT: 13 MR. CHERONIS: 14 17 No. I object to her reading from it. 15 16 Is this in evidence? MS. ILLUZZI: Q She meant read it to herself. Does that refresh your recollection what you actually said on the recording? 18 A Yes. 19 Q So, when you were speaking to the District Attorney, is 20 it true you actually said you weren't using all your strength to 21 try to open the door? 22 A Yes. 23 Q Yesterday Mr. Cheronis asked you a lot of questions 24 25 about dates, do you remember that? A Yes, I do. Page 3038 1 2 Q When you initially reported what happened in 2008, did you remember the exact date of the meeting at the hotel? 3 A No. 4 Q Were you attempting to sort of put together the 5 timeline based on some old e-mails? 6 A Of everything I could. 7 Q Describe to the jury you were talking a little about 8 getting locked out of your G-mail. 9 trying to do with respect to trying to date that incident? 10 A Describe what you were So, I had been going through my e-mails non-stop and 11 just using whatever I could, typing in searches all and seeing 12 what would come up. 13 That is how I would find things. I would type in like Weinstein and I would find that 14 thing. 15 in, it was just old e-mails on my computer, and I couldn't get 16 the password changed back yet, so I could not get every single 17 thing, but I had what was still logged in on my old mail on my 18 Mac book, so I used what I could to the best of my advantage 19 until I could get more information and I kept giving them 20 everything I found along the way. 21 22 Q Then I found the e-mails and then I couldn't get logged And February of 2012 when you went to the party, remember that? 23 A Yes. 24 Q Was that Oscar season in L.A? 25 A Yes. Page 3039 1 2 Q February of 2013 when you realized when the hotel event happened, what is that Oscar season in L.A? 3 A Yes. 4 Q I'm going to put up on the screen People's Exhibit 235. 5 6 7 8 9 What about this e-mail helped you to date the incident? A That she had said it was nice to meet me yesterday so that is how I got that date first. Q So, when that e-mail was sent that said it was nice to meet you yesterday on February 21, 2013, how were you able to 10 date back to the meeting at the Montage being February 19th of 11 2013? 12 A 13 14 15 Because it was the day before, so she written me two days after. Q Yesterday Mr. Cheronis showed you an e-mail from Claudia with a link to some pictures, do you remember that? 16 A Yes. 17 Q This was an e-mail you had received from Claudia 18 Salinas on February 24th of 2012; is that right? 19 A After the dinner. 20 Q Did Ms. Salinas send you a Facebook notification 21 tagging you in those same photos as well? 22 A Yes she did, and Instagram. 23 Q I'm going to show you what I marked as People's 246 and 24 25 247 for identification. ( Handed to witness). Page 3040 1 Q Do you recognize 246 and 247 for identification? 2 A Yes, I do. 3 Q What do you recognize those to be? 4 A These are Claudia Salinas added two photographs of me 5 on February 19, 2013, the same photos from the year before. 6 MS. HAST: 7 into evidence. 8 THE COURT: 9 10 11 I would like to move those two exhibits 246 and 247 are received into evidence. Q Putting up People's 246, can you read the date that you received that Facebook notification? 12 A February 20, 2013. 13 Q And just looking at below, the Facebook line, what does 14 that say there? 15 A Claudia Salinas added a photo of you. 16 Q What photos were those she added of you? 17 A From 2012 in February from the dinner. 18 Q Just putting up 247. 19 Is this a second notification you received of being tagged in Facebook? 20 A Yes. 21 Q Again, what is the date of that notification? 22 A February 19, 2013. 23 Q Again, underneath the Facebook, what does it say? 24 A Claudia Salinas added two photos of you. 25 Q Were those the same two photos you just received Page 3041 1 receiving that were from the dinner in 2012? 2 A Yes, they were. 3 Q Mr. Cheronis yesterday showed you some text messages 4 from your phone between you and a L.A detective, do you remember 5 that? 6 A Yes, I do. 7 Q Did you actually give your phone to the LAPD so they 8 9 10 11 could extract the data from your phone? A I wanted them to have access to all my e-mails and help me in any way. Q Do you remember, did you remember those text messages 12 from the texts about the hotel prior to Mr. Cheronis showing 13 those to you yesterday? 14 A No. 15 Q At that time when you were having those communications 16 with the detectives, did you go to numerous hotels in the 17 Beverly Hills areas in the lobbies? 18 A Yes, I did. 19 Q One of those was the Montage? 20 A Yes. 21 Q Did you recognize any of the lobbies of the hotels that 22 you went to? 23 A No. 24 Q So, even after that text message, you did not recognize 25 any of the hotels; is that right? Page 3042 1 A Right. 2 Q At that point were you able to identify the hotel where 3 you met the defendant and Claudia Salinas? 4 A Not at that point. 5 Q In November of 2019, were you with law enforcement when 6 you went to the hotels that time? 7 A Yes I was. 8 Q So, at that point were you actually able to go up into 9 suites and hotel rooms? 10 A Yes, I was. 11 Q Did you start looking at rooms in the Montage that day? 12 A No. 13 Q Do you remember what hotel you went to first? 14 A Beverly Hills. 15 Q Do you remember how many rooms you went, you looked in, 16 in the Beverly Hills Hilton? 17 A Hundreds worth, it was doing construction. 18 Q Did you recognize any of the layouts of any of those 19 suites? 20 A No. 21 Q At that point while you were at the Beverly Hills 22 Hilton, were you continuing to describe to the law enforcement 23 the layout of the suite that you were in with Harvey Weinstein 24 and Claudia back in February of 2013? 25 A Yes. Page 3043 1 2 Q After describing that layout repeatedly, is that the point you were taken to the Montage? 3 MR. CHERONIS: 4 THE COURT: Objection to leading. Overruled. 5 A Yes. 6 Q When you got to the Montage, did you recognize the 7 lobby? 8 A No. 9 Q Did you ask any of the employees about the lobby and 10 the bar area at that point? 11 A No, not until I came back down. 12 Q From where? 13 A From checking the rooms. 14 Q At what point did you realize that that was the Montage 15 where you had that meeting? 16 A Once I went into the room. 17 Q When you came back down, did you have a conversation 18 with an employee? 19 A Yes I did. 20 Q Can you just describe that? 21 MR. CHERONIS: 22 THE COURT: 23 Q 24 down? 25 A Objection to hearsay. Sustained. What were you trying to find out when you came back I asked them how long they have been working there and Page 3044 1 if anything had changed. 2 MR. CHERONIS: 3 THE COURT: 4 Q Same objection. Sustained. Mr. Cheronis yesterday asked you some questions about 5 interviews that you gave regarding the incident in the hotel, 6 remember that? 7 A Yes. 8 Q There were some questions, I'll date this because the 9 dates were a little off earlier. There were questions about an 10 interview you had on the phone with and ADA in Manhattan in July 11 of 2018, remember that? 12 A Uh huh, yes. 13 Q There were some questions about a recorded interview 14 you had with L.A detectives in October of 2018, right? 15 A Yes. 16 Q There were some questions about a recorded interview 17 that you had with L.A detectives and L.A D.A's on the phone in 18 May of 2019, remember that? 19 A Yes. 20 Q In each of those interviews, did you describe how you 21 got trapped in the bathroom with the defendant? 22 A Yes. 23 Q Did you describe how he masturbated in front of you? 24 A Yes. 25 Q Did you describe how he was holding and grabbing your Page 3045 1 2 breast? A Yes. 3 MR. CHERONIS: 4 THE COURT: 5 6 Q Objection. Sustained. By the way, can you describe the ejaculation when you saw the defendant ejaculate? 7 MR. CHERONIS: 8 THE COURT: Objection. Overruled. 9 A It didn't look normal, it was like clumpy. 10 Q I'm going to show you a page from some notes from your 11 interview in July of 2018, I'm going to ask you to read -- 12 13 MR. CHERONIS: Q Two parts, not out loud, just to yourself. 14 MR. CHERONIS: 15 THE COURT: 16 17 Q Objection. Objection. Sustained. Mr. Cheronis asked you yesterday about a statement that you made about being pushed into the bathroom, remember that? 18 A Yes. 19 Q Were you actually ever physically pushed into the 20 bathroom? 21 A No I was not. 22 Q Can you just describe what you were trying to 23 24 25 articulate when you were using that word? A That I was forced, stuck, trapped in there and I didn't properly explain it. Page 3046 1 Q Mr. Cheronis asked you a question yesterday, page 2980 2 of the transcript line 10. He said you also remember telling 3 the District Attorney in October of 2018 regarding the door, I 4 tugged on it, but it was not like I was pounding on the door 5 because he got out of my way, do you remember that? 6 A Yes. 7 Q Then he went further and said then the previous times 8 you testified you were pounding on it, that was not accurate, 9 was it? 10 A No. 11 Q Do you remember him saying that? 12 A Yes. 13 Q Did you actually ever tell somebody that you were 14 pounding on the door? 15 A I don't think so. 16 Q I'm going to show you -- 17 A I'm not sure. 18 Q I'm going to show you page 12 of a transcript that was 19 provided to me. 20 highlighted portions of that. 21 22 ( Handed to witness). Q 23 What did you say with respect to the door? THE COURT: 24 25 I'm going to ask you to yourself read the Direct her what she's doing and what not to do. Q Does that refresh your recollection as to what you Page 3047 1 actually said regarding whether or not you were pounding on the 2 door? 3 A Yes. 4 Q What did you actually say with respect to whether or 5 not you were pounding on the door? 6 7 8 MR. CHERONIS: Q Objection. You have to turn it over. What did you actually say with respect to pounding on the door? 9 A Um, do you mean like what really happened? 10 Q What did you say with respect, did you tell the 11 District Attorney you were pounding on the door or you weren't 12 able to pound on the door? 13 A Yeah, I was not able. 14 Q Mr. Cheronis asked you some questions about your 15 description of the defendant's body. 16 questions? 17 A Yes. 18 Q Were you having a difficult time articulating what you 19 Do you remember those actually observed when you were speaking to the detectives? 20 A Yes. 21 Q At that point, did you actually end up drawing the 22 picture that we entered into evidence? 23 A Yes. 24 Q Does that the picture you drew, did that accurately 25 depict what you saw to the best of your ability? Page 3048 1 A Yes, it did. 2 Q Ms. Young, Mr. Cheronis earlier today asked you about 3 an injection, remember that? 4 A Yes. 5 Q Did you ever look in the garbage pail? 6 A No. 7 MS. HAST: 8 THE COURT: 10 redirect. 11 RECROSS EXAMINATION 12 BY MR. CHERONIS: 14 No further questions. 9 13 Just one moment judge. Q Any recross within the confines of Ms. Young, you just told the member of the jury the ejaculation did not look normal, right? 15 A Correct. 16 Q You have never, ever, until this day, told anybody 17 that, have you? 18 A No, I've said that before. 19 Q Okay, when did you say that? 20 A I don't remember exactly when I said it. 21 Q Now, you told the members of the jury that you never 22 used the term pounding or banging on the door, right? 23 MS. HAST: 24 THE COURT: 25 Objection. Sustained as to whether she used the term pounding or banging. Page 3049 1 2 Q You said you did not pound on the door, right? On redirect you were just asked those questions? 3 A Okay. 4 Q Do you remember telling the District Attorney in July 5 6 of 2018 you were banging on the door? A Yes. 7 MS. HAST: 8 THE COURT: 9 Q Right? 10 A Yes. 11 Q Okay. 12 Objection. Overruled. When you were telling them that in July of 2018, the event was fresher in your mind, wasn't it? 13 A No. 14 Q It was not? 15 A Repeat it. 16 Q In July of 2018, you told the District Attorney you 17 were banging on the door, right? 18 A Yes. 19 Q Ms. Hast just asked you if you were ever pounding on 20 the door and you said no, you didn't say that, right? 21 A No, I said no, I didn't actually pound on the door. 22 Q But you told the District Attorney in July of 2018 that 23 you did? 24 A Yes. 25 Q And you told the members of the jury that when you used Page 3050 1 the term pushed, you really meant forced, right? 2 A Yes. 3 Q But what you actually said was that Claudia Salinas 4 pushed you into the room, right? 5 A Yes. 6 Q Those were your words, right? 7 A Correct. 8 Q You told the members of the jury on redirect that you 9 10 were having trouble articulating what Mr. Weinstein's body looked like, do you remember that? 11 A Yes. 12 Q Well, you spoke to Detective Vargas in October of 2018 13 and they asked you what his body looked like, didn't they? 14 A Yes. 15 Q They asked you about his genitalia, didn't they? 16 A Yes they did. 17 Q They asked you about whether he had testicles? 18 A Yes. 19 Q At that time you said he has them, I don't know if 20 there was one or two. They asked you where, where, how did you 21 notice them. 22 said those words, right? There is a sack under his hand, his penis, you 23 A Yes. 24 Q That was not trouble articulating what you saw? 25 MS. HAST: Objection. Page 3051 1 THE COURT: Sustained. 