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Tag: Sex in society

  • Women’s clinic in South Sudan a casualty of distracted world

    Women’s clinic in South Sudan a casualty of distracted world

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    MINGKAMAN, South Sudan — In a country where the maternal mortality rate is one of the highest in the world, a small clinic dedicated to reproductive health care for more than 200,000 people is about to be shut down. The worried-looking mothers know too well what might happen next.

    “If the hospital closes, we will die more because we are poor,” said one expectant mother who gave her name only as Chuti. She was attending a monthly checkup at the Mingkaman reproductive health clinic in this town on the White Nile River, and it might be her last.

    The United Nations has said it intends to end the clinic’s operations by December because of a lack of funding from European and other supporters. It is just one casualty among many in developing countries as humanitarian donors have been stretched by one crisis after another, from COVID-19 to Russia’s invasion of Ukraine. The U.N. would not say how much it costs to run the clinic.

    A loss like the clinic is of critical importance for people in places like Mingkaman, which along with the rest of South Sudan has struggled to cope with the aftermath of a five-year civil war, climate shocks like widespread flooding and lingering insecurity that includes shocking rates of sexual violence.

    The U.N. Commission on Human Rights in South Sudan has said the war in Ukraine has led to a dramatic cut in funding for emergency medical care for people who have been sexually assaulted. “It’s not that sexual violence ebbs and flows, it’s going on all the time, largely unseen,” commissioner Barney Afako said. The commission also has asserted that the government has failed to invest in basic services like health care.

    This reproductive health clinic in the capital of Awerial county in central South Sudan serves a community largely of people displaced by the civil war and the floods. It is where women who once gave birth at home now come to deliver their children. It is also where women who are assaulted come for care.

    The maternal mortality rate in South Sudan was 789 deaths per 100,000 live births in 2019, according to the World Health Organization. That’s more than double the rate in more developed neighboring Kenya, according to U.N. data, while the U.S. rate was 23 deaths per 100,000 live births in 2020, according to the Centers for Disease Control and Prevention.

    At least 250 women give birth in the Mingkaman clinic every month, said Teresa Achuei, the site manager with the organization IMA World Health, which runs the facility. She said she knew of only three women who have died while giving birth in the community, all of them outside the clinic.

    Now, she said, hundreds of women could be at risk. “Our aim, our mission, is to reduce maternal mortality rate. Every woman should deliver safely. If the facility closes, there will be many deaths in the community,” she told The Associated Press during a visit in mid-October.

    The clinic was founded in 2014, the year after South Sudan’s civil war began. Set up in tents as a temporary way to serve people displaced by fighting, it remains makeshift but works around the clock.

    It is a center of activity in Mingkaman, a community on one of South Sudan’s muddy main highways without reliable electricity and running water. The military is present to respond to flares of violence. Many women support their families by collecting firewood from the nearby forest to sell or work in modest local hotels.

    Multiple women expressed concern about the clinic’s coming closure.

    “It will be worsening for us because it was helping us,” said Akuany Bol, who delivered her three children there. She looked miserable while waiting for a midwife to examine her child.

    Andrew Kuol, a clinical officer, said the facility receives an average of 70 to 80 patients per day. It often admits 20 patients a day, or twice the number of beds.

    Some women must be treated on the ground.

    Kuol said the clinic faces shortages of medicines including malaria drugs, post-rape drugs, antenatal drugs and others, again because of waning donor support.

    The nearest hospital is in the city of Bor in the neighboring state of Jonglei, where the clinic’s more complicated cases are sent. Getting there is complicated, too. With no bridge between the states, it can take an hour for a boat to cross the Nile.

    As in much of South Sudan, travel is challenging. And current circumstances mean few of the people here can easily relocate for health care or anything else.

    “These (displaced people) are not going anywhere because there is still insecurity and also the flooding,” said James Manyiel Agup, the Awerial county director for health here in Lakes state. He urged the U.N. partners to continue supporting the facility to save lives.

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  • Judge dismisses part of assault suit against U of Michigan

    Judge dismisses part of assault suit against U of Michigan

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    LANSING, Mich. — A judge has dismissed part of a lawsuit filed by eight women alleging sexual harassment and assault by a former University of Michigan lecturer.

    Judge Thomas Cameron of the Michigan Court of Claims ruled Friday that the plaintiffs failed to file timely notices of intent to sue the University of Michigan, its board of regents and Bruce Conforth as required by law, The Detroit News reported.

    “This is a final order that resolves the last pending claim and closes the case,” Cameron wrote.

    Attorney Daniel Barnett, whose firm represents the women, said the decision only dismisses the case against the university and its regents.

    A portion of the lawsuit filed in Washtenaw County Circuit Court against Conforth remains, Barnett said, as does a state civil rights claim against the university and its board by the women.

    Barnett said he plans to appeal the ruling.

    The Associated Press left phone messages and sent emails Saturday requesting comment from a university spokeswoman and an attorney representing Conforth.

    Conforth taught American culture at the university. He resigned in 2017, university officials said.

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  • Dancer says fear of Weinstein muted her sex assault response

    Dancer says fear of Weinstein muted her sex assault response

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    LOS ANGELES — An attorney for Harvey Weinstein on Friday repeatedly challenged a woman over why she didn’t raise more objections or leave the hotel room in Puerto Rico where she said he sexually assaulted her during a 2003 film shoot.

    Attorney Mark Werksman asked the woman, known during Weinstein’s Los Angeles rape and sexual assault trial only as Ashley M., whether she ever had a second thought where she said to herself, “I’m just going to walk right back out that door?”

    “I was worried,” she said. “I knew he was big and I didn’t know what to do,” she said.”

    The woman was a 22-year-old dancer on the Puerto Rico set of the film “Dirty Dancing: Havana Nights,” which was produced by Weinstein’s company, Miramax.

    In her first day of testimony Thursday, Ashley M. said that she went with Weinstein to the hotel because she had been assured she was headed to a meeting to discuss future opportunities, but she said once they were alone, Weinstein pushed her on to a bed, straddled her, and masturbated.

    Werksman asked her whether she really didn’t expect anything sexual after Weinstein, according to her earlier testimony, brought up getting a “naked massage” from her during their first conversation at the set.

    She repeated that she had been reassured by the woman who was Weinstein’s assistant at the time that she would remain with them, and that he only wanted to discuss future projects.

    “I just basically did what I thought the people that were running the meeting wanted me to do. I really had no interest in being an actress. I had spent my life dancing,” she said. “I was engaged to be married. I wanted to finally start my life, maybe finally wanted to start a family at that time.”

    She and Weinstein entered the room but the assistant didn’t follow them, and instead closed the door behind them, she said.

    Ashley M. had said she wasn’t sure they were headed to a private room, that they might be going to an office or some other space at the hotel.

    Werksman asked whether she thought to herself, “’I’m now entering a hotel, this isn’t about work.’ Did that dawn on you at any moment?”

    She said she was being deferential because Weinstein was “in charge,” a feeling she got strongly from others on the set.

    Werksman asked her repeatedly why she didn’t protest more.

    “Did you verbalize or express the panic you were feeling out loud?” Werksman asked.

    She answered yes.

    She said earlier in her testimony that she knows she told him to stop, but that she kept most of her objections silent out of fear.

    “I was too scared,” she said.

    She said Weinstein told her “It’s OK, it’s not like we’re having sex.”

    Werksman asked her if she responded to that.

    “I just was trying to leave,” she said. “I was just hoping that nothing worse was going to happen.”

    Werksman asked how she had been dressed. She said she couldn’t remember, but doesn’t think she was in the orange dress that was her wardrobe for the shoot.

    Ashley M. is not one of the five women Weinstein is charged with sexually assaulting. She is one of four others who have been allowed to testify at the trial about his propensity for such crimes.

    Weinstein has pleaded not guilty, and denied engaging in any non-consensual sex.

    The 70-year-old former movie mogul is already serving a 23-year sentence for a New York conviction that is under appeal.

    The Associated Press does not typically name people who say they have been sexually abused unless they have come forward publicly.

    Ashley M. told her story to the New York Times in October of 2017, when the newspaper’s accounts of women who say Weinstein sexually assaulted them put the movie executive at the center of the #MeToo movement.

    Her trial testimony was the first time she has told her story in a courtroom.

    Ashley M.’s mother and ex-husband were called to the stand after her. Both testified that she gave them accounts of her assault, giving very few details, in phone calls from Puerto Rico shortly after it happened.

    Jurors on Friday also examined pictures of Weinstein’s body to see if they matched descriptions provided by the witnesses.

    Six more accusers have yet to take the stand. The trial is expected to last another five weeks.

    ———

    Follow AP Entertainment Writer Andrew Dalton on Twitter: twitter.com/andyjamesdalton

    ———

    For more on the Harvey Weinstein trial, visit: https://apnews.com/hub/harvey-weinstein

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  • Dancer says fear of Weinstein muted her sex assault response

    Dancer says fear of Weinstein muted her sex assault response

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    LOS ANGELES — An attorney for Harvey Weinstein on Friday repeatedly challenged a woman over why she didn’t raise more objections or leave the hotel room in Puerto Rico where she said he sexually assaulted her during a 2003 film shoot.

    Attorney Mark Werksman asked the woman, known during Weinstein’s Los Angeles rape and sexual assault trial only as Ashley M., whether she ever had a second thought where she said to herself, “I’m just going to walk right back out that door?”

