DECIDED TO TAKE ON WEINSTEIN’S DEFENSE.
DEFENSE. >> LET’S START ACTUALLY TALKING
ABOUT THE JURY SELECTION
PROCESS.
PROCESS. WHAT DO YOU EXPECT AND HOPE FROM
THIS PROCESS?
THIS PROCESS? >> WELL, WHAT I HOPE FOR MOST,
OBVIOUSLY, ARE FAIR JURORS.
I’M LOOKING FOR PEOPLE WHO ARE
WILLING TO SAY, YOU KNOW, YES,
I’VE SEEN MEDIA COVERAGE ON THIS
BECAUSE I DON’T THINK IT’S
REALISTIC TO THINK WE’LL FIND
ANYONE WHO HASN’T.
SO LOOKING FOR PEOPLE WHO SAY, I
CAN BE FAIR.
>> HOW DO YOU ESTABLISH THAT?
>> I THINK A LOT OF IT IS A GUT
FEELING I HAVE.
YOU START TO TALK TO PEOPLE, YOU
PICK UP ON CERTAIN THINGS THAT
THEY SAY AND ANSWERS THAT THEY
GIVE TO QUESTIONS AND I THINK
OVERALL, WHAT I HAVE FOUND IN
MOST OF MY JURY SELECTION
PROCESSES IN THE PAST IS JURORS,
ONCE THEY ARE SWORN INTO A CASE,
REALLY DO WANT TO BE FAIR.
AND SO WE NEED TO DO IS WE NEED
TO MAKE SURE THAT WE FIND PEOPLE
WHO ARE AT LEAST WILLING TO BE
FAIR AND IN MANY WAYS I THINK
THE FACTS OF THIS CASE LEND TO
ME BEING ABLE TO CHANGE PEOPLE’S
MINDS EVEN IF THEY COME IN WITH
A LITTLE BIT OF A PRECONCEIVED
NOTION ON WHAT THEY THINK REALLY
HAPPENED HERE.
HAPPENED HERE. >> DO YOU THINK IT’S POSSIBLE
THAT YOU MAY HAVE JURORS SITTING
THERE WHO HAVE A PRECONCEIVED
NOTION AS TO INNOCENCE OR GUILT?
>> SURE.
>> SURE. I THINK IT’S DIFFICULT NOT TO.
ESPECIALLY WHEN SOMETHING HAS
HAD THE MEDIA COVERAGE THAT THIS
CASE HAS HAD AND THE WIDESPREAD
COVERAGE IT’S HAD NATIONALLY AND
IN THE WORLD.
I THINK IT’S UNREALISTIC FOR ME
TO THINK PEOPLE DON’T AT LEAST
HAVE SOME THOUGHT ON IT.
BUT, AGAIN, I THINK ONCE
PEOPLE -- IT’S DIFFERENT WHEN
YOU READ A HEADLINE AND COME IN
WITH AN IDEA THAN WHEN YOU’RE
ACTUALLY SITTING IN A CRIMINAL
COURTROOM AND LISTENING TO
ACTUAL REAL EVIDENCE, LISTENING
TO WITNESSES TESTIFY, LISTEN TO
THEM BEING CROSS EXAMINED SO I
THINK EVEN INITIALLY IF THERE’S
PEOPLE WHO HAVE PRECONCEIVED
IDEAS, HOPEFULLY IF WE CAN AT
LEAST FIND ONES THAT ARE WILLING
TO BE FAIR EVEN IN SPITE OF
THOSE PRECONCEIVED NOTIONS THAT
WE SHOULD BE ABLE TO CONVENTION
THEM.
THEM. >> THERE ARE A LOT OF PEOPLE,
INCLUDING ACCUSERS, WHO SEE THIS
TRIAL AS BEING REPRESENTATIVE OF
SOMETHING MUCH LARGER THAN JUST
A TRIAL.
A TRIAL. HOW DOES THAT AFFECT THE JOB
THAT YOU HAVE TO DO?
>> IT CAN’T AFFECT THE JOB THAT
I HAVE TO DO.
I THINK I NEED TO DROWN OUT THE
NOISE.
NOISE. I THINK THAT’S THE MOST
IMPORTANT WAY THAT I CAN GO
FORWARD WHEN HANDLING THIS CASE.
IF I ALLOW THAT TO SORT OF
PERMEATE MY ABILITIES OR THE
GOALS THAT WE HAVE IN MIND HERE,
I THINK THAT’S WHEN WE GET IN
TROUBLE.
TROUBLE. I UNDERSTAND IT’S OUT THERE,
CLEARLY.
CLEARLY. I’M VERY WELL AWARE OF THE SORT
OF SOCIAL RAMIFICATIONS THAT
THIS TYPE OF A CASE PLAYS.
BUT FOR OUR PURPOSES, WHAT --
WHAT HAPPENS INSIDE THE FOUR
WALLS OF THAT COURTROOM IS
REALLY THE KEY.
THE KEY FACTOR FOR US.
>> DO YOU THINK THEY HAVE A
STRONG DEFENSE?
STRONG DEFENSE? >> I DO.
>> I DO. I THINK WE HAVE A VERY STRONG
DERST.
DERST. DEFENSE.
DEFENSE. I THINK PEOPLE WILL BE SURPRISED
ONCE THEY HEAR THE EVIDENCE COME
OUT.
OUT. >> WHY?