2 Q You told them what you saw, correct? 3 A I said one, two balls, I'm not sure what was in there 4 5 but I saw a sack but it did not look right. Q Then they asked you, you could make out the scrotum and 6 the testicles, and you say uh huh, then they ask you or not 7 sure, and you said I could make them out, correct? 8 A Yes. 9 Q Okay, so that was not, you weren't having any trouble 10 articulating that, were you? 11 MS. HAST: 12 THE COURT: 13 Q Objection. Sustained. What happened is when you said that to the detective 14 they kept asking you questions until you said maybe he didn't 15 have any balls, that is what happened, right? 16 A No. 17 MS. HAST: 18 THE COURT: 19 20 21 Objection. Overruled, question and answer stands. Q Later on in the same transcript after they asked you questions, you say maybe he didn't have any balls, didn't you? 22 A I didn't think the sack was full. 23 Q Really? 24 25 THE COURT: Q Sustained. So, when you said you could make out the scrotum and Page 3052 1 testicles, you said I could make them out, you were wrong? 2 MS. HAST: 3 THE COURT: Objection. Overruled. 4 A I was not wrong. 5 Q It was only after they kept asking you and asking you 6 and asking you that you said maybe he didn't have balls, right? 7 MS. HAST: 8 THE COURT: 9 10 Q Objection. Sustained. Ms. Hast asked you questions on redirect examination about the door, right? 11 A Yes. 12 Q You said a number of times it was a sliding door that 13 was locked, right? 14 MS. HAST: 15 THE COURT: Objection, I did not ask that. Overruled. 16 Q Correct? 17 A I said there was a sliding door. 18 Q You said the sliding door was a door that entered into 19 the bathroom though, right? 20 A I made that mistake at first. 21 Q And it was locked, correct? 22 A I made that assumption. 23 Q You banged on it, correct? 24 MS. HAST: 25 THE COURT: Objection. Overruled. Page 3053 1 Q Right? 2 A I didn't bang on it though. 3 Q You told people that? 4 MS. HAST: 5 THE COURT: Objection. Overruled. 6 Q Right? 7 A Yes. 8 Q You told people you were pushed into the bathroom, 9 right? 10 A Forced. 11 Q You said pushed? 12 A Trapped. 13 MS. HAST: Objection. 14 Q You said pushed? 15 A And trapped. 16 17 18 THE COURT: Q Sustained, move on please. The Government asked you whether or not you were familiar with any of those text messages I showed you, right? 19 A Could you repeat that. 20 Q They asked you if you are familiar with any of the 21 texts? 22 23 24 25 MS. HAST: Q Objection, that is not what I asked. Or if you remembered the text messages I showed you, correct? A You showed me yesterday, I remember them. Page 3054 1 2 Q Well, you met with the prosecutors a number of times before you testified, correct? 3 A A few. 4 Q A few. 5 When you met with them, they asked you questions, didn't they? 6 A Of course. 7 Q They prepared you to testify, didn't they? 8 A They did not prepare me. 9 Q What did you guys talk about? 10 A We talked about the case, but working, trying to find 11 12 13 everything up to the point we ended up finding. Q Is it your testimony these prosecutors never talked to you about what you were going to say in court? 14 A Excuse me. 15 Q Is it your testimony they never talked to you to 16 17 18 19 prepare you to testify? A They didn't tell me what to say if that is what you are asking. Q They went over what you were expected to say? 20 MS. HAST: 21 THE COURT: 22 A 25 THE COURT: Q Sustained. What I'm -- 23 24 Objection. Don't answer. Let me ask you this, you met with them, you met with them, correct? Page 3055 1 A Yes. 2 Q When you met with them, you talked to them about your 3 testimony, correct? 4 A Yes I did. 5 Q They didn't show you any of those documents when you 6 were meeting with them? 7 MS. HAST: 8 THE COURT: Objection, what document. Sustained. 9 Q They did not show you those text messages? 10 A No. 11 Q You didn't remember them until I showed them to you? 12 A Yes. 13 MR. CHERONIS: 14 THE COURT: 15 Thank you very much for your testimony. 16 MS. HAST: 17 THE COURT: 18 RE REDIRECT EXAMINATION 19 BY MS. HAST: 20 No further questions. Q Just one question. Go ahead. I'm going to show you a portion of the transcript from 21 your conversation. 22 yourself your conversation with the LAPD, read that to yourself 23 the part that is starred. 24 25 I'm going to ask you to read quietly to You were asked by Mr. Cheronis if you had ever described the ejaculation and what came out of the defendant's Page 3056 1 penis, do you recall that question, Ms. Young, do you recall 2 that question? 3 A One more time. 4 Q Do you recall the question by Mr. Cheronis whether or 5 not you had ever said prior to here today about what came out of 6 the defendant's penis and it was unusual? 7 A Yes. 8 Q Does reading that refresh your recollection about 9 10 having said that in prior conversations? A Yes. 11 12 THE COURT: re redirect. 13 RE RECROSS EXAMINATION 14 BY MR. CHERONIS: 15 Okay, anything within the confines of Q Ma'am, what they just referred to you said I wouldn't 16 let him, I would like to keep the top of my bottom part on, 17 yeah. 18 seen anything like that, that is what you said? Then I remember like pile, I don't know, I just, I never 19 A Yes. 20 Q You did not mentioned ejaculation there? 21 A That is the pile. 22 MR. CHERONIS: 23 THE COURT: 24 step down, you are excused. 25 A No further questions. Thank you for your testimony, you may Thank you, your Honor. Page 3057 1 THE COURT: 2 MS. HAST: 3 THE COURT: Call your next witness. The People call Ryan Beatty. Jurors, let me read to you again. You 4 heard evidence during the course of the trial the defendant 5 had certain sexual and other interactions with Dawn Dunning 6 and Tarale Wulff and also Lauren Young. 7 These witnesses are not the complaining witnesses 8 in the indictment, and I will explain again how this 9 evidence is to be considered by you. 10 This evidence was not offered and must not be 11 considered for the purpose of proving that the defendant 12 had a propensity or predisposition to commit the crimes 13 charged in this case. 14 It was offered as evidence for your consideration 15 on the question of whether the defendant intended to 16 forcibly compel the complaining witnesses in the indictment 17 to engage in the sexual acts, and whether each of the 18 complaining witnesses consented to those sexual acts. 19 If you find the evidence believable, you may 20 consider it for those limited purposes and to no other. 21 MS. ILLUZZI: 22 THE COURT: 23 ( Conversation held off the record). 24 MS. HAST: 25 May we approach briefly? Okay. We are just waiting for our witness to get to the witness room, but I do have some additional Page 3058 1 exhibits that I would like to move into evidence while we 2 are waiting for that. 3 THE COURT: 4 MS. HAST: Okay. Based on the stipulation with respect 5 to Access Integrated Technologies I would like to move into 6 Evidence People's Exhibits 237, 238, 240 and 250. 7 THE COURT: 8 MR. CHERONIS: 9 THE COURT: 10 11 12 13 MS. HAST: Exhibit 237. Okay, those are by stipulation? Yes, no objection. Go ahead. I'm going to put on the screen People's This is dated February 20, 2013. People's Exhibit 238, this is e-mails from February 23, 2013. 14 ( Published to jury). 15 MS. HAST: 16 ( Published to jury). 17 MS. HAST: People's Exhibit 240. This is February 19, 2013. I'll not 18 publish the last one now. Can we just approach briefly 19 before that next witness comes into the courtroom. 20 THE COURT: Okay. 21 ( Conversation held off the record). 22 THE COURT: All right jurors, I'm going to give 23 you a couple of minutes break so I can listen to the 24 attorneys about something. 25 Please remain mindful of all my prior admissions Page 3059 1 2 and instructions. During this or any other recess, keep an open mind, 3 do not form an opinion as to the guilt or innocence of the 4 defendant. See you back here in five minutes, thank you. 5 ( Jury exits courtroom). 6 THE COURT: All right, the jurors have left and 7 the door is about to be closed. 8 application. 9 MS. HAST: Yes Judge. People, you have an Based on the cross 10 examination of Lauren Young, we are seeking to go into 11 details with Ryan Beatty about what Ms. Young told him when 12 she returned home from the hotel crying. 13 She provided him with some details with respect to 14 the fact that the defendant was, had masturbated in front 15 of her and he was naked. 16 Judge, the defense opened their cross examination asking 17 Ms. Young about whether or not she had an attorney, about 18 the fact they talked about statute of limitations and 19 concerned about the statute of limitations, about the fact 20 her attorney was a civil attorney, about the fact doesn't 21 she know she can now sue if she brings criminal charges. 22 All those things were elicited to infer that she fabricated 23 this story recently in order to sue Harvey Weinstein. 24 THE COURT: 25 MS. ILLUZZI: It was a hotel bathroom, and What else? One second Judge. Page 3060 1 MS. HAST: And also, there were several questions 2 regarding her coming up with details about the hotel and 3 what happened in 2018 several times, it was not until 2018 4 you said this, it was not until 2018 you said this, 5 detectives told you it was at the Montage Hotel. 6 indicating she was recently coming up with this story. 7 MR. CHERONIS: First, she essentially admitted to 8 all the impeachment in this case. 9 she said all the things. 10 All She admitted to the fact They agreed these were stories told different times. 11 The mere fact a witness is cross examined about 12 having a lawyer does not open the door to a prior statement 13 regarding recent fabrication. 14 witness. 15 16 THE COURT: It is still a prompt outcry All right, we are going to proceed as if this is merely a prompt outcry witness at this point. 17 If the door is open on cross it does, if not, it 18 does not. 19 use the facilities, use them immediately. 20 ( Brief recess taken). 21 THE COURT: 22 MR. CHERONIS: 23 Let's get the jury back in. If anybody needs to All right, come to order. I would like to put something on the record. 24 THE COURT: Yes. 25 MR. CHERONIS: The prompt outcry, People versus Page 3061 1 Rosario, a very popular name of a case here in New York. 2 The prompt outcry rule is an exception to the 3 inadmissibility of the prior consistent statement of an 4 impeachment witness permits evidence a timely complaint was 5 made, but does not allow further testimony as to the 6 details of the incident. 7 We think by allowing Ms. Hast to elicit from 8 Mr. Beatty that it was a sexual assault, is not only close, 9 but crosses the lines to what a prompt outcry witness can 10 11 testify. He can testify she came home, she talked to him, 12 appeared stressed, but by saying a sexual assault, that is 13 beyond what the prompt outcry rule allows for, and we think 14 it is objectionable. 15 THE COURT: 16 MS. HAST: People. It is our position there is actually 17 caselaw that allows to go much further than that. 18 circumstances, the prompt outcry was even able to describe 19 the attacker that was told to him and give some details 20 about the incident. 21 In The whole purpose of the prompt outcry is it was of 22 a sexual nature. To not be able to at least round it in 23 that the conversation was a sexual assault, and we have 24 People V. McDaniel. 25 simply whether the victim made a complaint. The prosecutor's initial question was The witness Page 3062 1 answered yes, did not convey the complaint related to the 2 sexual attack. 3 the nature of the complaint which was not apparent from the 4 context. 5 Thus, the prosecutor was entitled to elicit MR. CHERONIS: I think this A, would be apparent, 6 and within that case it permits evidence citing People 7 versus Rice, a timely complaint was made, but does not 8 allow further testimony as to the details of the incident. 9 THE COURT: All right, and details would be if 10 the recent fabrication were allowed. 11 prompt outcry that the District Attorney may elicit. 12 13 14 This is a proper Well People, delineate why it is prompt and what the outcry -- what it is exactly you would be eliciting. MS. HAST: The victim, Lauren Young, went straight 15 from the hotel room to her apartment building where she 16 spoke to Ryan Beatty and described what happened. 17 what happened. 18 19 20 Told him And I would just be eliciting her demeanor when she returned home. I'll ask him if you had a conversation with her 21 about what happened at the meeting, and without telling us 22 the details of the conversation, was it about sexual 23 assault and did it involve the defendant. 24 25 THE COURT: jury is ready. Okay, that is permissible, see if the Page 3063 1 ( Jury enters courtroom). 2 THE CLERK: 3 All jurors are present and properly seated. 4 THE COURT: Welcome back jurors. People, call 5 your next witness. 6 MS. HAST: 7 COURT OFFICER: 8 ( Witness enters courtroom and is sworn in). 9 COURT OFFICER: 10 A 12 A. E. L. 13 15 Witness entering. In a cloud clear voice, give your full name. 11 14 The People call Ryan Beatty. Ryan Michael Beatty, R. Y. A. N, Michael, M. I. C. H. Beatty, B. E. A. T. T. Y. COURT OFFICER: A County of residence. Norwood. THE COURT: Good morning. Please listen 16 carefully to the questions from the ADA and answer her 17 questions to the best of your ability. 