    “I was worried,” she said. “I knew he was big and I didn’t know what to do,” she said.”

    The woman was a 22-year-old dancer on the Puerto Rico set of the film “Dirty Dancing: Havana Nights,” which was produced by Weinstein’s company, Miramax.

    In her first day of testimony Thursday, Ashley M. said that she went with Weinstein to the hotel because she had been assured she was headed to a meeting to discuss future opportunities, but she said once they were alone, Weinstein pushed her on to a bed, straddled her, and masturbated.

    Werksman asked her whether she really didn’t expect anything sexual after Weinstein, according to her earlier testimony, brought up getting a “naked massage” from her during their first conversation at the set.

    She repeated that she had been reassured by the woman who was Weinstein’s assistant at the time that she would remain with them, and that he only wanted to discuss future projects.

    “I just basically did what I thought the people that were running the meeting wanted me to do. I really had no interest in being an actress. I had spent my life dancing,” she said. “I was engaged to be married. I wanted to finally start my life, maybe finally wanted to start a family at that time.”

    Weinstein’s assistant did not follow them into the room, but withdrew and closed the door, she said.

    She had said she wasn’t sure they were headed to a private room, that they might be going to an office or some other space at the hotel.

    Werksman asked whether she thought to herself, “I’m now entering a hotel, this isn’t about work. Did that dawn on you at any moment?”

    She said she was being deferential because Weinstein was “in charge,” a feeling she got strongly from others on the set.

    Werksman asked her repeatedly why she didn’t protest more.

    “Did you verbalize or express the panic you were feeling out loud?” Werksman asked.

    She answered yes.

    She said earlier in her testimony that she knows she told him to stop, but that she kept most of her objections silent out of fear.

    “I was too scared,” she said.

    She said Weinstein told her “It’s OK, it’s not like we’re having sex.”

    Werksman asked her if she responded to that.

    “I just was trying to leave,” she said. “I was just hoping that nothing worse was going to happen.”

    Werksman asked how she had been dressed. She said she couldn’t remember, but doesn’t think she was in the orange dress that was her wardrobe for the shoot.

    Ashley M. is not one of the five women Weinstein is charged with sexually assaulting. She is one of four others who have been allowed to testify at the trial about his propensity for such crimes.

    Weinstein has pleaded not guilty, and denied engaging in any non-consensual sex.

    The 70-year-old former movie mogul is already serving a 23-year sentence for a New York conviction that is under appeal.

    The Associated Press does not typically name people who say they have been sexually abused unless they have come forward publicly.

    Ashley M. told her story to the New York Times in October of 2017, when the newspaper’s accounts of women who say Weinstein sexually assaulted them put the movie executive at the center of the #MeToo movement.

    Her trial testimony was the first time she has told her story in a courtroom.

    ———

    Follow AP Entertainment Writer Andrew Dalton on Twitter: twitter.com/andyjamesdalton

    ———

    For more on the Harvey Weinstein trial, visit: https://apnews.com/hub/harvey-weinstein

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  • Dancer in Weinstein film testifies he sexually assaulted her

    Dancer in Weinstein film testifies he sexually assaulted her

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    LOS ANGELES — A dancer in a film produced by Harvey Weinstein testified Thursday that she was “freaked out” after meeting the movie mogul on the Puerto Rican set but the presence and reassurance of his assistant convinced her it was OK to go with him to his hotel, where she was later sexually assaulted.

    The woman, who went by her first name and last initial Ashley M. at the Los Angeles trial where Weinstein is charged with rape and sexual assault, said she was a 22-year-old in 2003 when she was acting as a dancing double for one of the stars of “Dirty Dancing: Havana Nights,” a film produced by Weinstein’s company Miramax.

    She said Weinstein’s assistant at the time, Bonnie Hung, told her that she would remain with the two of them the entire time, and that he just wanted to talk about future projects.

    As they walked down the hall of Weinstein’s hotel toward a door, she said, “I started to get more worried, but Bonnie was there with her clipboard.”

    “Harvey opened it and then he went in and I went in,” she said, pausing as she began to cry. “And then Bonnie shut the door behind us. I was like, ‘oh no, what do I do?’”

    She said Weinstein quickly became aggressive, pushing her on to the bed and taking her top off before straddling her and masturbating while on top of her, despite her telling him to stop.

    The woman was the second Weinstein accuser to take the stand at the trial, and the first of four who are not involved in the charges against him but are being allowed to testify to show a propensity for such acts by Weinstein.

    Judge Lisa B. Lench told jurors before the woman’s testimony that they would receive instructions later on how to consider it.

    Weinstein, already serving a 23-year sentence for a New York conviction that is under appeal, has pleaded not guilty in Los Angeles to four counts of rape and seven other counts of sexual assault. He has repeatedly denied engaging in any non-consensual sex.

    Ashley M. appeared rattled as she walked to the stand late in the day Thursday, and began crying before any questions were asked.

    “I’m sorry,” she said repeatedly to Judge Lisa Lench, who replied that she had nothing to be sorry for and called for a short break.

    She gathered herself and began her testimony, saying she had been a professional ballet dancer who had just shifted to dancing in Hollywood.

    She said that Weinstein appeared on the set while they were filming in a ballroom, and asked her to step outside.

    Ashley M. said Weinstein talked about her giving him a naked massage, and she tried to assuage him by saying she was engaged, and that she was needed on the set.

    She said Weinstein told her he was the boss and got to decide who needed to be on set.

    The woman called her mother and her then-fiance, who told her to seek help from others on the set.

    Then someone said it was time for a meal break.

    “I thought, ‘whew, saved by the bell,’” she testified.

    During the break, she asked the films choreographer and a producer what to do, but got the sense that they didn’t want to upset Weinstein.

    “Did either of them give you any sort of help?” Deputy District Attorney Marlene Martinez asked.

    “No,” Ashley M. said.

    “How did you feel then?” Martinez asked.

    “Freaked out,” the witness answered.

    Ashley M. said when the returned to the set Weinstein was waiting there with a limo, and Hung.

    “I felt better just knowing I wasn’t alone,” she said.

    The Associated Press does not typically name people who say they have been sexually abused unless they have come forward publicly.

    Ashley M. told her story to the New York Times in October of 2017, when the newspaper’s accounts of women who say Weinstein sexually assaulted them put the movie executive at the center of the #MeToo movement.

    Thursday was the first time she has told her story in a courtroom.

    Ashley M. is expected to return to the witness stand for more questioning from prosecutors Friday, followed by cross-examination from Weinstein’s defense.

    ———

    Follow AP Entertainment Writer Andrew Dalton on Twitter: twitter.com/andyjamesdalton

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  • Weinstein lawyer presses woman over absence of rape evidence

    Weinstein lawyer presses woman over absence of rape evidence

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    LOS ANGELES — An attorney for Harvey Weinstein peppered a woman with questions Wednesday on the lack of forensic evidence that the movie magnate raped her in 2013, or that he was even at the hotel where she says the assault occurred.

    “You don’t have any physical evidence to present to this jury that any of this happened, do you?” lawyer Alan Jackson asked pointedly during cross-examination.

    When the judge at the 70-year-old Weinstein’s Los Angeles trial sustained an objection to the question because it called for speculation, Jackson got more specific:

    “Any photos?”

    “No,” the woman said quietly.

    “Any video?”

    “No,” she replied, then added, “Do you think somebody after rape makes a video?”

    She began crying softly as she answered “no” to a series of similar questions about whether she had any documentation of bruises, scrapes, cuts, or handprints on her face from Weinstein holding her down, or had been given a sexual assault examination.

    “Do you have any physical evidence that you were even with Mr. Weinstein?” Jackson asked.

    Her crying grew louder as she answered, “I had his jacket, but I gave it away.”

    The woman, a model and actor who was working in Rome, is the the first of Weinstein’s accusers to testify at the trial and spent portions of three days on the witness stand.

    Prosecutors have presented photographs and other evidence that both Weinstein and the woman were at the Los Angeles Italia Film Festival, which she had come to California to attend in February 2013.

    But they have not yet produced anything that puts Weinstein at her hotel on the night she says he forced her to perform oral sex on her bed then raped her in her bathroom.

    The woman did not go to police until October of 2017, when women’s stories about Weinstein made him the central figure in the #MeToo movement.

    She maintains that Weinstein left her jacket in the room and she gave it to hotel staff, but no lost-and-found records have been discovered to demonstrate it.

    Asked whether the explosion of media stories around Weinstein prompted her to go to police, the woman repeated earlier testimony that she had already decided to file a report earlier in the year when she urged her teenage daughter to go to authorities over sexual harassment she’d been subjected to at school.

    The woman is going only by “Jane Doe 1” in court. Her age and birthplace have also been kept out of court proceedings, though she has said her first language was Russian and she was living at the time with her three children in Italy, where she had married into considerable wealth.

    The Associated Press does not typically name people who say they have been sexually abused unless they come forward publicly.

    Weinstein’s defense tried to poke holes in her testimony and press on inconsistencies in previous accounts she gave to police, to prosecutors, to a grand jury, and in the first two days of her trial testimony.

    In graphic questioning, Jackson dwelt on the woman’s description in her initial interview with police of oral sex she said Weinstein forced her to perform. Jackson suggested that Weinstein’s unusual genital features after a surgery he had years earlier made the acts she described impossible.