>> WHY? HOW CAN YOU BE SO CONFIDENT
ABOUT IT TODAY?
>> FIRST OF ALL, I THINK YOU
HAVE TO BE CONFIDENT.
TOM BRADY DOESN’T GO TO THE
SUPER BOWL AND SAY, I DIDN’T
COME HERE TO WIN.
YOU GO INTO THESE CIRCUMSTANCES
TO WIN.
TO WIN. SO I THINK FOR ME, YOU HAVE TO
GO IN BELIEVING THAT YOU CAN WIN
BECAUSE WHY DO THAT IF YOU
DON’T?
DON’T? BUT IN TERMS OF THE FACTS AND
THE EVIDENCE AND THE WITNESSES
AND STORIES THAT THEY’VE TOLD IN
THE PAST AND THE WAY I THINK
THEY’RE GOING TO COME ACROSS ON
THE WITNESS STAND, I THINK WE’RE
IN A GOOD POSITION.
>> YOU SAID RECENTLY THAT YOU DO
NOT THINK HARVEY WEINSTEIN IS
GUILTY OF RAPE.
THERE HAVE BEEN DOZENS OF
ACCUSERS.
ACCUSERS. HOW CAN YOU BE SO CERTAIN THAT
HE ISN’T GUILTY OF RAPE?
>> I THINK MY CERTAINTY COMES
FROM THE EVIDENCE THAT I LOOK AT
AND THE COMMUNICATIONS THAT I
SEE THAT HARVEY HAS HAD WITH
WOMEN AND, YOU KNOW, SO FOR MY
PURPOSES I LOOK AT THE LAW.
I LOOK AT THE FACTS AND MAKE A
DETERMINATION BASED ON THOSE
THINGS.
THINGS. >> THERE ARE A LOT OF PEOPLE WHO
MAY LOOK AT THE DEFENSE AS BEING
SOMEHOW AN ACCUSATION THAT ALL
OF THE ACCUSERS ARE LIES.
THAT ALL OF THESE STORIES ARE
SOMEHOW FABRICATED UNFAIRLY
AGAINST HARVEY WEINSTEIN.
IS HE GUILTY OF SOME OF THE
SEXUAL MISCONDUCT HE’S BEEN
ACCUSED OF?
ACCUSED OF? >> YOU KNOW, AGAIN, I’M HIS
CRIMINAL LAWYER AND FOCUSING ON
THE CRIMINAL CHARGES, BUT I’M
HAPPY TO SAY THAT I DON’T THINK
ANYONE IS TRYING TO COME OUT
INTO THE WORLD, COME OUT IN
FRONT OF PRESS, COME OUT IN
FRONT OF A JURY, AND SAY THAT
HARVEY WEINSTEIN DIDN’T MAKE
MISTAKES OR THAT HARVEY
WEINSTEIN MADE BAD CHOICES.
AND SEXUAL MISCONDUCT IS
DIFFERENT THAN SEXUAL ASSAULT.
SO WHEN WE HEAR, YOU KNOW, 80
WOMEN HAVE ACCUSED HARVEY OF
SEXUAL ASSAULT, THAT’S JUST NOT
TRUE.
TRUE. 80 WOMEN HAVE ACCUSED HARVEY OF
A VARIETY OF THINGS, SOME BEING
SEXUAL IN NATURE.
SOME NOT BEING.
SOME BEING I DIDN’T GET TREATED
NICELY AT WORK.
SOME, YOU KNOW, HE ASKED ME FOR
A MASSAGE.
A MASSAGE. THERE’S A WHOLE PLETHORA OF
DIFFERENT ALLEGATIONS THAT HAVE
BEEN MADE.
BEEN MADE. AND SO IT’S -- WE HAVE TO MAKE
SURE THAT PEOPLE UNDERSTAND THAT
ALL, YOU KNOW, FROM TREATING
SOMEONE POORLY AT WORK, TO
ASKING SOMEONE FOR A MASSAGE, TO
RAPE, THERE’S A BIG JUMP THERE.
AND SO I ACTUALLY THINK THAT
SOME OF THIS PRESS, ONCE JURORS
SIT IN A COURTROOM AND ACTUALLY
LISTEN TO THE FACT THAT, OH,
THERE ARE REALLY ONLY TWO
CHARGED WOMEN HERE, I NEED TO
LOOK AT THIS A LITTLE MORE
SKEPTICALLY THAN I ORIGINALLY
THOUGHT THAT I MAY HAVE TO.
SO IN SOME WAYS I THINK THAT
THAT MAY HELP US.
>> WHAT DO YOU THINK IS THE MOST
IMPORTANT MESSAGE YOU WANT TO
GET ACROSS AS A DEFENSE
ATTORNEY?
ATTORNEY? >> I THINK FOR ME THE MOST
IMPORTANT MESSAGE I CAN GET
ACROSS IS THE FACT THAT HARVEY
HAS A RIGHT TO A FAIR TRIAL.
AND NO MATTER WHAT YOU THINK
ABOUT THE ALLEGATIONS THAT HAVE
BEEN LEVIED AGAINST HIM, YOU
HAVE TO REMEMBER THAT THE SYSTEM
OF JUSTICE IS BIGGER THAN HARVEY
WEINSTEIN AND IF WE BELIEVE THAT
HARVEY, HIMSELF, DOESN’T HAVE A
RIGHT TO A FAIR TRIAL, THEN