18 Please answer them loudly, clearly, and slowly. 19 Give full and complete responses to all her questions, and 20 try not to volunteer any information beyond her specific 21 questioned area. 22 On cross examination, it is perfectly likely Ms. 23 Rotunno will ask you questions also. Should she choose to 24 do so, give to her the same courtesy you're about to give 25 to the District Attorney. Page 3064 1 If you are asked to handle or view any exhibits or 2 items in evidence, you may do that upon the request from 3 either attorney without further permission from the Court. 4 If you are comfortable responding to the questions 5 from either attorney directly to the jury, you may do that, 6 otherwise, respond to whomever ever is asking you questions 7 at any given time, okay. 8 Keep your voice up, speak loudly and directly into 9 the microphone. 10 You can move it down if that works, please inquire. 11 MS. HAST: 12 DIRECT EXAMINATION 13 BY MS. HAST: Thank you. 14 Q Good morning. Where are you currently living? 15 A L.A. 16 Q Are you working? 17 A Yes. 18 Q What do you do? 19 A Music producer. 20 Q Where were you born and raised? 21 A Norwood Pennsylvania. 22 Q Do you know somebody named Lauren Young? 23 A Yes. 24 Q How do you know Lauren? 25 A High school. Page 3065 1 2 Q High school. Directing your attention to 2013, where were you living that winter? 3 A Venice. 4 Q Venice, California? 5 A Uh huh. 6 THE COURT: Yes or no? 7 A Yes. 8 Q Were you in touch with Lauren at that time? 9 A Yes. 10 Q What was your relationship at that time? 11 A Friends. 12 Q How often were you seeing her in the winter of 2013? 13 A A couple of times a week. 14 Q I'm going to show you People's Exhibit 13 in evidence. 15 Do you recognize either of the women in that photograph? 16 A Lauren on the left. 17 Q Do you know the woman on the right? 18 A No. 19 Q Do you recall a night in the winter of 2013 that Lauren 20 had a meeting with Harvey Weinstein? 21 A Yes. 22 Q Did you see Lauren prior to that meeting? 23 A Yes. 24 Q Where did you see her? 25 A Downstairs apartment, at her friend Cara. Page 3066 1 2 Q That was downstairs from her apartment at another friend's apartment? 3 A Yes, Cara's apartment. 4 Q Did you know what the meeting with Harvey Weinstein was 5 about? 6 A A script. 7 Q Did you know where it was? 8 A No. 9 Q Can you describe for the jury Lauren's demeanor before 10 leaving for that meeting? 11 A Excited. 12 Q Were you still at Cara's apartment when Lauren returned 13 home after that meeting? 14 A Yes. 15 Q Can you describe her demeanor when she returned home? 16 A Extremely upset. 17 Q And when you say extremely upset, can you describe what 18 19 you mean by that? A She was just hysterically crying, could not really get 20 words to come out kind of, it was probably the worst I've ever 21 seen her. 22 Q And did you have a conversation with her at that time? 23 A Not that I remember in detail. 24 MS. HAST: 25 THE COURT: I have no further questions. Any cross examination? Page 3067 1 MS. ROTUNNO: 2 CROSS EXAMINATION 3 BY MS. ROTUNNO: 4 5 Q Yes Good morning Mr. Beatty. What time did Lauren leave for that meeting? 6 A I'm not sure. 7 Q How long was she gone before she came back? 8 A Not sure. 9 Q You were downstairs at her friend's apartment, correct? 10 A Yes. 11 Q You were there before Lauren left and there after 12 Lauren came back, correct? 13 A Yes. 14 Q Everyone was drinking at that apartment, correct? 15 A Not that I'm aware of. 16 Q Had Lauren had any drinks before she left? 17 A Not that I'm aware of. 18 Q Do you know when she left was it light or dark out? 19 A I believe it was dark. 20 Q Do you know if she came back whether it was light or 21 dark out? 22 A It was dark. 23 Q You don't know if she was gone for 20 minutes, three 24 25 hours, five hours? A I cannot give a specific time. Page 3068 1 Q Mr. Beatty, at the time Ms. Young was trying to piece 2 together when this allegedly happened to her, she reached out to 3 you with regard to a timeline, would that be fair to say? 4 MS. HAST: 5 THE COURT: Objection. Overruled. 6 A Repeat that. 7 Q When Ms. Young was trying to determine when this 8 allegedly happened to her, she reached out to you for a 9 timeline, would that be fair to say? 10 MS. HAST: 11 THE COURT: Objection. Overruled. 12 A I don't remember. 13 Q Well, she reached out to you asking for you to send her 14 flight information, correct? 15 MS. HAST: 16 THE COURT: Objection. Overruled. 17 A I don't remember. 18 Q Well, do you remember sending her an e-mail with flight 19 information stating that you arrived, excuse me, you took a 20 flight on January 8th or January 9th of 2013? 21 22 MS. HAST: A 23 24 25 I don't remember. THE COURT: Q Objection? Overruled. Would an e-mail refresh your recollection with regard to that information? Page 3069 1 A Can I see it. 2 Q So would that help? 3 A I would like to see it. 4 ( Handed to witness). 5 A I don't remember. 6 Q You have know -- let me ask you this, were you 7 traveling in January of 2013? 8 A Can I see it one more time. 9 Q Sure. 10 11 12 ( Handed back to witness). A Okay, I was thrown off by the name. Julia Bates was a friend's mom who got me the ticket. 13 Q Julia bates, you took that flight, correct? 14 A Yes. 15 Q Because somebody else had to book this flight for you 16 because at the time you weren't working, correct? 17 MS. HAST: 18 THE COURT: 19 A 20 21 22 Stricken. Where did you fly from and to when you took this flight? 23 MS. HAST: 24 THE COURT: 25 Sustained. Self-employed. THE COURT: Q Objection. Q Objection. Sustained. Well, you came into LAX on January 9th? Page 3070 1 MS. HAST: 2 THE COURT: 3 Q Objection. Sustained. Mr. Beatty, you sent this e-mail from the screen shot 4 of this ticket to Ms. Young when she was trying to determine 5 when this allegedly happened to her, correct? 6 MS. HAST: 7 THE COURT: Objection. Overruled. 8 A Repeat the question. 9 Q You sent this screen shot to Ms. Young when she was 10 trying to determine when this allegedly happened to her, 11 correct? 12 13 THE COURT: Q Sustained. Let me ask you this, did Ms. Young reach out to you and 14 ask you for information regarding your flight in January of 15 2013? 16 MS. HAST: 17 THE COURT: 18 MS. ROTUNNO: 19 THE COURT: 20 Q Objection, asked and answered. Sustained. May we approach? No. You believe, Mr. Beatty, this event that you are 21 discussing now before this jury happened in January of 2013, is 22 that fair to say? 23 MS. HAST: 24 THE COURT: 25 Q Objection. Sustained. You believe that because this is the information Ms. Page 3071 1 Young asked you for? 2 MS. HAST: 3 THE COURT: 4 5 Q Objection. Sustained, don't answer it. This script that Ms. Young was taking, did you see that script? 6 MS. HAST: 7 THE COURT: Objection. Overruled. 8 A No. 9 Q Did she have a script in her hand as she was leaving to 10 go visit Mr. Weinstein? 11 A I don't remember. 12 Q You remember if she came back with a script? 13 A I don't remember. 14 Q Do you remember if it was her script or someone else's? 15 A I don't remember. 16 Q Have you ever seen a script Ms. Young has written? 17 A I don't remember. 18 19 MS. ROTUNNO: If I can have a minute, nothing else. 20 THE COURT: Thank you very much for your 21 testimony, you may step down. You are excused. 22 People, call your next witness. 23 MS. HAST: 24 COURT OFFICER: 25 ( Witness enters courtroom and is sworn). People call David Chan. Witness entering. Page 3072 1 COURT OFFICER: 2 you can. 3 spell your last name. 4 A COURT OFFICER: A County of residence. New York County. 7 8 In a cloud clear voice, give your full name, David Chan, C. H. A. N. 5 6 Pull up as close to the mic as THE COURT: Lift that so you can seek directly into it. 9 Please listen carefully to the questions from the 10 ADA and answer her questions to the best of your ability. 11 Answer them loudly, clearly, and slowly. 12 Please give full and complete responses to all the 13 questions, but try not to volunteer any information that 14 goes beyond her specific questioned area. 15 If and when you're asked to handle or view or 16 review any exhibits or any items in evidence, you may do 17 that upon the request of the attorneys without any further 18 permission from the Court. 19 inquire. Other than that, please 20 MS. HAST: 21 (Continued on next page) 22 23 24 25 Thank you. Page 3073 1 (Continued from the previous page.) 2 Q Good morning. 3 A I am employed in the District Attorney's Office, High 4 Where are you employed? Tech Analysis Unit. 5 Q That is at the Manhattan District Attorney's Office? 6 A That is correct, yes. 7 Q What is your position there? 8 A I am a deputy director. 9 10 11 First and foremost, I am a forensic computer analyst. Q And how long have you been working here as a computer forensic analyst? 12 A Over eight years now. 13 Q Can you just describe what a computer forensic analyst 14 15 is and does? A So we handle digital evidence and extract information 16 off of them. 17 drives and in this case cellular devices. 18 When I say, digital evidence, I mean PCs, hard We have special tools to extract the information in a 19 control environment such as a Ramsey Box to prevent the 20 cellular device from connecting to the cellular network. 21 We have software such as Cellebrite to extract 22 information using read only commands and into a format that is 23 reviewable by the Assistant District Attorney and their 24 investigative team. 25 Q And, approximately, how many phones have you extracted Page 3074 1 data from during your time at the Manhattan District Attorney's 2 Office? 3 4 5 6 A Over 1200 cellular devices and over 2600 devices in total. Q On October 5, 2018, did you receive some phones with respect to this case? 7 A Yes. 8 Q How many phones did you receive? 9 A I received five. 10 Q And how did you come to receive those phones? 11 A Detective Jonathan Reid, delivered them. 12 Q And Jonathan Reid, is he an investigator with the 13 District Attorney's Office here in Manhattan? 14 A That is correct. 15 Q And did you -- did the phones -- were they accompanied 16 17 18 19 20 21 by a search warrant or a consent to search form? A Yes, a letter of consent. Again, before we do any digital extractions we have to have authorized paperwork. Q And just describe what a letter of consent or that authorizing paperwork is? A A search warrant is an authorizing paperwork that is 22 authorized by a Judge and then a letter of consent is offered 23 by the owner of the device. 24 25 Q And in this case the letter of consent, who was that signed by authorizing you to search those phones? Page 3075 1 A Jessica Mann. 2 Q Were you able to extract data from all five of the 3 phones? 4 A 5 them. 6 Q 7 Initially, we were only able to extract from four of And were you eventually able to extract from the fifth phone? 8 A Yes. 9 Q And just describe what happened with respect to the 10 11 fifth phone? A The fifth phone had some water damage on it, so we had 12 to send it out to a third-party to fix it. 13 came back to us we were able to use our software to extract the 14 information off of it. 15 16 Q And then when it What program did you use in order to extract the data from those five phones? 17 A Cellebrite is the main tool used. 18 Q Does Cellebrite capture both deleted and un-deleted 19 content? 20 A Yes. 21 Q Can you just describe how that happens? 22 A Again, it just depends on the extraction. When it 23 extracts information off of the device, it reads it in its 24 entirety. 25 read it off. Even if it was marked for deletion, it would have Page 3076 1 Q With respect to the five phones that you extracted 2 data from on October 5, 2018, were you able to tell the last 3 time each of those phones was accessed prior to you accessing 4 the phones to extract data? 5 A Yes. 6 Q And can you provide the jury with the dates each of 7 8 those five phones were last accessed prior to you? A I am going to have to review my notes for the dates. 9 10 MS. HAST: Judge, with your permission, can the witness reviews his notes? 11 THE COURT: Yes. 12 MS. HAST: 13 THE WITNESS: Thank you. So I am just going to read the 14 dates off: 15 3rd, 2016; July 1st, 2014; August 13, 2018; and, finally, 16 September 28th, 2016. 17 18 February 20, 2012, was one of the phones. July BY MS. HAST: Q So focusing your attention on the phone that was last 19 accessed August 13, 2018, could you tell what was done when it 20 was accessed on August 13, 2018? 21 22 A So there were two recordings saved with the labels of 11/11/16, which is a date and 1/11/17. 23 Q So on that date the user saved two items? 24 A Right. 25 So the device -- those two recordings were saved with those labels, yes. Page 3077 1 2 Q Prior to August 13, 2018, could you determine the most recent user activity before that access saving the messages? 3 A Yes. 4 Q When was that? 5 A October 10, 2017. 6 MS. HAST: 7 THE COURT: 8 MR. CHERONIS: 9 THE COURT: 10 testimony. 11 Any cross-examination? No. Thank you very much for your You may step down. You are excused. (Witness is excused.) 