    The same acts went unmentioned during her 2020 grand jury testimony, and Jackson asked her whether she had learned more about Weinstein’s sex organs from prosecutors and thus changed her story.

    “Never!” she said adamantly.

    Under questioning later from the prosecution, she described “very bad scarring tissue” around Weinstein’s genitals.

    It was the first time jurors heard from a witness about Weinstein’s anatomy, which arose often in his 2020 trial in New York, where he was convicted of rape and sexual assault and sentenced to 23 years in prison.

    The woman told prosecutor Paul Thompson that she had been having panic attacks and had hardly slept or eaten since her testimony began Monday afternoon. It finally ended late Wednesday.

    Weinstein has pleaded not guilty to 11 counts of rape and sexual assault involving five women.

    When prosecutors gave their opening statement Monday, however, they excluded one of the women, putting into question whether the four counts involving her will be addressed during the trial.

    The district attorney’s office has declined to explain when asked about the issue.

    Weinstein’s attorneys said no charges have been dropped.

    ———

    Follow AP Entertainment Writer Andrew Dalton on Twitter: twitter.com/andyjamesdalton

    ———

    For more on the Harvey Weinstein trial, visit: https://apnews.com/hub/harvey-weinstein

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  • Woman testifies Harvey Weinstein rape filled her with guilt

    Woman testifies Harvey Weinstein rape filled her with guilt

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    LOS ANGELES — A woman who says Harvey Weinstein raped her in 2013 testified Tuesday that she had feelings of guilt and disgust that began soon after she let him into her hotel room and lasted for years.

    The woman, a model and actor living and working in Rome who was in Los Angeles at the time for a film festival, said that starting the following day she began drinking heavily.

    “I was destroying myself,” she said. “I was feeling very guilty. Most of all because I opened that door.”

    The woman was the first of eight Weinstein accusers set to testify in a courtroom in Los Angeles where the 70-year-old movie mogul is on trial on multiple counts of rape and sexual assault. Weinstein, who is already serving a 23-year sentence for a conviction in New York, has pleaded not guilty.

    Most of the women said that their assaults began with what were supposed to be business meetings with Weinstein at hotels. However, the woman testifying Tuesday said she was stunned to find him knocking at her door late on a night in February 2013 after she had met him only briefly earlier in the evening at the Los Angeles Italia film festival.

    Staying in the hotel under a pseudonym, she said she had no idea how Weinstein even knew her room number and that she let him through her door initially without thinking there was any harm in it. That shifted quickly when Weinstein became sexually aggressive, she said.

    The woman, whose first language is Russian, said that her English was very poor at the time though it has improved considerably since, and she thought she might have miscommunicated.

    “I was feeling guilty that I did something or said something that made him think something could happen between us,” she said.

    She said Weinstein forced her to perform oral sex on her hotel bed.

    “I was kind of hysterical through tears,” she said. “I kept saying ‘no, no no.’”

    She said she physically feared Weinstein, who outweighed her by 100 pounds or more.

    She said she considered running, or hitting or biting him.

    Deputy District Attorney Paul Thompson asked why she didn’t.

    “I don’t know,” she answered. “I regret this a lot.”

    She said by the time Weinstein took her into the bathroom to rape her, she stopped physically resisting, though still objected verbally.

    “I would just freeze, like my body wouldn’t listen,” she said.

    She said she struggled to face her children after the incident, and felt the need to confess it to her Russian Orthodox priest. Prosecutors sought for the priest to testify, but he declined, citing religious privilege. The woman’s daughter, now 21, is set to testify later.

    In his opening statement, Weinstein attorney Mark Werksman said many of the counts his client is charged with were actually consensual sex that his accusers reframed after he became a lightning rod for the #MeToo movement in 2017.

    But in the case of the woman testifying Tuesday, Weinstein’s attorneys deny that the events in her hotel room happened at all. No records, surveillance video or other evidence places Weinstein at the woman’s hotel, Mr. C Beverly Hills, on the night she says she was raped.

    Weinstein attorney Alan Jackson pressed her on this during cross-examination, asking how Weinstein could have learned her room number and been allowed to her door, and why she made no complaints to hotel staff over “this terrible breach of protocol.”

    She answered, “Because of what happened to me. Because I didn’t want anybody to know.”

    Jackson then asked why she stayed in the same hotel for weeks afterward, and did not even change rooms.

    “You stayed in the very room that you claim you were attacked and victimized by a sexual predator?” Jackson asked.

    The woman conceded that she had.

    She cried occasionally during her testimony, but remained mostly composed, looking down when she grew emotional to gather herself.

    A day earlier she was sobbing so much in her account of the assault, court adjourned a few minutes early.

    “I want to apologize for my breakdown yesterday,” she said when she returned to the stand Tuesday. “Unfortunately I cannot control that.”

    She is expected to return to the stand Wednesday.

    The woman’s name is not being revealed in court. She is being referred to as “Jane Doe 1.”

    The AP does not typically name people who say they have been sexually abused unless they come forward publicly.

    ———

    Follow AP Entertainment Writer Andrew Dalton on Twitter: twitter.com/andyjamesdalton

    ———

    For more on the Harvey Weinstein trial, visit: https://apnews.com/hub/harvey-weinstein

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  • Prosecutor: Women’s stories show Weinstein’s predatory power

    Prosecutor: Women’s stories show Weinstein’s predatory power

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    LOS ANGELES — A prosecutor at Harvey Weinstein‘s sexual assault trial told jurors Tuesday that the accusers who will testify will tell uncannily similar stories of themselves as young aspiring women who were cornered in hotel rooms by a man who at the time was the definition of Hollywood power.

    “Each of these women came forward independent of each other, and none of them knew one another,” Deputy District Attorney Paul Thompson said during his opening statement at Weinstein’s Los Angeles trial.

    The 70-year-old former movie mogul, already serving a 23-year sentence in New York, is charged with multiple counts of rape and sexual assault in California.

    The defense countered in its opening statement that the incidents either did not happen or were consensual sex that the women redefined in the wake of the #MeToo movement.

    Weinstein, prosecutor Thompson said, lorded his status as “the most powerful man in Hollywood” over them, talking about the female A-list actors whose careers he had made before growing aggressive.

    Thompson played a video presentation with composite photos of the women who will testify and quotes from prior testimonials. Most were aspiring actors. One was an aspiring screenwriter who thought she was going to pitch him a script.

    All will testify that Weinstein ignored clear signs that they did not consent, the prosecutor said, including “their shaking bodies, their crying, their backing away from him, their saying ‘no.’” Four women whom Weinstein is not charged with assaulting in the case will also testify about what he did to them to demonstrate his propensity for such acts, Thompson said.

    Weinstein attorney Mark Werksman told jurors that what Weinstein did with the women was considered acceptable, “transactional” behavior in Hollywood, where young women were seeking roles and other advantages by having sex with the powerful movie magnate.

    “You’ll learn that in Hollywood, sex was a commodity,” Werksman said.

    The accusers Weinstein is charged with assaulting are expected to be identified only as Jane Doe in court, but they include Jennifer Siebel Newsom, an actor and documentary filmmaker who is married to California Gov. Gavin Newsom.

    Siebel Newsom had not yet met Newsom and was an aspiring actor in 2005 when, according to his indictment, Weinstein raped her at a Beverly Hills Hotel.

    Without using her name, both sides said she would testify. Werksman called her a very prominent citizen of California.”

    “She’s made herself a prominent victim in the #MeToo movement,” he added, “otherwise she’d be just another bimbo who slept with Harvey Weinstein to get ahead in Hollywood.”

    In a statement to The Associated Press, Elizabeth Fegen, who represents Siebel Newsom and two other Weinstein accusers, called the comments “despicable, desperate, dishonest.”

    “The defense is callously engaging in misogynistic name-calling and victim-shaming — but survivors will not be deterred,” she added.

    Werksman said Siebel Newsom and many other women in the case had contact, and even initiated dealings, with Weinstein in the years after the encounters, often referring to him affectionately.

    In an attempt to head off this strategy, Thompson told jurors that they would hear from a psychologist who will dispel rape myths. Key among them is the idea that a sexual assault victim would not have further contact with their assailant.

    Werksman said that Weinstein’s consensual acts were transformed in October 2017 with “the asteroid called the #MeToo movement.”

    “He became the smoldering, radioactive center of it,” Werksman said. “He is Hollywood’s Chernobyl.”

    He said that there was suddenly “a new word” for the women, “victim.”

    The AP does not typically name people who say they have been sexually abused unless they come forward publicly. Siebel Newsom’s identity was first reported by the Los Angeles Times, and her attorney has told the AP and other news outlets that she is among the women Weinstein is charged with sexually assaulting who will testify during the trial.

    The first of Weinstein’s accusers to testify, a model and actor who was living and working in Italy when she met him at a film festival in Los Angeles in 2013, said she was stunned to find him knocking at the door of her hotel room after interacting with him briefly earlier that evening.

    She said she was more confused than frightened at first, so she let Weinstein in, but he grew more aggressive. She said he eventually forced her to perform oral sex.

    “I was crying, choking,” said the woman.

    She grew increasingly emotional on the stand until she was sobbing so much that she could no longer speak.

    With the court day near an end, Judge Lisa Lench called for a recess until Tuesday morning, when she’ll return to the stand.

