Manhattan Judge Rules That Harvey Weinstein Case Will Proceed To March 7 Pre-Trial Hearing

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Disgraced Hollywood media mogul Harvey Weinstein, a key catalyst behind the widely-revived #MeToo movement, will be going to trial. On Thursday Judge James Burke rejected Weinstein’s legal request to dismiss the remaining five counts of sexual misconduct and rape charged by the Manhattan District Attorney’s office. The case is scheduled for a pre-trial hearing on March 7. The judge previously dismissed one of the initial sex counts involving allegations by Lucia Evans.

Vanity Fair writes that the courtroom was packed with reporters and supporters of the Time’s Up movement. Actors Marisa Tomei, Kathy Najimy, and Amber Tamblyn joined Time’s Up President and CEO Lisa Borders, who said that she was “relieved that Harvey Weinstein failed” in his efforts to have the charges dismissed.

The case remains complicated, especially after the dismissal of one count against Weinstein. With the case proceeding, Judge Burke’s rulings around evidence will heavily influence the case.

Attorney Alan Dershowitz, who was brought on by Weinstein’s lead attorney Ben Brafman as a consultant, says defense emails contradict claims that the sexual encounters were forced.

The Hollywood Reporter wrote this week that Brafman has already presented a series of emails to Weinstein from accuser Miriam "Mimi" Haleyi, who wrote endearments like "Miss you too," "Lots of Love" and "xxxxx" in the years after a 2006 encounter in New York in which she says she was sexually assaulted by the producer. In October 2017, Haleyi made one of the most salacious accusations against Weinstein when she said during a press conference, with attorney Gloria Allred at her side, that the Oscar winner pulled out her tampon and orally forced himself on her.

“You can’t both accuse someone publicly and then hide behind privacy to keep highly relevant evidence out,” says Dershowitz. “The evidence I’ve seen doesn’t embarrass anyone. It suggests a loving relationship that seems fairly commonplace. For people who say, ‘This is the way that people behave [after an assault] and you can’t make judgments on these things,’ well that’s for the public to judge and for courts to judge.”

Dershowitz adds, “I believe that if a grand jury and the public were to see these emails, they would come to a very different conclusion about what happened. The emails show consensual relationships between Weinstein and his accusers both before and after the alleged crimes allegedly occurred.”

It must also be noted that lawyer Brafman represented Dominique Strauss-Kahn, who won a high profile New York legal case involving a maid at his hotel.

"Credibility and reliability of the government's witnesses is obviously an essential consideration for any good prosecutor," says Greenberg Traurig's Mathew S. Rosengart, himself a former prosecutor. "This was particularly true in this matter because Brafman is masterful at picking apart witnesses and creating reasonable doubt based upon law enforcement or other errors. He did that in the Dominique Strauss-Kahn case against this very same DA's office."

November 1 Google Global Walkout Demands End To Sexual Harassment and Systemic Racism In 'Destructive' Corporate Culture

Google Walkout over MeToo.jpg

At 11:10 am, Thursday morning November 1, thousands of Google employes worldwide stood up and walked out of their offices as participants in the Google Walkout. The global demonstration was triggered over their employer’s mishandling of sexual-misconduct allegations that surrounded Android creator Andy Rubin.

The Rubin case is not new. On October 25, the New York Times publishing a damning exposé that revealed Google had paid a shocking $90 million to Android creator Andy Rubin, who resigned in 2014 following a sexual-misconduct investigation. Per the report, Rubin “coerced [a female co-worker] into performing oral sex in a hotel room” in 2013 — allegations she reported a year later, which Google investigated and found credible.

Beyond the $90 million payout, Google’s then chief executive Larry Page celebrated Rubin’s career, without making public the reason for his departure. Page demanded Rubin’s resignation, after details of the situation between two Google execs was revealed. Rubin’s case is one of three high-profile Google executives accused of sexual misconduct charges.

The bottom line of the Times article isn’t that Google took no action in dealing with the sexual misconduct claims. Rather, the inference is that Google prioritized its own interests in not having the employee be fired without a payout and join a competitive company.

Google’s Thursday strikers demanded that the company enact a handful of specific changes that address larger topics in the days of #MeToo. The umbrella of changes coalesce under the overarching demand for an “end to the sexual harassment, discrimination, and the systemic racism that fuel this destructive culture.”

“All employees and contract workers across the company deserve to be safe,” reads an open letter they published on the Cut. “Sadly, the executive team has demonstrated through their lack of meaningful action that our safety is not a priority. We’ve waited for leadership to fix these problems, but have come to this conclusion: no one is going to do it for us. So we are here, standing together, protecting and supporting each other.”

New York Magazine’s The Cut also shows pics of demonstrations from Mountain View to Dublin, Cambridge, New York City, Seattle, Tokyo, Zurich and more.

Related: We’re the Organizers of the Google Walkout. Here Are Our Demands New York Magazine

Boston Globe Denies Ever Accusing Karl Templer Of Sexual Coercion Of Models

Karl Templer in May 2010 debut issue of Industrie Magazine

Karl Templer in May 2010 debut issue of Industrie Magazine

In February 2018, the Boston Globe published a 5,100-word investigation into alleged mistreatment of, and sexual misconduct against fashion models. Stylist Karl Templer was mentioned in the Globe investigation when three models explained that as a stylist, Templer yanked at the underwear and shorts of one, touched another’s crotch and a third model’s breast.

The paper reported that models felt this behavior “crossed the line of professionalism”, seeming to question if this behavior was truly necessary to get the job done on an assignment. One of the models interviewed recalled the instance of her underwear and shorts being pulled off as “trying to get me naked,” although she’d told her agent she did not want to be nude below the waist.

“A stylist’s movement of clothes multiple times — over three decades and possibly tens of thousands of interactions — is not the same as sexual predation or sexual harassment or touching with the intent of self-gratification,” Templer said in an open letter to WWD published the next day.

He added that it was “impossible” for him to defend himself, as the prominent stylist been given no specific information to which he could respond.

On Oct. 2, the Boston Globe responded to Templer’s lawyer, asserting that it never reported that the stylist was accused by any model of “coercing or trying to coerce models to engage in sex or sexual activities” with him.

“The article did not assert or imply any such thing, nor did it report that Mr. Templer attempted to have or had sex with any models,” the letter reads, according to WWD. “Any claim that the Globe accused Mr. Templer of such conduct is entirely unfounded.”

The Globe held firm that its article will not be amended or retracted in any way.

The legal response letter referred to Templer alone and not to anyone else named in the story, like photographers Patrick Demarchelier, David Bellemere and Greg Kadel. These photographers all have denied the various allegations of sexual misconduct against them, ranging from lewd comments and quid pro quo harassment to forced kissing and sexual assault.

One of the industry chieftans who supported Templer’s argument that touching and groping — accidental or otherwise — is inevitable in working with a stylist is Karl Lagerfeld, who stated emphatically:

“A girl complained he tried to pull her pants down and he is instantly excommunicated from a profession that up until then had venerated him,” Lagerfeld said of Templer. “It’s unbelievable. If you don’t want your pants pulled about, don’t become a model! Join a nunnery, there’ll always be a place for you in the convent. They’re recruiting even!”

AOC has followed Karl Templer’s work as a stylist for over a decade. Several key photographers have continued to work with the stylist after the publication of the Boston Globe article. View Templer’s body of work on AOC.

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