12 13 No further questions, Judge. THE COURT: Okay, People, any further testimony or evidence on the People's direct case? 14 MS. ILLUZZI: 15 MS. HAST: Yes. One more exhibit, Judge. Judge, this is marked for 16 identification as People's Exhibit 251 and pursuant to the 17 stipulation regarding Access Integrated Technology, we are 18 seeking to enter it into evidence. 19 THE COURT: 20 MS. HAST: 21 THE COURT: 22 Okay. I am going to publish it to the Jury. So received. (Published to the jury.) 23 THE COURT: 24 MR. CHERONIS: 25 By stipulation. it. Okay. I don't know if they got to read Page 3078 1 MS. HAST: 2 February 3rd, 2013. 3 Just for the record, this is dated (Published to the jury.) 4 MS. HAST: Everybody good? 5 Judge, just in reviewing our exhibits last night, 6 I doubled up two numbers, so I just wanted to add just 7 that. 8 (sic) that were marked as exhibits which were marked as 9 Exhibit 233 and 234. 10 And so, there were two emails regarding A. Sean So I am just going to adjust those numbers. 11 And so, the A. Sean tomorrow morning exhibit 12 which is dated March 17, 2013, will now be People's Exhibit 13 241 and the A. Sean contact information card will now be 14 People's Exhibit Number 242. 15 THE COURT: 16 Just when the regular Clerk gets back, work out 17 Okay. that with them. 18 MS. HAST: I will. 19 THE COURT: Okay. 20 23 People any further testimony or evidence on the People's direct case at this trial? 21 22 All right. MS. ILLUZZI: No, Judge, thank you. The People rest. THE COURT: All right. So we will take a break 24 and defense counsel and the DA and I have a couple of 25 matters to discuss. Page 3079 1 2 MS. ILLUZZI: Before we do that, Judge, may we approach? 3 THE COURT: 4 No. (Discussion held at the bench, off the 5 record.) 6 (The discussion off the record concluded, 7 and the following occurred in open court:) 8 THE COURT: 9 Okay. All right. So the People have not rested. 10 Recalling Tarale Wulff. 11 COURT OFFICER: 12 Witness entering. (Witness entered the courtroom.) 13 THE COURT: All right. Welcome back, Ms. Wulff, 14 I remind you that you are still under oath. The same rules 15 apply and we are going to resume a portion of your 16 cross-examination by Ms. Rotunno and we will get you the 17 microphone. Okay. 18 T A R A L E 19 People herein, called as a witness, being previously sworn, was 20 examined and testified further as follows: 21 W U L F F, THE COURT: 22 Rotunno. 23 CROSS-EXAMINATION 24 BY MS. ROTUNNO: 25 Q Please resume your inquiry Ms. Good morning, Ms. Wulff. Page 3080 1 A Good morning. 2 Q Ms. Wulff, when you took the stand on January 29th of 3 2020, you had given me an answer with regard to your friend 4 named Gloria Busse, BUSSE, is that correct? 5 A I did. 6 Q And you had given me that information in response to a 7 question I asked you about the fact that you had changed the 8 date -- a year, excuse me, of when you allege that your 9 encounter happened with Mr. Weinstein, is that correct? 10 A I apologize. Would you mind repeating that? 11 Q You had given me Ms. Busse's name in response to a 12 question I asked you about the change in the year that you 13 stated your alleged event happened with Mr. Weinstein, correct? 14 A I believe so, yes. 15 Q And you gave me that name because I was questioning as 16 to how you came to this change in year from 2004 to 2005? 17 A I believe so, yes. 18 Q And you had made a phone call to this friend of yours 19 in an attempt to recreate when you believe that that 20 potentially took place? 21 A No, I didn't. 22 Q Well, you reached out to your friend when you were 23 trying to put together a timeline, would that be fair to say? 24 A No, I am not exactly -- no. 25 Q Well, Ms. Wulff your friend, Ms. Busse, is the one Page 3081 1 that gave you information and based on that information you 2 said this must have happened in 2005 not 2004, correct? 3 A Not exactly, no. 4 Q Well, what did she tell you? 5 MS. HAST: 6 THE COURT: 7 8 9 10 Objection. Sustained. BY MS. ROTUNNO: Q You made a phone call to your friend, Ms. Busse, in regards to what you were going to testify to or talk to the District Attorney's about in this case, correct? 11 A That's not correct. 12 Q Well, when you spoke to that friend, that friend told 13 you about another meeting you had with Mr. Weinstein, correct? 14 MS. HAST: 15 THE COURT: 16 THE WITNESS: Objection. Overruled. Um, you asked if she told me about 17 another meeting? 18 Q Yes. 19 A Yes. 20 Q And you don't recall that meeting, correct? 21 A Not vividly, no. 22 Q But she told you that she was there, right? 23 A Correct. 24 Q She told you she went with you, correct? 25 A Correct. Page 3082 1 Q And that you were meeting with Mr. Weinstein? 2 A Correct. 3 Q And you have no idea when that meeting with her took 4 place, correct? 5 A Not the date, no. 6 Q And you don't remember the year even, correct? 7 A I know the year when my incident happened. 8 Q That's not what I am asking you. 9 10 you know the year that Ms. Busse went to a meeting with you and Mr. Weinstein? 11 MS. HAST: 12 THE COURT: 13 THE WITNESS: 14 memory of the meeting. 15 16 17 I am asking you, do Objection. Overruled. I don't know. I don't have a BY MS. ROTUNNO: Q So your friend told you you were there, she was there and you have no idea of it happening? 18 A I just don't remember the meeting. 19 Q And your friend didn't set that meeting up with Mr. 20 Weinstein, correct? 21 MS. HAST: 22 THE COURT: 23 24 25 Q Objection. Sustained. Your friend didn't know Mr. Weinstein other than through you, would that be fair to say? MS. HAST: Objection. Page 3083 1 THE COURT: 2 THE WITNESS: 3 never asked her. 4 Q 5 Overruled. meetings with Mr. Weinstein without you? MS. HAST: 7 THE COURT: 8 MS. ROTUNNO: 9 THE COURT: 10 MS. HAST: 11 THE COURT: Objection. Sustained. Nothing further. Any redirect? No. testimony, Ms. Wulff. 13 Thank you very much for your You may step down. You are excused. (Witness is excused.) 14 15 MS. ILLUZZI: Judge. 16 We rest now. The People rest, Thank you. THE COURT: Okay. All right. So the People now 17 have rested on their direct case. 18 and I will discuss a number of matters at this point. 19 20 23 So all of the attorneys Ms. Rotunno, are you prepared to say before the Jury leaves whether the defense is going to put on a case? 21 22 I Well, did she ever tell you that she had any other 6 12 I don't know her relationship. MS. ROTUNNO: case. Judge, we are going to put on a We are prepared to start that this afternoon. THE COURT: So the defense has a number of 24 witnesses to call and we will hear them over the course of 25 the next three or so days in all likelihood. It might be a Page 3084 1 little less or it might be a little more. 2 3 So that's the schedule for the next stage. I know more, you will know more. 4 So see you in about five or ten minutes. 5 Please remain mindful of all of my prior 6 admonitions and instructions during this or any other 7 recess. 8 9 Have a good break. (The jury exited the courtroom and the 11 following occurred:) 12 THE COURT: Tell me, again, who your first witness is? 14 MS. ROTUNNO: 15 THE COURT: 16 MS. ROTUNNO: 17 See you in a few minutes. Thank you. 10 13 When Warren Leight or Paul Soychak. They are both here? No, they were both told to come at lunchtime. 18 THE COURT: 19 Any motion at the end of the People's case? 20 MS. ROTUNNO: 21 Judge, I am making a trial order of dismissal at 22 23 That's fine. Yes, Judge. the close of the People's case. Judge, specifically, with regard to Jessica Mann 24 and the alleged incident that happened in March of 2013, in 25 a New York hotel room. Page 3085 1 Judge, the evidence elicited from Ms. Mann on 2 direct examination and then on cross-examination did not in 3 any way show any forcible acts on behalf of Harvey 4 Weinstein to Ms. Mann. 5 She testified that she went up to the hotel room 6 with him. 7 private to have a conversation with him. 8 9 She wanted to go to a place that was more Mr. Capalongo testified from the Doubletree that Mr. Weinstein went up to the area that you would go to go 10 to the elevators and Ms. Mann followed him, never that she 11 was being touched or guided up to that room. 12 Once in that room, she said that she was arguing 13 with him and negotiating with him. 14 bathroom and that she just lie there. 15 He went into the Judge, that does not in any way rise to the level 16 of the elements that the People need to prove to prove the 17 charges against Mr. Weinstein in those matters. 18 With regard to the other charges in this case, 19 Judge, we believe that the people have also not made their 20 burden and we ask that you grant the motion. 21 THE COURT: All right. 22 MS. ILLUZZI: 23 MR. CHERONIS: May I? And we just also reinstate and 24 re-request all of our motions for a mistrial that have been 25 asked up until this point, including supplementing the Page 3086 1 argument regarding Ms. Busse. 2 3 It is our position that Ms. Busse is even now more relevant based on Ms. Wulff's testimony. 4 Obviously, she's not available to us and we are 5 re-raising any issues we had regarding the statute of 6 limitations regarding, I believe, the rape three, we are 7 raising that as well. 8 THE COURT: 9 MS. ILLUZZI: Do you wish to be heard? Yes. Your Honor, the People have 10 more than proved this case beyond a reasonable doubt and 11 certainly there is sufficient evidence for this to go 12 before a jury. 13 I hearken you first to Annabella Sciorra. 14 Ms. Sciorra indicates that on the night in 15 question she receives after coming home, getting a ride 16 from the defendant, she receives a knock at the door. 17 is in her evening attire in that she is wearing just a 18 nightgown. 19 She opens the door, a crack. She The defendant then 20 barges in. 21 say, going from room to room and beginning to undue his 22 clothing. 23 24 25 He begins to case the apartment as she would She says, no. think this is. This is -- I don't know what you This is not happening. She orders him out. He is not dissuaded. He Page 3087 1 continues to back her up into a bedroom, grabs her and 2 forcibly puts on her on a bed. 3 She physically resists. He holds her arms and 4 her wrists above her head and then enters her vagina with 5 his penis. 6 and she has continually fought trying to get him off of 7 her. 8 9 10 After that he then puts his mouth on her vagina At that point she is losing her physical battle. She almost seizes and she is left on the floor. Ms. Haley indicates that after going to the -- 11 she goes to the defendant's apartment after previously 12 rejecting any of his advances and what starts out as a 13 normal conversation, changes quickly. 14 The defendant at some point lunges at her, 15 forcibly kissing her, back act her into a bedroom, causing 16 her to fall back on the bed. 17 18 19 She tries to get up several times. He keeps putting her back down. He then puts his mouth on her vagina. She 20 continues to try to dissuade him from doing this, even 21 telling him, I am on my period. 22 23 24 25 I have a tampon. He forcibly removes the tampon and continues to do the same. She actually also says that she is in fear. says that a driver took her up to the apartment. She She Page 3088 1 thinks that even screaming or trying to push him and trying 2 to physically get past him would not prove to be fruitful. 3 She fears that maybe the driver is even still 4 there or downstairs. 5 says. 6 Maybe he is in on it is what she As far as Jessica Mann indicates, Judge, she's at 7 a hotel. 8 defendant. 9 private conversation on that day. 10 She's not there to go to a room with the And she does not ask the defendant for a That was conflated by counsel. 11 In fact, she is there and he is there at that 12 time, she believes, to have a breakfast meeting to 13 introduce him to her friends. 14 Prior to that breakfast meeting, the defendant 15 arrives early for that meeting to the surprise of Ms. Mann 16 and she goes down and finds that he is checking in to a 17 room. 18 She becomes distraught because she realizes what 19 he is going to want. 20 She's grabs her and tells her to not embarrass him and even 21 Mr. Capalongo who doesn't know the defendant, is not a 22 woman, and is not in fear of being raped, was also, 23 equally, found the defendant both menacing and intimidating 24 at that moment. 25 She just tries to dissuade him. The defendant then leads her upstairs and then at Page 3089 1 some point takes his hand and pushes her ahead of him, 2 which is outside of the sight of Mr. Capalongo. 3 They go up to the room. She several times tries 4 to get out of the room, tries to open the door. 5 his arm -- he is, obviously, much larger, much stronger and 6 a taller person, puts his arm over her, across the door 7 jamb, slamming the door shut against her repeated efforts 8 to get out. 9 He puts He demands that she gets naked and get on the 10 bed. After, only after she is completely naked, he goes 11 briefly into the bathroom, comes back, puts his weight on 12 her and forcibly enters her vagina with his penis. 