    At the beginning of the day, Weinstein was wheeled into court wearing a suit, and climbed into a seat next to his attorneys.

    Confusion arose when Thompson during his opening statement made no mention of one accuser who had been set to testify as recently as last week. Weinstein was indicted on 11 counts overall, four of which involved the woman who was not mentioned. The district attorney’s office did not address why the woman was not referenced.

    Outside court, Weinstein’s attorney said no charges had been dismissed.

    “The people left her out of their presentation, so I didn’t mention her,” he said. “It’s a glaring absence, though, in their presentation.”

    ———

    Follow AP Entertainment Writer Andrew Dalton on Twitter: twitter.com/andyjamesdalton

    ———

    For more on the Harvey Weinstein trial, visit: https://apnews.com/hub/harvey-weinstein

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  • Judge sides with California baker over same-sex wedding cake

    Judge sides with California baker over same-sex wedding cake

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    BAKERSFIELD, Calif. — A California judge has ruled in favor of a bakery owner who refused to make wedding cakes for a same-sex couple because it violated her Christian beliefs.

    The state Department of Fair Housing and Employment had sued Tastries Bakery in Bakersfield, arguing owner Cathy Miller intentionally discriminated against the couple in violation of California’s Unruh Civil Rights Act.

    Miller’s attorneys argued her right to free speech and free expression of religion trumped the argument that she violated the anti-discrimination law. Kern County Superior Court Judge Eric Bradshaw ruled Friday that Miller acted lawfully while upholding her beliefs about what the Bible teaches regarding marriage.

    The decision was welcomed as a First Amendment victory by Miller and her pro-bono attorneys with the conservative Thomas More Society.

    “I’m hoping that in our community we can grow together,” Miller told the Bakersfield Californian after the ruling. “And we should understand that we shouldn’t push any agenda against anyone else.”

    A spokesperson said the fair housing department was aware of the ruling but had not determined what to do next. The couple, Eileen and Mireya Rodriguez-Del Rio, said they expect an appeal.

    “Of course we’re disappointed, but not surprised,” Eileen told the newspaper. “We anticipate that our appeal will have a different result.”

    An earlier decision in Kern County Superior Court also went Miller’s way, but it was later vacated by the 5th District Court of Appeal, which sent the lawsuit back to the county.

    The decision comes as a Colorado baker is challenging a ruling he violated that state’s anti-discrimination law by refusing to make a cake celebrating a gender transition. That baker, Jack Phillips, separately won a partial U.S. Supreme Court victory after refusing on religious grounds to make a gay couple’s wedding cake a decade ago.

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  • Rape accuser testifies against filmmaker Paul Haggis

    Rape accuser testifies against filmmaker Paul Haggis

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    NEW YORK — He was a famous moviemaker. She was a publicist working a film premiere where he was a VIP guest. He’d offered her a lift home and then invited her to his apartment for a drink.

    Once there screenwriter-director Paul Haggis abruptly tried to kiss her, backed her into his refrigerator, and had a question for her, accuser Haleigh Breest told a jury Thursday.

    “Are you scared of me?” he asked, according to her testimony.

    And so began, Breest said, a sexual assault that ended with the Oscar winner raping her. She’s suing him in a civil case that’s now on trial.

    Haggis maintains the 2013 encounter was consensual, and his lawyer has argued that Breest called it rape because she’s out for money. She’s seeking unspecified damages.

    In a steady, unsparing tone, Breest recounted what she said was a terrifying, painful attack that left her shocked and “really struggling to comprehend what had happened.”

    “I couldn’t understand how somebody who seemed like a nice guy would do that,” she said.

    As she spoke without looking at him, Haggis, 69, watched largely expressionlessly, sometimes rubbing his bearded chin or taking notes.

    The Associated Press generally doesn’t identify people who say they have been sexually assaulted unless they come forward publicly, as Breest has done.

    Breest, now 36, said she first met the “Crash” and “Million Dollar Baby” screenwriter in 2012 at a premiere afterparty where she was working.

    Breest and Haggis exchanged occasional professional emails and party chitchat, she said, over the months before their paths crossed again at another premiere party she worked on Jan. 31, 2013.

    A tipsy — but not stumbling drunk — Breest accepted the filmmaker’s offer of a ride, and then his invitation for a drink, she told jurors. She said she suggested someplace public instead, but he pushed for his apartment in Manhattan’s SoHo neighborhood, and she didn’t want to offend one of her employer’s red-carpet guests.

    “But just so you know,” she testified that she told him, “I’m not sleeping in SoHo tonight.”

    Yet Haggis’ advances began as soon as she put her bags down in his loft’s open kitchen, Breest said.

    “You’ve been flirting with me for months,” he soon said, according to her.

    “I don’t even know you,” she said she replied.

    Breest said she dodged him and thought she’d politely defused the situation when he started showing her the apartment. But when they reached a guest bedroom, Haggis “became aggressive very quickly,” pushed her onto the bed and pulled off her tights and clothes as she tried to keep them on and told him to stop, she said.

    Then, she said, he forced her to perform oral sex and wanted intercourse. She said she asked to take a shower as a subtle way to get out of the room, but he followed her there, then steered her back to the guest bedroom and made a further series of unwanted sexual moves that culminated in rape.

    “I was like a trapped animal. There was nothing for me to do,” she said.

    Breest said she passed out soon afterward, awoke alone on the bed the next morning and left without seeing Haggis again.

    That day and in the ensuing months, Breest said, she told a half-dozen friends that she had been sexually assaulted, naming Haggis to some. She said she informed her boss the next year that Haggis had done something bad to her.

    Breest didn’t tell police. She testified that she was scared and concerned about how her allegation would be handled.

    Nor did she confront Haggis when he emailed her the day after the encounter to ask about photos from the premiere. Nor at subsequent screenings or in emails, some of which she initiated, about social events and movie matters.

    “I didn’t want my work experience to be awkward,” she testified, so “I pretended like everything was normal. And it wasn’t.”

    Behind the scenes, Breest anguished over what had happened and what to do, according to text and other electronic messages shown in court.

    The communications, sent to friends, veer from frank descriptions of forced sex — “and I kept saying no” — to moments when she seemed to downplay it (“it sort of is” rape).

    At times she said she wanted to avoid Haggis, at others she mused about seeing him again to try to regain some equanimity and “not be the victim.” The messages are salted with lighthearted texting slang — “lol,” “omg,” “haha” — that Breest says were attempts to use humor to defang a tough subject.

    Haggis hasn’t testified thus far, and his lawyers haven’t yet gotten their chance to question Breest. In an opening statement, defense attorney Priya Chaudhry pointed to some of the accuser’s messages — such as a comment that she needs “to get something out of this” — to question her credibility.

    Breest said her remarks just reflect her horror at being victimized, her desire to seize back a sense of control in her life, and her confusion at how someone she thought well of could violently turn on her.

    Now, she said, she understands that night.

    “I thought I was getting a ride home. I agreed to have a drink. What happened never should have happened,” she told the jury. “And it had nothing to do with me, and everything to do with him and his actions.”

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  • Woman testifies Danny Masterson raped, choked her in 2003

    Woman testifies Danny Masterson raped, choked her in 2003

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    LOS ANGELES — A woman broke down on the witness stand Wednesday while giving graphic testimony about a 2003 night when she said she emerged from unconsciousness to find actor Danny Masterson raping her.

    She is the first of three women who say Masterson raped them to testify during his Los Angeles trial. She said at one point she grabbed Masterson’s hair to try to pull him away, but he shoved a pillow into her face.

    “I was smothered,” she said, crying. “I could not breathe.”

    She said she later grabbed his throat to try to push him away but he held her down and began choking her.

    Asked by the prosecutor what she was thinking at the time, she replied: “That he was going to kill me. That I was going to die.”

    By this point she was weeping. After she said “I can’t do this,” the judge called for a brief break and a court victims’ services advocate comforted her at the witness stand.

    When she took the stand again, she testified that Masterson pulled a gun from a drawer in his bedside table and ordered her to be quiet when there was a commotion — and voices — at the door.

    She said that, throughout the night, she passed in and out of consciousness despite drinking only about half of a fruity vodka drink Masterson had handed her.

    Masterson, 46, who at the time was a star of the Fox TV sitcom “That ’70s show,” has pleaded not guilty to three counts of rape.

    In brief cross-examination before the trial ended for the day, questions from Masterson’s attorney Phillip Cohen suggested that he would challenge her over differences in the story she told police in 2004, which did not lead to charges for Masterson, and her testimony Wednesday.

    She conceded that she omitted elements of the story at the time, “to protect people.”

    At a preliminary hearing last year, a previous defense lawyer for Masterson emphasized that there was no mention of a gun in the LAPD report from 2004, and contended the three women had each reframed consensual sex as rape.

    The Associated Press does not name people who say they have been sexually abused unless they come forward publicly.

    Masterson, sitting at the defense table in a suit, looked toward the woman as she testified, but had no visible reaction. His wife, actor and model Bijou Phillips, sat behind him at the front of the gallery, along with several of his family members and friends.

    The woman, then 27, was the best friend of Masterson’s assistant and part of the same social circle of Church of Scientology members.

    She testified that she had only intended to go to Masterson’s house to pick up a set of keys, and that her relationship had been uneasy with Masterson since the two had sex several months earlier, an incident she told police was consensual in 2004 but later decided she hadn’t consented to. She went back to police in 2016.