13 14 In all of these instances, certainly, Judge, rape in the first degree is made out. 15 In the third instance, not only is rape in the 16 first degree made out and criminal sex act in the first 17 degree intermittently for the other witnesses, but 18 additionally, Judge, rape in the third degree is made out. 19 Moreover because of the forcible rape and 20 forcible criminal sex act of Annabella Sciorra, the People 21 have proved that the defendant committed predatory sexual 22 assault. 23 THE COURT: Okay. The motions for the trial 24 order of dismissal and also motion for a mistrial is 25 denied. Page 3090 1 2 I will bring the jury back in. them until 2:15 and we will resume at this point. 3 4 I will excuse Do you think you will be able to get both witnesses on today? 5 MS. ROTUNNO: 6 THE COURT: 7 And how long tomorrow will Dr. Loftus take? 8 MS. ROTUNNO: 9 All right. An hour-and-a-half, Ms. Samson is THE COURT: Two hours or whatever. MR. CHERONIS: 13 THE COURT: No. And how long is your cross of Dr. Loftus? 15 MS. ILLUZZI: 16 THE COURT: 17 MS. ILLUZZI: 18 THE COURT: 19 MS. ILLUZZI: 20 THE COURT: 21 Ms. Hast, give me a number. 22 MR. CHERONIS: 23 Not like two days? 12 14 Jury is entering. not here. 10 11 I do. I don't know. Twenty minutes. I don't know. Whatever. Give me a number. I don't have a number. Give me a number. I will give you a number. minutes, Judge. 24 THE COURT: 25 MS. ILLUZZI: So 20 minutes. Can I ask some questions? Five Page 3091 1 THE COURT: 2 MS. ILLUZZI: 3 judge. 4 5 I don't judge. I am a very inquisitive person, I have a lot of questions. THE COURT: I want to know if you are going to go for two days. 6 COURT OFFICER: 7 Jury entering. (The jury entered the courtroom and the 8 following occurred:) 9 THE CLERK: All jurors are present and properly 11 THE COURT: All right. 12 So we are going to stand in recess until 2:15. 10 seated. Welcome back jurors. 13 At which time you will probably hear two witnesses from the 14 defense for today and then we will proceed tomorrow and 15 Monday from there with additional testimony and evidence, 16 and, you know, thereafter as appropriate. 17 Therefore, please remain mindful of all of my 18 prior admonitions and instructions during this or any other 19 recess. 20 Keep an open-minded. Do not form an opinion to 21 guilt or innocent of the defendant. 22 case among yourselves or with anyone else nor allow anyone 23 to discuss it in your presence. 24 25 Do not discuss this Refrain from any and all research or communication, electronically, on the internet or otherwise Page 3092 1 about anything or any topic, whatsoever, to do with this 2 case. 3 Have a great long lunch. I am sorry it's not as 4 nice as it was the rest of the week but see you back here 5 prior to 2:15. 6 Thank you very much. 7 (The jury exited the courtroom and the 8 following occurred:) 9 THE COURT: 10 All right. So, since we do have a time, can you step up? 11 (Discussion held at the bench, off the 12 record.) 13 (The discussion off the record concluded, 14 and the following occurred in open court:) 15 THE COURT: 16 All right. See you at 2:15. you. 17 (Lunch recess is taken.) 18 (Continued on the following page.) 19 20 21 22 23 24 25 Thank Page 3093 1 (Continued from the previous page) 2 (Exhibits are published to the Jury.) 3 Q And, Mr. Feldsher, there is one line in one of the 4 emails that says, I am loyal to you Harvey. 5 your back. 6 know you've got mine, correct? 7 A You call on me. I will always have Honoring our agreement helps me Correct. 8 MS. ILLUZZI: 9 THE COURT: Objection. Overruled. 10 Q What did you mean by that statement? 11 A Briefly, my relationship with the company is I was 12 sent in to a lot of very difficult situations, films that were 13 in trouble, et cetera, so I was kind of a Miramax Weinstein 14 Company Red Adair. 15 did a really good job for Harvey. 16 17 And I always was -- I felt like I always I was pissed off that I wasn't being paid as promised. Q And did that conversation or this payment on the 18 movie, The Upside, have anything to do with your testimony in 19 court here? 20 A Zero. 21 THE COURT: 22 MS. ROTUNNO: 23 THE COURT: 24 MS. ILLUZZI: 25 CROSS-EXAMINATION Anything further? Nothing further. Any cross-examination? Yes. Thank you. Page 3094 1 BY MS. ILLUZZI: 2 Q Good afternoon, Mr. Feldsher. 3 have we? 4 A No. 5 Q My name is Joan Illuzzi. 6 A No. THE COURT: 8 THE WITNESS: 9 THE COURT: Wait for a question. Well, I am not sure -All right. THE WITNESS: Q Have we spoken? 14 A I don't think so. Okay. Do you remember us speaking? Somebody from your office called me and I don't know if it was you. 16 Q Were you invited to come in? 17 A I beg your pardon. 18 Q Were you invited to come in? 19 A No. 20 Wait for another BY MS. ILLUZZI: 13 15 Hold on. question. 11 12 Have we ever spoken, sir? Um -- 7 10 We have never spoken, This was many months ago somebody called me and asked me if I wanted to talk about the Harvey Weinstein case. 21 Q And? 22 A I said, I didn't. 23 Q Okay. 24 A Um, by subpoena, under force. 25 Q Did you speak to the defendant before you came here? And then how did you come here today then? Page 3095 1 A Yes. 2 Q Have you been speaking to the defendant about coming 3 4 5 6 7 here and testifying? A I have talked to Harvey. Harvey is my friend. I have been talking to him for a long time, yeah. Q But have you spoken and have you met with defense attorneys here? 8 A I have. 9 Q How many times? 10 A Twice. 11 Q And they took notes? 12 A I presume. 13 Q Both times they took notes? 14 A Again, I don't -- I presume they took notes. 15 know. 16 Q Who did you meet with from the defense team? 17 A Ms. Rotunno, Ms. Samson, Damon's last name I can't 18 remember, sorry Damon, and Ryan. I don't I am sorry Ryan. 19 Q And when was that, approximately? 20 A Um, well I met with them once in -- not that full of a 21 group. 22 some point, August. 23 with the aforementioned group. 24 25 Q I met with Ms. Rotunno and Ms. Samson in the summer at And then this week I met with Ms. Rotunno And did you tell them that you didn't want to come here and testify? Page 3096 1 A I think I was pretty clear about that, yes. 2 Q That you had to be subpoenaed to come? 3 A Yes. 4 Q But then you did meet with them voluntarily, right? 5 A I did, yes. 6 Q But you didn't meet with the prosecution voluntarily? 7 A Well, the prosecution didn't -- I mean, it was -- no, 8 9 10 is the answer. Q that Ms. Rotunno asked you about. 11 12 Now, Mr. Feldsher, let's go over some of the things You indicated that you knew Harvey Weinstein for about 30 years, is that correct? 13 A Yes. 14 Q But, initially, it really wasn't a friendship? 15 A Correct. 16 Q And you have known Annabella Sciorra for about the 17 same time? 18 A Correct. 19 Q And you do know that Rosie Perez was Annabella's 20 friend, correct? 21 A I don't know that they are friends. 22 Q Okay. 23 A Yes. 24 Q How often would you see her, say from 1990 to 1995, 6 25 or 7? You were very close to Annabella? Page 3097 1 A Often. 2 Q Was that with Meryl Poster? 3 A Occasionally, but generally not. 4 Q Do you know -- can you tell the jury who Meryl Poster A Meryl Poster was for many years the president of 5 6 is? 7 production at Miramax. 8 Company. 9 Q I don't believe at the Weinstein I don't know if she carried on with that company. Is Meryl Poster a very close associate of Harvey 10 Weinstein? 11 A No. 12 Q Meryl Poster is not a close associate of Harvey 13 Weinstein? 14 A Currently, no. 15 Q No, but all the 30 years that you have known Harvey, 16 17 18 has Meryl Poster been a close associate of Harvey Weinstein? A Not for that -- she worked for him a number of years a number of years ago. 19 Q When was the last time you spoke to Meryl Poster? 20 A Yesterday. 21 Q And did you speak to her about coming here and 22 23 testifying? A She knows that I am coming to testify. 24 remember what we talked about yesterday. 25 Peloton machine the last time we talked. I don't We talked about a Page 3098 1 2 Q You indicated that you moved back -- you moved to New York around '95 or '96, is that correct? 3 A Yes. 4 Q But that you would be traveling a lot from LA to New 5 York in the early '90s, is that also right? 6 A It is. 7 Q And during those times you would see Annabella 8 Sciorra? 9 A Yes. 10 Q And you were extremely close to Annabella Sciorra you 11 indicated? 12 A Yes. 13 Q Do you know who Joanne Goulberne is? 14 A I don't. 15 Q Has Annabella ever mentioned to you her friendship 16 with Joanne Goulberne? 17 A I don't recall the name. 18 Q When you were with Annabella often in LA, you 19 indicated that she would often stay at your apartment, is that 20 correct? 21 A I didn't say often but she did stay at my place. 22 Q And you never met her friend Joanne? 23 A I didn't. 24 MS. ROTUNNO: 25 THE COURT: Objection. Answer stands. Asked and answered. Next question. Page 3099 1 2 Q So was there a period of time when you weren't seeing Harvey Weinstein? 3 A Yes. 4 Q Approximately, how long was that? 5 A I'd say -- the last time -- six, seven years, a bunch 6 of years. 7 Q 8 9 10 And then how was it that you became re-connected of recent with Mr. Weinstein? A How did that happen? It's -- it's longer than a couple of words, Your Honor. 11 Q I am sorry. 12 A Yes, I understand the question. 13 14 I said my response is going to be longer than a couple of words. Q 15 16 Did you not understand the question? How did you get re-connected with Harvey Weinstein? It is okay. A Whatever it takes. I got re-connected with Harvey Weinstein which felt 17 sort of very fortuitous to me, right after the 2016 election 18 which was personally really difficult for me. 19 was always, in my experience, on the right -- as I perceived 20 it, on the right side of politics and I was happy to be back in 21 his orbit. 22 And I -- Harvey And, fortuitously, I got a call from Meryl saying that 23 Harvey was looking for you. He is interested in you coming in 24 to take over production was the first call I got, a job I did 25 not want. Page 3100 1 2 3 Q Okay. So Meryl Poster in January of 2017, re-connected you with Harvey, is that correct? A It was before. It was a couple of months before that. 4 I remember I had been away -- it was within six or seven weeks 5 before that but yeah. 6 7 Q Harvey, right? 8 A 9 then. 10 Q 11 12 13 So at that time Meryl Poster was still in contact with I don't know. I don't think she was working for him I am not saying working for him. I am saying a close associate of his? A I can't characterize what the relationship was at that period. 14 Q Have you remained friends with Meryl Poster? 15 A I have. 16 Q Now, you indicated that, um, you spent a lot of time 17 with Annabella in the early '90s, is that correct? 18 A It is. 19 Q And were you familiar with Annabella and were you 20 seeing her at the time that she was filming a movie called, 21 Romeo is Bleeding? 22 A Yes. 23 Q And did Annabella's personality or demeanor change 24 25 over the course of '92 and '93 and '94? A I did not note. Page 3101 1 Q 2 3 I know -Go ahead. A You want to answer it. I was going to add that she had begun to work a lot 4 and she was stressed, a lot more stressed, but we were both 5 working back to back films at that time. 6 7 I remember us both feeling a lot of pressure. Q So Ms. Rotunno asked you whether or not at some point 8 in your knowing Ms. Sciorra, were you familiar with the fact 9 that she drank alcohol. 10 Do you recall that question? 11 A I do. 12 Q So would you say that Ms. Sciorra, as she was 13 continuing in that period of time, that being like '92 to '94, 14 she was working a lot and she began to drink a little bit more, 15 is that correct? 16 17 18 19 A I can't calibrate when her drinking increased or -- I can't. Q Well, have you had to take Annabella home because she was too drunk to walk? 20 A I don't recall. 21 Q I am sorry. 22 A I said, I don't recall. 23 Q So you had indicated, right, that Ms. Sciorra was 24 25 I couldn't hear you. somebody who was drinking alcohol, is that correct? A Correct. Page 3102 1 2 3 Q But you don't recall a single time when you needed to escort her home because she was drunk? A I am pausing because I remember -- there was an 4 incident in Los Angeles at the Four Seasons's Hotel where I -- 5 not only Annabella, but her then boyfriend, were in trouble. 6 I got a call from her that she was in trouble. They 7 had both been drinking. 8 collected them and took them to my then shrink in Los Angeles 9 and they were both in really bad shape. 10 11 Q He was having suicidal ideations and I So -- So she called you one time she was in a hotel and you said at that time she was drinking? 12 A It was clear that they had both been drinking. 13 Q And so, on a regular basis during the early '90s, how 14 often would you see Annabella? 15 A I can't say. I would say quite often. 16 Q Was it every week? 17 A With due respect, I can't say. Was it every month? We were always in 18 touch for a period of time there. 19 physically together, it's difficult to say. 20 I can't remember exactly how much time but we were 21 always in touch. 22 same cities. 23 How much time we spent And so, we saw each other when we were in the But, again, I was living two weeks in Paris, two weeks 24 in LA, two weeks in Paris, two weeks in LA. 25 peripatetic. I am sorry. It was very Page 3103 1 Q But this time that you said she called you when she 2 was in a hotel, and her boyfriend, they were in some kind of 3 situation, aside from that, you never had to sort of carry her 4 out of a restaurant or bar and pour her into a cab? 5 A No, I have not. 6 Q Now, Ms. Rotunno asked you about prescription 7 medication and you said, yes, Annabella took prescription 8 medication. 