    In his cross-examination, Cohen asked whether it was her position in 2004 that Masterson had raped her the first time they had sex, and she answered “no.” Asked whether that was her position now, she also answered “no.” Court adjourned before he could press her further.

    All three of Masterson’s accusers were members of the Church of Scientology at the time they say they were raped, but have since left. Masterson remains a member. Judge Charlaine Olmedo said before the trial that she would not allow Scientology to become a de facto defendant, but would allow limited discussion of it.

    Before the woman took the stand Wednesday after beginning her testimony Tuesday, the judge warned her not to stray too far into discussions of the religion, an issue she had already admonished Deputy District Attorney Reinhold Mueller about.

    Scientology still came up. The woman testified that some of her mutual friends filed so-called “knowledge reports” signaling their unhappiness with her after she told them about the initial incident with Masterson, and she was summoned by an ethics officer who forced her to make peace with him and take responsibility.

    “You can never be a victim,” the woman said. “No matter what happens, you’re always responsible.”

    Asked if she still feared retaliation from anyone for coming forward about Masterson, she replied “about half this courtroom.”

    She testified that she signed a non-disclosure agreement with Masterson in 2004, and accepted $400,000 over the course of a year, because the church was going to tar her as a “suppressive person” otherwise. She said she had violated the agreement “about 50 times” since signing it.

    She testified that she had only expected to be at Masterson’s house, a social hub for their friend circle, for a few minutes.

    Masterson’s is one of several trials with #MeToo themes going on simultaneously on from coast to coast. They include Harvey Weinstein’s second rape and sexual assault trial just down the hall, and civil trials in New York for actor Kevin Spacey and for screenwriter and director Paul Haggis, who are both being sued for sexual assault.

    Scientology also has a major role in the trial of Haggis, a church dissident who is being allowed to argue that the institution is behind the allegations against him.

    ———

    Follow AP Entertainment Writer Andrew Dalton on Twitter: https://twitter.com/andyjamesdalton

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  • Case vs. Paul Haggis joins month of Hollywood #MeToo trials

    Case vs. Paul Haggis joins month of Hollywood #MeToo trials

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    NEW YORK — Jurors got their first look Wednesday at a lawsuit that pits Oscar-winning moviemaker Paul Haggis against a publicist who alleges that he raped her, the latest in a lineup of #MeToo-era trials involving Hollywood figures this fall.

    Opening statements in the civil case against Haggis began Wednesday in a New York state court. The federal court next door is housing a trial in a lawsuit accusing Oscar-winning actor Kevin Spacey of sexual assault. In Los Angeles, former film mogul Harvey Weinstein and “That ’70s Show” actor Danny Masterson are fighting criminal rape charges at separate trials down the hall from each other (Weinstein is already serving a 23-year sentence on a New York conviction). All of the men deny the allegations.

    The confluence of trials is a coincidence, but it makes for something of a #MeToo moment five years after allegations against Weinstein triggered a dam break of sexual misconduct accusations in Hollywood and beyond and catalyzed an ongoing movement to demand accountability.

    “We’re still very early on in this time of reckoning,” said Debra Katz, a Washington-based lawyer who has represented many sexual assault accusers. She isn’t involved in any of the four trials.

    In an unusual turn, both Haggis’ case and Masterson’s also have become forums for scrutinizing the Church of Scientology, though from different perspectives.

    In the case against Haggis, publicist Haleigh Breest claims that the “Crash” and “Million Dollar Baby” screenwriter forced her to perform oral sex and raped her after she reluctantly agreed to a drink in his apartment after a 2013 movie premiere. Haggis maintains that the encounter was consensual.

    Breest never went to police, but soon after the encounter, she gave friends an account of what happened, sending text messages that both her lawyers and Haggis’ attorneys say bolster their case.

    “He was so rough and aggressive. Never, ever again … And I kept saying no,” read one text that her lawyer Zoe Salzman highlighted in her opening statement. She said the encounter shattered Breest emotionally, but that she didn’t go public until after the allegations against Weinstein burst into view in 2017 and Haggis condemned him.

    “The hypocrisy of it made her blood boil,” Salzman said.

    Haggis attorney Priya Chaudhry pointed jurors to other parts of the same text exchange, saying that Breest added “lol” — for “laughing out loud” — when she mentioned performing oral sex, and that she said she wanted to be alone with Haggis again to “see what happens.”

    “I don’t care too much. I just hope I don’t now have enemies” professionally, she wrote, according to Chaudhry. She argued that Breest falsely accused the filmmaker of rape to get a payout.

    “Paul Haggis is relieved that he finally gets his day in court,” Chaudhry said.

    Only Breest is suing Haggis, but jurors will also hear from four other women who told her lawyers that Haggis sexually assaulted them, or attempted to do so, in separate encounters between 1996 and 2015. The jury won’t hear, however, that Italian authorities this summer investigated a sexual assault allegation against him, which he denied.

    “Mr. Haggis used his storytelling skills and his fame to prey on, to manipulate and to attack vulnerable young women in the film industry,” Salzman told jurors. “He doesn’t stop when women say no.”

    Haggis’ attorney argued there’s another explanation for the allegations.

    Promising “circumstantial evidence,” she suggested that Scientologists ginned up Breest’s lawsuit to discredit him after he split with the church and became a prominent detractor.

    The church denies any involvement, and Breest’s lawyers have called the notion a baseless conspiracy theory that lacks proof of any connection between the religion and Haggis’ accusers.

    “Scientology has nothing to do with this case,” Salzman told jurors. The church has said the same.

    Scientology is a system of beliefs, teachings and rituals focused on spiritual betterment. Science fiction and fantasy author L. Ron Hubbard’s 1950 book “Dianetics: The Modern Science of Mental Health” is a foundational text.

    The religion has gained a following among such celebrities as Tom Cruise, John Travolta and Kirstie Alley. But some high-profile members have broken with it, including Haggis, singer Lisa Marie Presley and actor Leah Remini. In a memoir and documentary series, Remini said the church uses manipulative and abusive tactics to indoctrinate followers into putting its goals above all else, and she maintained that it worked to discredit critics who spoke out.

    The church has vociferously disputed the claims.

    Haggis says he was Scientologist for three decades before leaving the church in 2009. He slammed it as “a cult” in a 2011 New Yorker article that later informed a book and an HBO documentary, and he foreshadowed that retribution would come in the form of “a scandal that looks like it has nothing to do with the church.”

    The church has repeatedly said that Haggis lied about its practices to grab the spotlight for himself and his career. The church didn’t respond to a request for comment.

    Masterson’s lawyer, meanwhile, is asking jurors to disregard the actor’s affiliation with Scientology, though prosecutors say the church discouraged two of his three accusers from going to authorities. All three are former members.

    Haggis got his Hollywood start as as TV writer and moved on to movies including “Million Dollar Baby” and “Crash,” which won back-to-back Academy Awards for best picture in the mid-2000s. The Canada-born filmmaker also directed and was a producer of “Crash,” which garnered him and Bobby Moresco the best original screenplay Oscar in 2006.

    In a sworn statement last year, Haggis said his career nosedived and his finances cratered after Breest sued him in 2017.

    The Associated Press does not usually name people alleging sexual assault unless they come forward publicly, as Breest has done. She is seeking unspecified damages.

    ———

    Associated Press writer Deepa Bharath contributed from Los Angeles.

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  • ’70s Show’ actor Danny Masterson on trial on 3 rape charges

    ’70s Show’ actor Danny Masterson on trial on 3 rape charges

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    LOS ANGELES — Danny Masterson, former star of the long-running sitcom “That ’70s Show,” is about to face three women in court who say he raped them two decades ago at a trial whose key figures are all current or former members of the Church of Scientology.

    Opening statements could begin as early as Tuesday in the Los Angeles trial of the 46-year-old Masterson, and while a judge has expressed her determination not to have the church become the center of the proceedings, it will inevitably loom large.

    Masterson is charged with raping the women between 2001 and 2003 in his home, which functioned as a social hub when he was at the height of his fame. Masterson has pleaded not guilty to the charges.

    One of the women had been Masterson’s longtime girlfriend. Another was a longtime friend, and the third a newer acquaintance.

    All three were members of the Church of Scientology, as Masterson still is. All three accusers have since left, and they said the church’s insistence that it deal internally with problems between members made them hesitant at first to go to authorities.

    “This is not going to become a trial on Scientology,” Superior Court Judge Charlaine F. Olmedo asserted at a pre-trial hearing. But she said she would allow its discussion as a reason why the women delayed reporting to authorities.

    Testimony at a preliminary hearing last year to determine whether Masterson should go to trial last year included frequent use of Scientology jargon that lawyers had to ask the witnesses to explain. And the trial’s witness list is full of members and former members of the church, which has a strong presence in Los Angeles and has counted many famous figures among its members. The list includes former member Lisa Marie Presley, the daughter of Elvis Presley and former wife of Michael Jackson.

    Masterson’s initial attorney in the case, Thomas Mesereau, emphasized his client’s Scientology connections, saying his arrest was the result of anti-religious bias from police and prosecutors. The lawyer attempted unsuccessfully to subpoena alleged communications between the accusers and actor Leah Remini, a former Scientologist who has become on of the church’s foremost detractors, authoring a book and hosting a documentary series.

    Masterson’s lead attorney for the trial, Phillip Cohen, appears to be taking the opposite approach, seeking in a pretrial motion to minimize mentions of the institution, which has garnered much negative publicity in recent years because of prominent dissidents like Remini. Some potential jurors have been dismissed based on their opinions of the church.

    “I think leaving the Church of Scientology out of it is a good plan,” said Emily D. Baker, a former Los Angeles County prosecutor who now works as a legal analyst and podcaster. “I don’t think the general public has an overwhelmingly positive view, I think there is a lot of skepticism.”

    Deputy District Attorney Reinhold Mueller, the lead prosecutor, may want to tread carefully on the subject too.

    “It can feel heavy handed when you have the government bringing someone’s religion into a prosecution,” said Baker, who is not involved in the case. “I think there is a careful line to be considered. The church is not on trial, you don’t want to give jurors a sense that you’re going after it.”

    Masterson is charged with three counts of rape by force or fear, which could mean up to 45 years in prison if if he’s convicted.

    At last year’s preliminary hearing, one woman testified that they were five years into a relationship when she woke to Masterson raping her one night in 2001.

    Another, a onetime friend of Masterson’s who had been born into Scientology, testified that, in 2003, he had taken her upstairs from the hot tub at his Los Angeles home and raped her in his bedroom.

    The third woman said Masterson raped her on a night in 2003 after texting her to come to his house. She testified she had set boundaries and was clear there was to be no sex.

    One of the women, Masterson’s friend, unhappy with the way the Scientology ethics board handled her complaint about him, filed a police report in 2004 that didn’t result in charges. In 2016, she connected and shared stories with the woman who says she was raped while in a relationship with Masterson. Each would file a police report that year. Masterson’s former girlfriend said she did so after telling her story to her husband, who helped her understand that she had been raped. The third woman went to police in 2017.

    Masterson’s then-attorneys suggested in their cross-examination of the women that all had retroactively reframed consensual sex as rape, and said the age of the incidents made accurate memories impossible.

    The Associated Press does not typically name people who say they were victims of sexual abuse unless they come forward publicly.

    Masterson was one of the first Hollywood figures to be prosecuted in the #MeToo era. His is one of several high-profile sexual assault cases that have gone to trial around the fifth anniversary of the reporting of accusations against Hollywood mogul Harvey Weinstein, which transformed the #MeToo movement into an international reckoning.

    Weinstein’s second rape and sexual assault trial — he’s already been convicted in New York — is happening simultaneously, just down the hall from Masterson’s. In New York, civil trials have begun for actor Kevin Spacey and for screenwriter and director Paul Haggis, who are both being sued for sexual assault.

    Haggis is himself a Scientology dissident, and the judge in that case is allowing him to argue that the church is behind the allegations against him.

    From 1998 until 2006, Masterson starred as Steven Hyde on Fox’s “That ’70s Show,” which made stars of Ashton Kutcher, Mila Kunis and Topher Grace and is getting an upcoming Netflix reboot with “That ’90s Show.”

    Masterson had reunited with Kutcher on the Netflix comedy “The Ranch” but was written off the show when an LAPD investigation was revealed in December 2017.

    ———

    Follow AP Entertainment Writer Andrew Dalton on Twitter: https://twitter.com/andyjamesdalton

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  • Suit over rape claim against filmmaker Haggis heads to trial

    Suit over rape claim against filmmaker Haggis heads to trial

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    NEW YORK — Opening statements are expected Wednesday in a civil case brought by a publicist who accused Oscar-winning filmmaker Paul Haggis of raping her almost a decade ago.

    Jury selection began Monday in a Manhattan courtroom.

    The lawsuit was filed in 2017 as a wave of sexual misconduct accusations against prominent men was propelling the #MeToo movement to new visibility. At least four other women subsequently alleged that Haggis, a screenwriter known for “Crash” and “Million Dollar Baby,” sexually assaulted them or tried to do so.

    The New York lawsuit centers on publicist Haleigh Breest’s allegation that Haggis offered her a ride home from a movie premiere, invited her to his Manhattan apartment for a drink, rebuffed her suggestion that they go to a public bar instead, and then raped her at the apartment.

    The filmmaker, who declined to comment as he left court Monday, maintains that the encounter was consensual.

    His defense may also feature an allegation of sinister intrigue: His lawyers have suggested that the Church of Scientology engineered false accusations of sexual misdeeds to ruin Haggis, a former longtime member who became an outspoken critic.

    The church has said it had no involvement in the allegations against Haggis, and his accuser’s lawyers have called it “a shameful and unsupported conspiracy theory unworthy of any trial proceeding.”

    But Judge Sabrina Kraus ruled last month that Haggis’ lawyers can bring up Scientology, saying that “the jury is entitled to be informed of any possible motive (the) plaintiff may have and about the church’s efforts to discredit Haggis.”

    No criminal charges were filed in connection with Breest’s accusation. Her lawsuit could mean a financial penalty, but not prison or probation for Haggis if she prevails. She is seeking unspecified damages.

    After the suit was filed in late 2017, three other women told her attorneys and The Associated Press that Haggis had sexually assaulted them or attempted to do so. One said he had raped her. In response, his lawyer said Haggis “didn’t rape anybody.”

    Kraus ruled last month that those three women can also testify as part of Breest’s effort to demonstrate Haggis’ “intent and lack of consent.”

    Jurors won’t be allowed to hear that Haggis was detained for about two weeks at an Italian hotel in June while authorities investigated allegations that he sexually assaulted a woman there. Haggis was in Italy for an arts festival.

    Haggis’ Italian attorney said the filmmaker was innocent, and in early July, a judge released him while prosecutors considered whether to pursue their inquiry. The judge concluded that Haggis hadn’t engaged in “constrictive violent behavior,” according to the newspaper Corriere della Sera.

    The Associated Press does not usually name people alleging sexual assault unless they come forward publicly, as Breest has done.

    The Canadian-born Haggis wrote “Million Dollar Baby” and “Crash,” which won back-to-back Academy Awards for best picture in the mid-2000s. He also directed and was a producer of “Crash,” which garnered him and Bobby Moresco the best original screenplay Oscar in 2006. The next year, Haggis was nominated in the same category for “Letters from Iwo Jima.”

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  • Mel Gibson can testify at Harvey Weinstein trial, judge says

    Mel Gibson can testify at Harvey Weinstein trial, judge says

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    LOS ANGELES — Mel Gibson can testify about what he learned from one of Harvey Weinstein’s accusers, a judge ruled Friday in the rape and sexual assault trial of the former movie mogul.

    The 66-year-old actor and director was one of many witnesses, and by far the best known, whose identities were revealed in Los Angeles Superior Court. The judge and attorneys had taken a break from jury selection for motions on what evidence will be allowed at the trial, and who can testify. The witness list for the trial is sealed.

    Judge Lisa B. Lench ruled that Gibson can testify in support of his masseuse and friend, who will be known as Jane Doe #3 at the trial. Weinstein is accused of committing sexual battery by restraint against the woman, one of 11 rape and sexual assault counts in the trial against the 70-year-old.

    Prosecutors said that after getting a massage from the woman at a California hotel in Beverly Hills in May of 2010, a naked Weinstein followed her into the bathroom and masturbated. Weinstein has pleaded not guilty, and denied any non-consensual sexual activity.

    Weinstein’s attorneys argued against allowing Gibson to testify, saying that what he learned from the woman while getting a massage from her does not constitute a “fresh complaint” by the woman under the law by which Gibson would take the stand. A “fresh complaint” under California law allows the introduction of evidence of sexual assault or another crime if the victim reported it to someone else voluntarily and relatively promptly after it happened.

    Prosecutors said that when Gibson brought up Weinstein’s name by chance, the woman had a traumatic response and Gibson understood from her that she had been sexually assaulted. Gibson did not remember the timing of the exchange, but the prosecution will use another witness, Allison Weiner, who remembers speaking to both Gibson and the woman in 2015.

    Judge Lench said Gibson’s testimony will depend on how the accuser describes the exchange with him when she takes the stand, and she may choose to rule against it at that time.

    Weinstein attorney Mark Werksman then argued that if Gibson does take the stand, the defense should be allowed to cross-examine him about widely publicized antisemitic remarks Gibson made during an arrest in 2006, and about racist statements to a girlfriend that were recorded and publicized in 2010.

    Lench said a wider discussion of Gibson’s racism was not relevant to the trial, but she would allow questioning of whether he had a personal bias and animus toward Weinstein.

    Werksman argued that Gibson had such a bias both because Weinstein is Jewish, and because Weinstein published a book that criticized the depiction of Jews in the Gibson-directed 2004 film, “The Passion of the Christ.”

    “Any evidence of Mr. Gibson’s racism or antisemitism would give rise to a bias against my client, who challenged him,” Werksman said.

    The lawyer briefly, and mistakenly, said he thought the movie won a best picture Academy Award, but Weinstein, whose films once dominated the Oscars, shook his head as he sat at the defense table.

    “Sorry, my client would know better than I would,” Werksman said. “But it was an award-winning movie.”

    The defense also argued that Gibson was trying to whitewash his image by focusing on Weinstein’s wrongdoing and asserting himself as a champion of the #MeToo movement.

    The prosecution argued that Gibson had made no such suggestions about himself, and that at the time of the conversation with his masseuse he said he was discussing getting into a business deal with Weinstein, showing there was no such bias.