9 What was that? 10 A I recall her taking Xanax for her anxiety. 11 Q When? 12 A In that period of time. 13 Q What period of time? 14 A The early '90s? 15 Q How often? 16 A I cannot possibly tell you. 17 Q Well, when you say you recall her taking Xanax, would 18 19 20 21 you observe her taking Xanax? A We talked about it. We -- Annabella once made a little medallion for me that has Xanax written on it. It was -- I -- Ms. Illuzzi, I can't tell you how often 22 she took it. I can't tell you if it was prescribed. I can't 23 tell you -- I just know that it was something that she was 24 using to cope with some of the stress and the insomnia that she 25 had been experiencing. Page 3104 1 Q So did you ever see a prescription bottle? 2 A No, I don't recall. 3 Q Did she ever talk to you about a doctor who was 4 prescribing it? 5 A No. 6 Q Did you ever see her -- 7 A May I add something to that? 8 Q Okay. 9 A Well, because the incident I referred to before, we 10 left my psychiatrist office with prescriptions for both she and 11 her boyfriend at that time. 12 13 14 15 Q That was -- and so you went in to the doctor with her and you saw him prescribe her Xanax? A Um, yes -- correction. It was a sedative. I don't know if that was Xanax. 16 Q Oh, for that occasion? 17 A Correct. 18 Q No, no, no. What you said was that you knew she was 19 taking prescription Xanax, isn't that what you said on direct 20 examination? 21 A I said, I didn't know she was taking prescription -- 22 oh, well, she was taking Xanax. 23 Xanax. 24 25 Q I believe she was taking So you don't actually know that she was taking Xanax? MS. ROTUNNO: Objection. Page 3105 1 THE COURT: 2 THE WITNESS: 3 of me? 4 Q 5 Overruled. Do I recall her taking it in front No. Did you ever recall that Annabella told you that she was having trouble sleeping and taking Valium? 6 A I don't remember Valium being in the mix. 7 Q Is it possible that what you are recalling was that 8 she told you she was taking some Valium and not Xanax? 9 MS. ROTUNNO: 10 THE COURT: 11 THE WITNESS: Objection. Overruled. I don't think so because I know the 12 difference between the two medications, so -- 13 Q Okay. And how often would she say, I am taking Xanax? 14 What was that conversation? 15 You said you would talk about it. 16 Would she say, oh, my God, I am taking five Xanax a day? 17 Did she tell you how much she was taking? 18 A No. 19 Q Do you know for how long a period of time? 20 A No. 21 Q Did she say she was taking it in 1990? 22 A I don't remember dates. 23 Q 1991? 24 A I -- I can't commit to dates. 25 Q 1992? Page 3106 1 A It seems like I am trying to think of the period of 2 time when she and I would have been together. 3 likely, yes, '92. 4 '92. So it seems more I just have to place myself on the globe in '92, '93, '94, I am sorry. It's a long time ago. 5 Q She would say, I am taking Xanax, is that what it was? 6 A Quite frankly, we would joke about it, yes. 7 Q Did she tell you how much she was taking? 8 9 MS. ROTUNNO: 12 THE COURT: Q alcoholic flasks? MS. ROTUNNO: Q THE COURT: 16 THE WITNESS: 18 19 20 Objection. Did you ever see her carrying flasks of alcohol? 15 17 Sustained. In terms of the alcohol, did you ever see her carrying 13 14 Asked and answered three times. 10 11 Objection. Overruled. Flask of alcohol, no. BY MS. ILLUZZI: Q Now, you indicated that she was stressed because she was over working, is that correct? A Annabella is stressed at the beginning of any day, 21 regardless; but, yes, she was under a lot of strain at the 22 time. 23 Q 24 25 And do you recall a time when she started working on The Night We Never Met? A I do. Page 3107 1 Q Do you know who the director of that was? 2 A Warren Leight. 3 Q Do you know Warren Leight? 4 A I -- I knew him at the time. 5 He wrote a great script and a lot of us were fans of his. 6 Q And did you go to see the reading of that? 7 A I was not at the reading, no. 8 Q What about after The Night We Never Met, did you stay 9 in touch with Annabella afterwards? 10 A Sure. 11 Q And was it still a very close relationship? 12 A More so. 13 Q How? 14 A Right. 15 Q And you were living in LA. 16 A Right. She was living here in New York, right? I can't recall, again, I moved -- I always had 17 an office in New York. And so, my -- I split my time between 18 New York and LA but I gave up my life in LA sometime in '95 and 19 moved here permanently. 20 Q You were still seeing her on a regular basis? 21 A I was. 22 Q Yet you didn't know that she ever lived on Gramercy 23 Park, is that right? 24 A That's not correct. 25 Q When Ms. Rotunno asked you whether or not you are Page 3108 1 familiar with her Gramercy Park apartment, I thought you said, 2 no. I might have misunderstood. 3 MS. ROTUNNO: That's not the question. 4 THE WITNESS: That's not the question. 5 clarify it. 6 rented a apartment in Gramercy Park. 7 there. I can I knew Annabella had it, for a period time, I had never been 8 I don't recall how long she had it for. 9 remember sort of Annabella going from East 58th to Central 10 Park West. 11 Q 12 I just I don't remember the Gramercy Park bit. But in '93 and '94, you were seeing Annabella all the time, right? 13 A Often. 14 Q When you say, often, would you go to her home and she 15 16 come to your home or where you work? A Both. Both. As I mentioned, I would stay in her 17 apartment on Central Park West. 18 Los Angeles. 19 20 Q She stayed in my apartment in And you had never been, you were never at her Gramercy Park apartment? 21 A Never. 22 Q Never. 23 A I don't. 24 Q Now, you indicated that at some point in the early 25 And you don't know when she rented it? '90s you took a long walk with Annabella. Page 3109 1 Do you remember that question Ms. Rotunno went over? 2 A I do. 3 Q And during that time she said to you something to the 4 effect of, I did something crazy with Harvey, is that right? 5 A That's correct. 6 Q What else did she say about that event? 7 Give us all the details you know about it. 8 A I have -- don't have any other details to offer about 9 the event. 10 Q I can't hear you. 11 A I am sorry. 12 I don't have any other details to offer about the event. 13 Q No details at all? 14 A No, I don't. It was -- it wasn't, as I recall it, 15 again, this is 27 years ago. 16 if it -- if it had been something provocative or something 17 that -- that had frightened her or -- I can't, given the nature 18 of our friendship, and I may be wrong, but I can't imagine that 19 it wouldn't have evoked something more. 20 21 But, as I recall it, which I -- And as an empathic friend, I can't imagine I would have had follow-up questions. 22 Q But at that time did you speak about it at length? 23 A I don't recall -- I -- the most honest answer I can 24 really give you is that it feels like it was, again, it was a 25 very long walk where we talked about a lot of personal issues, Page 3110 1 and a lot of personal details in one another's lives and I am 2 not sure how that particular issue came up. 3 4 Q Listen to my question, though, sir, at the time she told you, did you speak about it at length? 5 A I don't know. 6 Q You don't remember a single detail? 7 Do you remember where it happened? 8 A Where the conversation happened? 9 Q No. Where the event with Harvey Weinstein happened? 10 A No. I think I indicated earlier that in 11 reconstructing this memory juxtaposed to the allegation, I 12 always -- at the time I assumed it was in her apartment on 13 Central Park West. 14 15 Q So you didn't know -- you don't recall her telling you where it happened? 16 A No. 17 Q Do you recall her saying whether it was in the daytime 18 19 20 21 or the nighttime? A No. I am sure I extrapolated that it was nighttime but I don't remember her saying one way or another. Q 22 You don't remember? Did she tell you if she was drunk or high at the time? 23 A I don't remember her saying anything of the sort. 24 Q Did she say that the defendant was drunk or high at 25 the time? Page 3111 1 A No. 2 Q Did she tell you where it occurred in her home, in 3 what room it occurred in her home? 4 A No. 5 Q Did she tell you if she called the police right after? 6 A No. I don't remember anything of that -- again, if it 7 was something of that nature, I can't imagine I wouldn't have 8 pursued it or pursued it with Harvey. 9 mention. 10 11 Q So, no, there was no You had a lot of personal conversations with Annabella, right? 12 A Yes. 13 Q Where was she born? 14 A Brooklyn. 15 Q Maybe Connecticut, does that sound familiar? 16 A Well, I -- well, to be honest, Annabella, I believe on 17 her Wikipedia page it says she was born in Connecticut but she 18 always contends that she was born like I was near Flatbush 19 Brooklyn. 20 She may have been born in Connecticut and moved to 21 Brooklyn when she was one or two but it's part of her thing is 22 that she is from Brooklyn, so -- 23 Q 24 from you? 25 A Who was Annabella's other friends at the time, aside Who were her friends? Page 3112 1 2 3 Q Who were Annabella's friends at the time when you were so close to her, aside from yourself? A She was very friendly with a guy called, Jay Maloney. 4 She was very friendly with her then agent, Carla Hacken. 5 trying to think of who else. 6 7 8 9 As I mentioned, the actor, Johnny Depp was in our circle. Q Did she tell you that she had ever told anybody else about this thing with Harvey? 10 A No. 11 Q Now, you came back into communication with Harvey 12 Weinstein in 2017, is that correct? 13 A No. 14 Q 2016? 15 A Correct. 16 Q Okay. 17 A It was. And you are absolutely sure it was 2016? I believe it was December of 2000 -- November 18 of 2016 -- or I believe it was within a few weeks of the 19 election, so -- 20 Q Prior to the election or post election? 21 A Post. 22 Q So it's possible it's January of 2017? 23 A It's possible. 24 Q Okay. 25 I am And since then, since January or December or November of '16 and January of '17 to this day, right now, have Page 3113 1 you been in constant communication with Harvey Weinstein? 2 A I have. 3 Q You have? 4 A I have. 5 Q How often do you speak to Harvey Weinstein? 6 A Weekly. 7 Q Sometimes more than weekly? 8 A Sometimes less. 9 Q And after you finished this job that was sort of all 10 of those emails about all of this contract work you did for 11 Harvey Weinstein, did you stay in touch with Harvey Weinstein? 12 A No. 13 Q So after this money that you received, the $60,000, 14 15 then you haven't been in touch with Harvey Weinstein? A I am sorry. As I -- I understand your question, you 16 are asking if I stayed in touch with Harvey. 17 Harvey so I took a Harvey vacation. 18 19 20 21 22 I was angry with I took another job. So I didn't -- I wasn't in touch with him for some months. Q And when was it, sir, that you had this vacation from Harvey Weinstein and stopped being in touch with him? A The only communication I had with him for a while 23 there was, why am I not being paid. 24 with him again until after October 2017 when all of this 25 happened. And then I didn't speak Page 3114 1 Q Okay. So am I correct in saying that from early 2017 2 up until, say, December of 2019, there were periods of time 3 when you were angry at Harvey Weinstein, is that right? 4 A There was a period of time when I was angry at Harvey, 6 Q How long was that period of time? 7 A It was a few months when I wasn't being paid. 8 Q And then after that few months, when you weren't being 5 9 yes. paid, then did you resume being in constant contact with Harvey 10 Weinstein? 11 A 12 13 I resumed contact. I reached out to Harvey when all of this happened. Q Listen to my question, sir. 14 After that period of time when you were unhappy about 15 the money you were owed by Harvey Weinstein, after that period 16 of time, you got paid, right? 17 A Right. 18 Q And then after that period of time, until right now, 19 have you been in constant contact with Harvey Weinstein? 20 A No. 21 Q What is your cell phone number, sir? 22 A 646-752-1770. 23 Q Do you recall having a conversation with Harvey 24 25 Weinstein on April 26th of 2018? A Um, I have no idea. Page 3115 1 Q Okay. Do you recall having conversations with Harvey 2 Weinstein May 3rd and May 4th, May 22nd of 2018, multiple 3 conversations a day? 4 MS. ROTUNNO: 5 said he talked to him constantly. 6 MS. ILLUZZI: 7 Q THE COURT: 9 MS. ROTUNNO: He said, no. Overruled. Judge, this is the period he is trying to get paid. 11 MS. ILLUZZI: 12 I am sorry. 13 BY MS. ILLUZZI: 14 He Go ahead continue. 8 10 Judge, I am going to object. Q This is cross-examination, Judge. Do you remember multiple phone calls with Harvey 15 Weinstein on May 3rd, May 4th, 4 phone calls -- 5 phone calls 16 on May 4th and May 22nd of 2018? 17 A I do not remember dates at all. 18 Q How about July 2nd, 3rd, 7th, 4 conversations on the 19 7th, 8th and July 8th, do you recall speaking to Harvey 20 Weinstein on those dates? 21 A Ms. Illuzzi, you can name all the days you want. I 22 was in pretty much constant conversation with Harvey for awhile 23 there. 