    Deputy District Attorney Marlene Martinez called Gibson’s past comments “despicable,” but said they had no relevance for the narrow purposes he would be called to the stand for.

    Gibson’s testimony raises the prospect of two of Hollywood’s once most powerful men, who have undergone public downfalls, facing each other in court.

    An email seeking comment from a representative for Gibson was not immediately returned.

    In one of several similar rulings Friday, Lench also found that “Melrose Place” actor Daphne Zuniga could testify in a similar capacity for a woman known at the trial as Jane Doe #4, whom Weinstein is accused of raping in 2004 or 2005.

    The Associated Press does not typically name people who say they have been sexually abused.

    Weinstein is already serving a 23-year sentence for a 2020 conviction for rape and sexual assault in New York. The state’s highest court has agreed to hear his appeal in that case.

    He was subsequently brought to Los Angeles for a trial that began Monday, five years after women’s stories about him gave massive momentum to the #MeToo movement.

    Friday’s arguments came a day after the premiere of the film “She Said,” which tells the story of the work of the two New York Times reporters whose stories brought Weinstein down.

    Weinstein’s attorneys previously sought to have the Los Angeles trial delayed because publicity from the film might taint the jury pool, but the judge denied their motion.

    The trial is expected to last eight weeks. The judge and attorneys will return to the jury selection process on Monday morning, and opening statements are expected to begin on Oct. 24.

    ———

    Follow AP Entertainment Writer Andrew Dalton on Twitter: twitter.com/andyjamesdalton

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  • NFL says Deshaun Watson status unchanged despite new lawsuit

    NFL says Deshaun Watson status unchanged despite new lawsuit

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    BEREA, Ohio — Suspended Cleveland Browns quarterback Deshaun Watson’s status with the NFL has not been affected by a new civil lawsuit filed by another woman accusing him of sexual misconduct two years ago, the league said Friday.

    Watson is serving an 11-game suspension for alleged sexual misconduct while he played for the Houston Texans. Two dozen women previously alleged he was sexually inappropriate during massage therapy sessions.

    On Thursday, another woman filed a lawsuit in Texas that alleges Watson pressured her into performing a sex act after a massage in 2020. Watson has settled 23 of 24 previous lawsuits filed against him.

    NFL spokesman Brian McCarthy said the latest lawsuit does not impact Watson’s standing. The three-time Pro Bowler returned to the Browns’ training facility this week for the first time since his suspension began on Aug. 30.

    “We will monitor developments in the newly-filed litigation; and any conduct that warrants further investigation or possible additional sanctions would be addressed within the Personal Conduct Policy,” McCarthy said in an email.

    Watson is only permitted to attend meetings with the Browns and work out as he moves toward a possible return. He is not allowed to practice until Nov. 14, and as long as he fulfills conditions of his settlement with the league, he can return fully on Nov. 28 and would be eligible to play on Dec. 4 when the Browns visit the Texans.

    Watson agreed to the 11-game ban, a $5 million fine and to undergo treatment and counseling by an independent group.

    The Browns traded for Watson in March and signed him to a five-year, $240 million contract.

    ———

    More AP NFL coverage: https://apnews.com/hub/NFL and https://twitter.com/AP—NFL

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  • Gooding Jr. avoids jail in touching case, angering accusers

    Gooding Jr. avoids jail in touching case, angering accusers

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    NEW YORK — As Cuba Gooding Jr.’s forcible touching case faded to black Thursday with no jail time for the movie star, some of the dozens of women who have accused him of groping, unwanted kissing and other inappropriate behavior criticized the outcome as a slap on the wrist — and a slap in the face.

    The Oscar-winning actor turned #MeToo defendant avoided prison time by complying with the terms of a conditional plea agreement that saw him plead guilty to charges involving just one of what prosecutors have said were allegations from at least 30 women, many at New York City nightspots.

    Assistant Manhattan District Attorney Coleen Balbert told a judge Thursday that since the deal was reached in April, Gooding has stayed out of trouble and completed six months of alcohol and behavioral counseling. That enabled him to withdraw his misdemeanor guilty plea — for forcibly kissing a waitress at a Manhattan nightclub in 2018 — and instead plead guilty to a non-criminal harassment violation.

    That means no additional penalties and no criminal record for Gooding, the star of films such as “Jerry Maguire,” “Boyz N the Hood” and “Radio.”

    “This plea deal feels like a misstep,” said Kelsey Harbert, a neuroscience student whose allegation that Gooding groped her at a nightclub led to his 2019 arrest but wasn’t part of his guilty plea.

    “After three long years of trying to hold Mr. Gooding accountable for touching my breast without my consent, having my day in court taken away from me is more disappointing than words can say,” said Harbert, who was tearful at times as she spoke in court.

    Harbert’s lawyer, Gloria Allred, called the plea deal “an insult” to Gooding’s accusers and a “prosecutorial gift to a celebrity who is undeserving of such an outcome.”

    Balbert told Judge Curtis Farber that she has received “positive reports for the last six months” from Gooding’s therapist. Gooding started counseling in September 2019 and will continue with treatment beyond the time required by his plea agreement, Balbert said.

    If Gooding had failed to comply with the terms of the deal, he would have faced up to one year in jail.

    Arrested in 2019, Gooding was among a profusion of Hollywood heavyweights accused of wrongdoing in the #MeToo movement, which exploded five years ago this month.

    As Gooding was in court Thursday wrapping up his case, another Oscar-winning actor, Kevin Spacey, was on trial down the block in a civil lawsuit alleging that he sexually assaulted actor Anthony Rapp.

    Meanwhile, in Los Angeles, former studio boss Harvey Weinstein and “That 70’s Show” star Danny Masterson are in the midst of separate rape trials. Weinstein was convicted of similar charges in New York in 2020 and is serving a 23-year prison sentence.

    Gooding was arrested in June 2019 after Harbert told police he fondled her without her consent at Magic Hour Rooftop Bar & Lounge near Times Square.

    A few months later, prosecutors charged Gooding with pinching a server’s buttocks after making a sexually suggestive remark to her at TAO Downtown and the allegation to which he pleaded guilty — forcibly kissing a waitress at LAVO New York in midtown Manhattan, both in 2018.

    The LAVO waitress said in a victim impact statement that Gooding was facing “minimal repercussions” while his victims continued to deal with the emotional trauma of his actions.

    The TAO Downtown server asked, to no avail, that he be required to complete another six months of therapy to ensure that he changes his behavior and to send a “special message” to men that sexual assault and misconduct won’t be tolerated.

    Asked about the criticism, the Manhattan district attorney’s office referred to Balbert’s remarks in court in April in which she said prosecutors believed the plea deal to be a “fair and equitable disposition” that spared accusers from having to testify at trial and being subject to cross examination.

    Gooding said little in court Thursday, did not apologize to his accusers — as he did in April — and did not answer shouted questions from reporters as he hustled out of the courtroom.

    Asked to explain what he did, Gooding told Farber: “I kissed a waitress, your honor.”

    The waitress, in her victim impact statement, said Gooding forced his tongue into her mouth unexpectedly while she was serving drinks. In the statement, read into the record by Balbert, the waitress said she was aware of incidents involving Gooding and three other women at the club.

    Gooding had previously pleaded not guilty to six misdemeanor counts and denied all allegations of wrongdoing. His lawyers argued that overzealous prosecutors, caught up in the fervor of #MeToo, were trying to turn “commonplace gestures” or misunderstandings into crimes.

    Along with the criminal case, Gooding is a defendant in civil lawsuits, including one alleging he raped a woman in New York City in 2013. After a judge issued a default judgment in July because Gooding hadn’t responded to the lawsuit, the actor retained a lawyer and is fighting the allegations.

    The Associated Press does not typically identify people who say they are victims of sexual assault unless they grant permission, as Harbert has done.

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  • Weinstein lawyer decries ‘almost medieval’ cell conditions

    Weinstein lawyer decries ‘almost medieval’ cell conditions

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    LOS ANGELES — Harvey Weinstein’s attorney told the judge at his sexual assault trial Tuesday that conditions in the holding cell where he’s being kept after court are “unhygienic” and “almost medieval.”

    Attorney Mark Werksman asked Los Angeles Superior Court Judge Lisa B. Lench for help with the issue at the beginning of the second day of jury selection in the former movie mogul’s trial on 11 counts of rape and sexual assault.

    He said Weinstein is being left alone in his wheelchair for three or four hours in an “unsanitary, fetid” holding cell at the courthouse before he is taken back to jail.

    “It’s almost medieval, the conditions,” Werksman said. “He’s 70 years old. I’m worried about him surviving this ordeal without a heart attack or stroke.”

    Weinstein, and the panel of 71 jurors who were brought in to fill out an initial questionnaire on Tuesday, were not yet present during Werksman’s remarks.

    Lench replied that she would talk to deputies from the Los Angeles County Sheriff’s Department, which runs the jails and transports inmates to court, but that her power was limited over the matter.

    “I’m not minimizing it, I’m just not sure there’s a lot to be done,” she said.

    Weinstein, who is allowed to change into a suit from his jail attire for trial, was wheeled into the courtroom soon after, and slowly and carefully climbed into a seat at the defense table.

    Werksman then raised the issue again, suggesting Weinstein didn’t have a toilet to use in the cell.