24 25 So -- so I can't -- I can't say which dates. If you have got phone records that you are referring to, then you know that we were but I don't have those and I Page 3116 1 2 don't remember dates. Q Perhaps I am mistaken. I asked you have you been in 3 constant conversation and contact with Harvey Weinstein since 4 you got paid on that contract up until today when you arrived 5 in court, that's my question to you? 6 A My answer is the same answer I gave you before. There 7 was a few months period that I was pissed off at him and I was 8 not in touch with him. 9 10 Q A aside from that few month period, have you been in constant contact with him? 11 A Yes. 12 Q So this -- it wouldn't surprise you to find out that 13 you had four calls on August 22, 2018? 14 15 MR. CHERONIS: Judge, can we approach for one moment? 16 THE COURT: In a moment, continue. 17 Q It wouldn't surprise you if that was the case? 18 A It would not surprise me. 19 Q How about three phone calls on August 29? 20 A May I ask you, are these attempts to speak? 21 22 Because I don't recall serial conversations. it's one trying to reach one and a hang up. 23 Is this a message? 24 I don't know. 25 I mean, So when you say, four phone calls, it could have taken him or me four attempts to get in touch with Page 3117 1 one another. 2 often. 3 day. So I don't -- I don't talk to my children that I can't imagine I was talking to him that often in a 4 Q Okay. 5 A But we were in constant touch. 6 Q So you were in constant touch, is that right. 7 A Yes, Ms. Illuzzi. But you don't want to recognize -- 8 you don't seem to want to recognize that there is a period of 9 time when I was angry with Harvey. 10 I was working at another job and I wanted nothing to do with him for a while. 11 Q What was that period of time, sir, what months? 12 A I imagine it was in the spring of 2017, spring, summer 13 of 2017. 14 Q 15 contact? 16 A I confirmed that a few times. 17 Q And explain to the jury what that contact has been? 18 And after that, though, you have been in constant Has it been every day, ever week? 19 A I think you are in a better position to know that. 20 Q Well, what's your recollection, sir? 21 A My recollection is I don't know how to -- this is 22 somebody I knew that was in trouble and I was speaking to him 23 because, partially because, nobody else was. 24 25 So I was talking to him. Q You felt badly for him? Page 3118 1 2 Did you feel badly for him? A I felt badly that he was completely abandoned. I felt 3 badly that it was looking very difficult for him to be the 4 recipient of due process. 5 6 Q So you were his friend and confidant all this time, is that correct to say? 7 A I don't know what you mean by, confidant. 8 Q His friend and confidant. 9 A I don't really think of myself as Harvey's confidant. 10 I was friendly to him. He is -- he is not one of my 11 -- I am not trying to distance myself from him, I am just 12 trying to give you an understanding of the nature of our 13 friendship. 14 15 16 17 It's not like we go hang out together. He is not like somebody that's going to come -- it's -- it's -Q Okay. So how many times have you seen Harvey Weinstein in the last year say? 18 A Multiple. 19 Q Multiple. 20 A No. 21 Q Once a month? 22 A Perhaps if you average it out, yeah. 23 Q Have you spoken to him about this case? 24 A Not recently. 25 Q Listen to my question, sir, because I don't have a Like once a week? Page 3119 1 timeline. 2 I didn't give you a timeline. Have you spoken to him about this case? 3 A Sure. 4 Q In fact, sir, do you recall a series of texts about 5 this case with Harvey Weinstein? 6 A Which texts are you referring to. 7 Q I will show you. 8 MS. ROTUNNO: 9 THE COURT: 10 Judge, may we approach? Sure. Just if you would step over there for a moment. 11 (Discussion held at the bench, off the 12 record.) 13 (The discussion off the record concluded, 14 and the following occurred in open court:) 15 THE COURT: 16 MS. ILLUZZI: 17 18 Q Okay, next question, please. Thank you. Sir, I have a pile of documents that I would like you to take a look at. 19 COURT OFFICER: 20 MS. ILLUZZI: They gave them to me. 21 MS. ROTUNNO: Judge, may we approach on one 22 23 24 25 Have they seen them? issue? THE COURT: I guess. Sure. (Discussion held at the bench, off the record.) Page 3120 1 (The discussion off the record concluded, 2 and the following occurred in open court:) 3 THE COURT: 4 Please continue. 5 Okay. BY MS. ILLUZZI: 6 Q Sir, can you do me a favor and just take your time and 7 just take a look through that cache of documents, please. 8 Just let us know when you are done, sir, please? 9 A I will. 10 I am sorry. 11 pages. I will. There is just a lot of redundant -- There is just the same information on several 12 Q I can't hear what you are saying. 13 A The same texts are reprinted on several pages though. 14 Q What happens is that it's including the same text on 15 the same page and it shows the next text. 16 them are repeated. 17 18 A That's why some of I think I have been through them all but give me a second. 19 Q You have to wait until I ask a question. 20 A I was just offering, I think I have been through them 21 22 all. I am just double-checking. Q 23 Okay. Can I ask you a question about them now? Are you ready? 24 A Yes. 25 Q I will take them back. Thank you. Page 3121 1 Do you recognize these as text messages or your part 2 of text messages between you and the defendant, Harvey 3 Weinstein? 4 A I do. 5 Q And is it true that in those text messages you are 6 talking about some aspects of this case? 7 MS. ROTUNNO: 8 Judge, I am going to object. These were sent long before Mr. Weinstein was charged. 9 THE COURT: Overruled. 10 Q Is that true? 11 A Um, I am sorry. 12 Q Is it true that you talk about this case with Harvey 13 14 15 16 Repeat the question, please? Weinstein in these text messages? A I wasn't referring to -- because -- no. I mean, it's owe -Q No? 17 THE COURT: I am sorry. I didn't turn it back 18 on. 19 Q So, no, you are not talking about this case? 20 A No, because the subject wasn't part of the case at 21 22 that point. Q So, November 1st of 2018, did you say to Harvey 23 Weinstein that you believe there is likely a bunch of truth to 24 the claims that you behaved like a cad and more? 25 A Yes. Page 3122 1 Q And did you also say to Harvey Weinstein your appetite 2 and ambition for the things that you want a script, a movie 3 and, yes, a girl, to put it mildly voracious? 4 A Veracious. 5 Q Veracious. 6 A Yes, I did. 7 Q Can you explain to the jury what you meant by that? 8 A What I meant by that is that Harvey was -- when he had 9 Is that what you said? his -- 10 THE COURT: Can you use the microphone? 11 THE WITNESS: 12 When Harvey was very doggone in his pursuits of I am sorry, Judge. 13 projects and materials, et cetera, and won lots of um -- um 14 -- I am sorry -- I am blanking on the word, auctions, for 15 projects when he was extremely aggressive in acquiring 16 material and I referenced that. 17 So in the text messages -- um -- I am referencing 18 my -- the way my thoughts were organized around who he was 19 vis-a-vis this context. 20 Q 21 Okay. So you would agree, of course, that Harvey Weinstein is an extremely aggressive person, right? 22 MS. ROTUNNO: 23 THE COURT: 24 THE WITNESS: 25 Q Objection. Overruled. I'd say -- I'd say -- Is that a yes or no? Page 3123 1 A Yes. 2 Q And would you say that Harvey Weinstein has, from the 3 time that you have known him, has been quite a large person 4 too, correct? 5 A Large in -- 6 Q In stature? 7 A In physicality? 8 Q Yes. 9 A He has been overweight most of the time I have known 10 11 12 him if that's what you are referring to. Q And would you say in your dealings with Harvey Weinstein that he is also a very loud person? 13 MS. ROTUNNO: 14 MR. CHERONIS: 15 THE COURT: 16 THE WITNESS: 17 competition. 18 Q No? 19 Objection. Objection. Overruled. I think you have some pretty steep The answer is yes or no. THE COURT: The answer is yes or no or I cannot 20 answer that with a yes or no. 21 Q Is Harvey Weinstein a very loud person? 22 A It's not an adjective that I would use to describe 23 24 25 Harvey. Q No. Not? Now you just explained to the jury that what you meant was that Harvey Weinstein wins a lot of awards, Page 3124 1 right, but you didn't say just awards, you said a script, a 2 movie or yes a girl. 3 4 5 To put it mildly veracious. Now, what did you mean when you said a girl veracious? What did you mean when you said that to Harvey Weinstein? A I meant that it was my understanding for a very long 6 time that Harvey had a sex addiction and that he dated a lot of 7 women. 8 9 10 Q Then you go on to say, if a lot of these girls had been my daughter, I would have wanted to beat the shit out of you, is that right? 11 A That's correct. 12 Q Why is that? 13 A Why is that? 14 MS. ROTUNNO: 15 THE COURT: 16 THE WITNESS: Objection, Judge. Overruled. Um, I think I was trying -- I mean, 17 obviously, because any of -- the thought of my child, my 18 daughter is 13, so the thought of anyone, anything in that 19 context, I find abhorrent at this point. 20 was trying to put into context -- look, I was trying to be 21 a friend and to say, I know the extremes of your 22 personality. 23 did not believe that he was capable of the things that he 24 had been charged with. 25 Q And I guess -- I I know the extremes of your appetite. But I Did you just say that your understanding was that Page 3125 1 Harvey Weinstein was a sex addict? 2 Did you just say that? 3 A 4 clinician. 5 spoke of, I think, yes, also applied to his appetite for women. 6 7 Q I am not a -- I did just say that but I am not a But I believe he had a veracious appetite that I Next you said that is it correct, that you started talking about Annabella, right, on these text messages? 8 A Well, initially, when I read -- 9 Q Listen to my question, sir. 10 Did you start texting about Annabella Sciorra to the 11 defendant? 12 A No. 13 Q Yes or no? 14 A Not by name. 15 Q Not by name. 16 17 18 Are you sure? Let me show you something, but maybe I can refresh your recollection, okay. A No, I am refreshed. I know eventually the name was 19 there. 20 Sciorra; and no, I was -- listen, I am -- I am learning a lot 21 now and I had no idea that my text messages would end up in a 22 courtroom, when I was texting him. 23 Q You asked me if I started texting about Annabella I am going to ask you to stop for a second. 24 THE COURT: 25 Wrong copy. Can I have that copy, please. Page 3126 1 Q My question is, sir, not whether or not the series of 2 texts, not the series of texts started with the word Annabella, 3 my question was, did you begin to speak to the defendant about 4 Annabella? 5 A 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I was referring to Annabella, yes. (Continued on the following page.) Page 3127 1 Q Did you say I think she's full of shit? 2 A Yes. 3 Q Did you say I know you guys had an awkward, whatever 4 the fuck night 20 years ago? 5 A I take responsibility for all the texts you have in 6 your hand. 7 Q Did you also say I remember her telling me about it the 8 next day; is that true, was it the day before you went on that 9 long walk that Annabella said this happened with the defendant? 10 A Under oath that is not true. 11 Q But you said that to the defendant? 12 A I did. 13 Q And subsequently, so you talked about it the next day 14 and subsequently, but here you said that you don't believe you 15 ever spoke about it again after that one long walk; is that 16 right? 17 A That is correct. 18 Q So, that was not true either? 19 A I don't believe so, I think that was condensing, I 20 21 22 23 think I was -- no, that is not true. Q Did you also say now the defendant, without telling us what, but the defendant says something back, right? A I don't know where in the text you are looking at. 24 MS. ROTUNNO: 25 THE COURT: Objection. Sustained. Page 3128 1 2 Q Did you say well, the rape version got her an agent at CAA so there is that, did you say that to her? 3 A To him? 4 Q To him? 5 A Again, I stand by every text that I wrote, but yes, I 6 did write that. 7 Q Then did you say -- well, was that true sir? 8 A Sorry. 9 Q Was that true, do you have information that because 10 Annabella has now said that the defendant raped her, that she 11 got an agent? 12 A I cannot confirm that. 13 Q But you said it to the defendant? 14 A I did. 15 Q Then at some point you say Annabella is an asshole; is 16 that right? 17 A Yes. 18 Q But here in court you said you still do care about 19 20 21 22 23 Annabella, right? A I think both can be true for a lot of people. But yes, I do care a lot about Annabella. Q Sir, is it correct to say that you were saying things that you thought Harvey Weinstein wanted to hear? 24 A Yes. 25 Q And that's what you are doing today, aren't you sir? Page 3129 1 A No. 2 Q Aren't you, sir, saying things in this courtroom that 3 you think Harvey Weinstein wants to hear? 4 A Categorically no. 5 Q Didn't you say, sir, I think the dog pile of actresses 6 who are suddenly brave and recalling suppressed memories is 7 hideous? 8 A I did. 9 Q When you say dog pile of women, what was it that you 10 11 12 13 14 15 meant? A I meant a plethora, I was not referring to the animal, I just was talking about the number. Q But there again, that is what the defendant in your mind wanted to hear? A No, that is what, how I wanted to describe it, and I 16 stand by that description. 17 or may not have wanted to hear. 18 19 Q It is independent of what Harvey may In the meantime though, you did send Annabella a text too, didn't you? 20 A I did. 21 Q In the middle of saying to Harvey Weinstein she's a 22 liar and she's an asshole, right? 23 A Correct. 24 Q And to Annabella you said Bella, Meryl Poster asked me 25 for your number. I should have asked you before I gave it, Page 3130 1 sorry, sorry about a bunch of stuff. 2 imagine what the kids are like at this point. 3 a pic. 4 Bewildered too, can't Would love to see Would love healing and peace and friend back. I hope you are well. Current events are way too much 5 for texts, but obviously acknowledgment goes to that awfulness. 6 Did you say that to Annabella? 7 8 A Thank you for correcting my misspelling of acknowledgment. 9 Q You corrected for me some. 10 A No, I appreciate it. 11 Q When you say current events are way too much for texts, 12 but obviously acknowledgment goes to that awfulness. 13 you talking about? 14 A What were I was talking about the circumstances of her life that 15 put her in the position where she was making what I felt were 16 untrue allegations based on my experience. 17 18 19 Q You did not say untrue, you said acknowledgment of that awfulness, right? A No, you are speculating about what I'm talking about. 20 The awfulness I'm talking about was the fact that Annabella was 21 a 58 year old woman unemployed with twins she could not support 22 and no insurance et cetera. 23 and then -- 24 25 Q I reached at out at the same time You are concerned about Annabella? MS. ROTUNNO: Can he finish the answer. Page 3131 1 2 THE COURT: Q Sustained, let the answer stand. Did you say to Harvey Weinstein I got to tell you, 3 unless and until you make a some kind of confession or you are 4 proven legally guilty, I will continue to be the one, sorry, to 5 be the controversial cum, C.U.M, inappropriate person who 6 defends you. 7 A Is that what you said to Harvey Weinstein? C.U.M is Latin for also. I'm not referring to semen. 8 I did say that, and I stand by that. 9 guilty by a jury of his peers, I stand by his right to the 10 11 12 Until and if he's found presumption of innocence. Q And even if that meant you told him things that were not true in these texts, right? 13 A I don't know what that means. 14 Q You indicated you were subpoenaed to be here, is that 15 correct? 16 A That is correct. 17 Q When was that subpoena served? 18 A Several weeks ago. 19 Q Do you have it? 20 A I brought it with me, it is in the other room. January 21 22nd is when I was meant to appear. We are obviously beyond 22 that. 23 Q What day did you meet with the defense team here? 24 A Two days ago. 25 Q Did you also meet with them in August? Page 3132 1 A I did, yes. 2 Q So, that was before they served you a subpoena? 3 A Yes it was. 4 Q You voluntarily went and spoke to them? 5 MS. ROTUNNO: 6 THE COURT: 7 MS. ILLUZZI: 8 9 Q Asked and answered. Sustained. One moment, judge. So, you indicated sir, you indicated that you had never been in her apartment in Gramercy, right? 10 A That is correct. 11 Q Had you ever witnessed Annabella had started cutting 12 herself? 13 A Witnessed her cutting herself? 14 Q No, did you ever observe she had been starting to cut 15 herself or have self harm on her body at all? 16 A No. 17 Q But you were with her all the time? 18 19 20 MR. CHERONIS: A Asked and answered. I answered the question. you, to invent it. What do you want me to tell I never did. 21 Q You knew she lived in Gramercy? 22 A I knew she had an apartment there. I honestly don't 23 know, it's a knowable thing how long she rented it and lived 24 there. 25 Q I never visited there. Where did she live after that? Page 3133 1 2 A I believe that is when she lived in the Century, Central Park West. 3 Q After Gramercy she lived in Central Park West? 4 A That is my recollection. 5 Q Are you sure about that? 6 7 8 9 MS. ROTUNNO: A I'm sure that is my recollection. Q You are not sure about anything 30 years ago, right? THE COURT: 11 MS. ILLUZZI: 12 THE COURT: 13 MS. ROTUNNO: 14 REDIRECT EXAMINATION 15 BY MS. ROTUNNO: 17 I'm not sure about anything 30 years ago, but yes. 10 16 Judge. Q Overruled. Nothing further. Any further questions, any redirect? Yes, thank you. Mr. Feldsher, Mr. Weinstein did not ask you to send him those text messages, correct? 18 A No, he did not. 19 Q You were feeling compassion for a friend, would that be 20 fair to say? 21 A Very fair. 22 Q Compassion of a friend going through really hard times? 23 24 25 MS. ILLUZZI: Objection, leading, leading, leading objection. THE COURT: Overruled. Page 3134 1 MS. ROTUNNO: 2 objection. 3 4 5 This is not a show. THE COURT: Q Can Ms. Illuzzi just make one Overruled. Mr. Feldsher, you sent those messages to Mr. Weinstein because you wanted to? 6 A That is correct. 7 Q You knew that the period of time which you sent those 8 texts was an easy or difficult time for Harvey? 9 MS. ILLUZZI: 10 THE COURT: Objection. Overruled. 11 A It was a horrible time for Harvey. 12 Q And you felt that he did he deserve to have a friend? 13 MS. ILLUZZI: 14 THE COURT: Objection. Overruled. 15 A Yes. 16 Q And you felt that he deserved to have a friend because 17 based on your relationship with Annabella, you didn't think she 18 was being truthful? 19 MS. ILLUZZI: 20 THE COURT: Objection Judge, leading. Overruled. 21 Q Right. 22 A Those are two different questions with all due respect. 23 Q Based on what you saw and based on what you knew at the 24 25 You didn't think she was being truthful? time, you didn't think that her account was truthful? A Correct, but you are asking me whether I thought he Page 3135 1 merited friendship because of that what I felt was not the 2 truth, and that is not why I felt he merited friendship. 3 he merited compassion as anybody else does. 4 5 Q I felt Did you think the right thing to do would be to come here and talk about what you knew? 6 MS. ILLUZZI: 7 THE COURT: 8 Q 9 correct? Objection Judge. Sustained. Let me ask you this, you were subpoenaed to come, 10 A Yes. 11 Q You really didn't want to have to put yourself through 12 this, would that be fair to say? 13 A That would be so much more than fair to say. 14 Q You knew though you had information that could possibly 15 help someone, correct? 16 MS. ILLUZZI: 17 THE COURT: 18 Q 19 year. Objection. Sustained. Let me ask you this, your mother died earlier this 20 MS. ILLUZZI: Objection Judge, objection. 21 MS. ROTUNNO: There is a reason I'm bringing the 22 timeframe. 23 24 25 THE COURT: Q Sustained. When you learned that Ms. Sciorra was going to be brought back into this case, you spoke to us, correct? Page 3136 1 MS. ILLUZZI: 2 3 Objection Judge, I don't know what that means, brought back. Q I'll ask it a different way. The District Attorney 4 asked you about whether or not you agreed or you were contacted 5 by their office, correct? 6 A Sorry Donna, repeat. 7 Q The District Attorney asked you if you ever spoke to 8 them, right, the D.A's? 9 A That is right. 10 Q She asked you if you voluntarily came and spoke to us, 11 correct? 12 A Yes. 13 Q And you were asked to possibly go before a grand jury 14 in this case, correct? 15 MS. ILLUZZI: 16 THE COURT: 17 18 Q Objection. Sustained. In those text messages Ms. Illuzzi asked you about, you said you knew Mr. Weinstein was not a rapist, correct? 19 A That is correct. 20 Q And you said you knew he was not a criminal, correct? 21 A Correct. 22 Q That he liked women? 23 A Were those the words I used? 24 Q I'm paraphrasing. 25 In the text messages were you talking about the fact that he had lots of relationships with Page 3137 1 women? 2 A Yes. 3 Q During the course of your 30 year knowledge of Mr. 4 Weinstein and your relationship with him, did you ever see him 5 treat a woman inappropriately? 6 MS. ILLUZZI: 7 THE COURT: Objection. Overruled. 8 A Never. 9 Q And had you, would you have stepped in? 10 A Absolutely. 11 Q And had you, would you be here today? 12 MS. ILLUZZI: 13 THE COURT: Objection Judge. Sustained. 14 Q Well, had you, would you tell us? 15 A Did I not just tell you. 16 Q Yes. 17 A Yes. I'm saying you would be honest, right? 18 MS. ILLUZZI: 19 THE COURT: 20 Q Objection, objection. Sustained. And the reason, when Ms. Illuzzi asked you about 21 whether or not you can recall that Annabella spoke to you the 22 next day, you cannot recall that, correct? 23 A Correct. 24 Q That is why before the ladies and gentlemen of the 25 jury, you didn't say that it was the next day? Page 3138 1 MS. ILLUZZI: 2 THE COURT: Objection. Overruled. 3 Q Correct? 4 A Yes. 5 Q You took an oath, correct? 6 A I'm going all Mitt Romney on this one, yes, I took an 7 oath, and yes. 8 9 10 THE COURT: Q You know that you don't take an oath when you send a friend a text message? 11 MS. ILLUZZI: 12 THE COURT: 13 A Objection. Overruled. I have really negotiated my relationship -- 14 15 Wait for the question. THE COURT: A Hold on. But no, I'm not -- 16 THE COURT: Listen to the questions and answer 17 only the questions, and don't volunteer information beyond 18 the specific question area. 19 Q 20 message? 21 A You know you don't take an oath when you send a text I do. 22 MS. ILLUZZI: 23 THE COURT: 24 25 Q Objection. Asked and answered. Those text messages were sent long before you knew Mr. Weinstein was charged with anything in regard to Annabella, Page 3139 1 correct? 2 MS. ILLUZZI: 3 THE COURT: 4 A Correct. 5 6 Overruled. May I ask a question? THE COURT: Q Objection. No. We spoke about, you were asked on cross examination 7 about Annabella's friendships during the period of time you were 8 spending with her, correct? 9 A Right. 10 Q And during that period, you never spent any time with 11 Rosie Perez, did you? 12 A Never. 13 Q You never hung out with Rosie Perez and Annabella 14 together? 15 A No I did not. 16 Q And Rosie Perez was never at any of the dinner events 17 18 19 you went to with Annabella? A I cannot say for certain she was, some of them were big events. 20 Q 21 Annabella? 22 A 23 24 25 Did she ever sit with you at the same table with No. MS. ROTUNNO: Nothing further. Page 3140 1 RECROSS EXAMINATION 2 BY MS. ILLUZZI: 3 Q Mr. Feldsher, Ms. Rotunno asked you about whether or 4 not you had ever seen Harvey Weinstein be inappropriate with a 5 woman, remember that question? 6 A I do. 7 Q The answer is no, right? 8 A Correct. 9 Q Okay. 10 You have never seen Harvey Weinstein alone in hotel rooms with a woman, right? 11 A By definition how could I? 12 Q So, you actually don't know what Harvey Weinstein does 13 when he's behind closed doors with women, right? 14 MS. ROTUNNO: 15 THE COURT: Objection Judge. Overruled. 16 A Of course I don't. 17 Q But you knew he was a sex addict, right? 18 MS. ROTUNNO: 19 THE COURT: 20 A Objection, beyond the scope. Overruled. I believed he had a voracious appetite for women. I'm 21 not a clinician, I should not have said sex addict, I don't 22 know. 23 Q That is what it seems to you like, a sex addict, right? 24 A Yeah. 25 Q Somebody addicted to sex? Page 3141 1 MS. ROTUNNO: 2 THE COURT: Objection. Overruled. 3 A Correct. 4 Q How did you know he was addicted to sex? 5 MR. CHERONIS: 6 THE COURT: 7 8 Q Objection. Sustained. Mr. Feldsher, in that series of text messages, did Harvey Weinstein tell you that he loved you? 9 MR. CHERONIS: 10 MS. ROTUNNO: 11 THE COURT: Objection. Objection. Overruled. 12 A I don't, if you got it. 13 Q I'll show you a piece of paper previously shown to the 14 Court. 15 16 17 18 MS. ROTUNNO: Q Beyond the scope. Does that refresh your recollection that Mr. Weinstein said he loved you? A Judge -- 19 THE COURT: Overruled. 20 ( Handed to witness). 21 A I love you, the letter U, yes. 22 Q That was from Harvey Weinstein to you? 23 A I believe he's the other person in this text. 24 vouch for my text. 25 only verify my own texts are my own texts. I can Somebody could have grabbed his phone, I can Page 3142 1 Q You are here to protect him from the dog pile of 2 actresses? 3 4 MS. ROTUNNO: A That is totally unfair, no. 5 6 Objection. THE COURT: Overruled, answer stands. else? 7 MS. ROTUNNO: 8 THE COURT: 9 step down, you are excused. 10 A No. Thank you for your testimony, you may Thank you, your Honor. 11 ( Witness exits courtroom). 12 THE COURT: 13 MS. ROTUNNO: 14 THE COURT: 15 9:30. 16 and instructions. 17 Ready to break? Yes. All right jurors, see you tomorrow Please remain mindful of all my prior admonitions Keep an open mind, do not form an opinion of guilt 18 or innocence of the defendant. 19 you. Have a good evening, thank 20 ( Jury exits courtroom). 21 THE COURT: 22 Anything Are you calling Doctor Loftus first thing? 23 MR. CHERONIS: 24 THE COURT: 25 MR. CHERONIS: Probably. All right, see you tomorrow. It may be a short day tomorrow but Page 3143 1 we will have Monday full. 2 THE COURT: 3 (Trial adjourned to February 7, 2020) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 That is fine.