    Lench replied, “He’s not deprived of a toilet, there is a toilet in the cell. I’m not going to let the record reflect that he’s deprived of a toilet.”

    Werksman said he didn’t mean to suggest there was no toilet at all, but said “It is unhygienic, it is virtually unusable, it is medieval.”

    An email seeking comment from the Sheriff’s Department was not immediately returned.

    Weinstein’s attorneys have brought up his failing health repeatedly both during his New York trial, where he was sentenced to 23 years in prison for convictions of rape and sexual assault, and in his pre-trial hearings in Los Angeles.

    He was hospitalized with chest pains and had a heart procedure immediately after he was found guilty in New York in February of 2020, and was diagnosed with COVID-19 in prison in the first weeks of the pandemic.

    His lawyers have said he has diabetes and is “technically blind.” They have asked the judge for permission to see an outside dentist because the one he sees in jail keeps pulling out his teeth.

    In court, he appears pale and frail, looking nothing like the bearish man who once lorded over the Oscars every year.

    Weinstein’s trial, which comes five years after women’s stories about him gave momentum to the #MeToo movement, is expected to last eight weeks. With the slow process of screening and selecting jurors from a pool or more than 200, opening statements aren’t expected until Oct. 24.

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    Follow AP Entertainment Writer Andrew Dalton on Twitter: twitter.com/andyjamesdalton

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  • California governor’s wife among accusers at Weinstein trial

    California governor’s wife among accusers at Weinstein trial

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    LOS ANGELES — Jennifer Siebel Newsom, a documentary filmmaker and actor who is married to California Gov. Gavin Newsom, is among the accusers of Harvey Weinstein who will testify at his rape and sexual assault trial that began Monday, her attorney said.

    “Like many other women, my client was sexually assaulted by Harvey Weinstein at a purported business meeting that turned out to be a trap,” Newsom’s attorney Elizabeth Fegan said in a statement. “She intends to testify at his trial in order to seek some measure of justice for survivors, and as part of her life’s work to improve the lives of women.”

    Weinstein, the 70-year-old former movie mogul who is serving a 23-year prison sentence after a conviction in New York, has pleaded not guilty to 11 counts of rape and sexual assault involving Newsom and four other women. All of them will testify as Jane Doe during the eight-week trial in a Los Angeles court, where jury selection began Monday.

    The Associated Press does not normally name people who say they’ve been sexually abused, but Newsom agreed to be named through her attorney.

    The news of her involvement was first reported by The Los Angeles Times.

    Newsom, 48, appeared in small roles in dozens of films and television shows between 2002 and 2011. Recently she has directed documentaries including “The Great American Lie” in 2020 and “Fair Play” from this year. Both deal with gender in society.

    She wrote about her experience with Weinstein in a 2017 essay in the Huffington Post after the New York Times and New Yorker stories made him a magnet of the #MeToo movement, but gave few details.

    Weinstein, who is being held in a Los Angeles County jail, was brought Monday into court in a wheelchair through a side door, and climbed from it carefully into a seat next to one of his lawyers at the defense table. He was wearing a blue suit, which he is allowed to change into from his jail attire during the trial.

    He stood with the rest of the room as the first panel of 67 prospective jurors were brought in, but sat down about halfway through the process. He waved at them from his seat when his lawyers introduced them.

    The jurors were given a lengthy questionnaire intended to screen out those who need to be dismissed. Both the questions and answers on the forms are private, but previous hearings on its contents revealed that it contains questions on how much media coverage of Weinstein they have seen, and whether they have formed opinions from it, though the judge rejected questions on specific stories and media outlets.

    The prosecution will be allowed to introduce as evidence parts of Weinstein’s conviction for rape and sexual assault, where the state’s highest court has agreed to hear his appeal.

    The questionnaire also includes a question about a California law that says the testimony alone of a sexual assault victim can be sufficient evidence to convict if a juror believes them.

    The jurors were also given a long list of names of witnesses in the coming trial, including those of the accusers to determine whether they have any connection to them. The initial witness list in the case had more than 270 names, though fewer than half that are expected. Most of the prospective witness list has not been made public.

    One witness, Barbara Schneeweiss, a producer on “Project Runway” and other television shows, was present in court early Monday and was told by a judge she was on call to come in at any time.

    Two more panels of up to 75 jurors will be brought in Tuesday and Wednesday. Questioning of individual jurors is not expected to begin until next week, and opening statements may not begin for two weeks.

    The trial comes five years after women’s stories about Weinstein made the #MeToo movement explode.

    Weinstein is charged with four counts of rape and seven other sexual assault counts.

    Most of the incidents in his indictment, like Newsom’s, happened under the guise of business meetings at luxury hotels in Beverly Hills and Los Angeles, which Weinstein used as his California headquarters and where he could be seen during awards season and throughout the year. Four of them occurred during Oscars week 2013, when Weinstein releases “Silver Linings Playbook” and “Django Unchained” would win Academy Awards.

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    Follow AP Entertainment Writer Andrew Dalton on Twitter: twitter.com/andyjamesdalton

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  • Harvey Weinstein goes on trial in LA, where he once reigned

    Harvey Weinstein goes on trial in LA, where he once reigned

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    LOS ANGELES — Five years after women’s stories about him made the #MeToo movement explode, Harvey Weinstein is going on trial in the city where he once was a colossus at the Oscars.

    Already serving a 23-year sentence for rape and sexual assault in New York, the 70-year-old former movie mogul faces different allegations including several that prosecutors say occurred during a pivotal Oscar week in Los Angeles. Jury selection for an eight-week trial begins Monday.

    Weinstein has been indicted on four counts of rape and seven other sexual assault counts involving five women, who will appear in court as Jane Does to tell their stories. He has pleaded not guilty.

    Four more women will be allowed to take the stand to give accounts of Weinstein sexual assaults that did not lead to charges, but which prosecutors hope will show jurors he had a propensity for committing such acts.

    Starting in the 1990s, Weinstein, through the company Miramax that he ran with his brother, was an innovator in running broad and aggressive campaigns promoting Academy Award nominees. He had unmatched success, pushing films like “Shakespeare in Love” and “The Artist” to best picture wins and becoming among the most thanked men ever during Oscar acceptance speeches.

    Miramax and its successor The Weinstein Co. were based in New York, where Weinstein lived and did business, but that didn’t diminish his presence in Hollywood.

    “He was a creature of New York, but he was also a creature of Los Angeles,” said Kim Masters, editor at large for The Hollywood Reporter and a longtime observer of the movie industry. “He had this huge Golden Globes party that was always well beyond capacity when he was in his heyday. He was the King of Hollywood in New York and LA.”

    It was during Oscars week in 2013, when Jennifer Lawrence would win an Academy Award for the Weinstein Co.’s “Silver Linings Playbook” and Quentin Tarantino would win for writing the company’s “Django Unchained,” that four of the 11 alleged crimes took place.

    Like most of the incidents in the indictments, they happened under the guise of business meetings at luxury hotels in Beverly Hills and Los Angeles, which Weinstein used as his California headquarters and where he could be seen during awards season and throughout the year. He was treated as more than a VIP. At a pre-trial hearing, the chauffeur who drove Weinstein around Los Angeles testified that even he was allowed to take as much as $1,000 in cash in Weinstein’s name from the front desk of the hotel where the mogul was staying.

    By the time stories about him in The New York Times and The New Yorker in October of 2017 brought about his downfall, Weinstein’s power to seemingly will films to win awards had diminished, and his company had fallen into financial trouble.

    “His stature changed, he was no longer the king of Oscar, which was really what made him vulnerable,” Masters said.

    The Los Angeles trial is likely to be far less of a spectacle than the New York proceedings, and not merely because it’s a sequel and Weinstein is already serving a long sentence.

    Foot traffic is sparse and there is no grand entrance at the downtown LA courthouse that’s hosting the trial. Weinstein will not be visible to any media horde or protesters outside as he was in Manhattan, as he’ll be ushered into the courtroom straight from jail — once he’s changed form his prison garb into a suit — across a short hallway where no cameras are allowed that could capture him.

    Only a dozen reporters, including two sketch artists, will be allowed into the small courtroom each day, compared to several dozen in New York.

    Weinstein will also be represented by different lawyers in Los Angeles, Alan Jackson and Mark Werksman. They have expressed worries that the movies may play a role in trial.

    The film “She Said,” which fictionalizes the work of two New York Times reporters and their bombshell stories on Weinstein, is set to be released midway through the trial on Nov. 18.

    Weinstein’s lawyers lost a bid to have the proceedings delayed over the film, with the judge rejecting their argument that publicity surrounding it would prejudice a potential jury against him.

    “This case is unique,” Werksman said at a pretrial hearing. “Mr. Weinstein’s notoriety and his place in our culture at the center of the firestorm which is the #MeToo movement is real, and we’re trying to do everything we can to avoid having a trial when there will be a swirl of adverse publicity toward him,” Werksman said at a pretrial hearing.

    Weinstein’s trial is one of several with #MeToo connections that have begun or are about to begin as the fifth anniversary of the movement’s biggest moment passes, including the rape trial of “That ‘70s Show” actor Danny Masterson just down the hall from Weinstein’s and the New York sexual assault civil trial of Kevin Spacey.

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    Follow AP Entertainment Writer Andrew Dalton on Twitter: twitter.com/andyjamesdalton

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