Guest column: Mark Geragos, a top Hollywood attorney whose client list has included Michael Jackson and Chris Brown, games out the Harvey Weinstein courtroom battle and explains what both sides will try to do to persuade the jury
will be won or lost in jury selection. The defense recognized this early on, which is why they unsuccessfully sought a change of venue outside Manhattan. That failed, but the case may not be the slam-dunk conviction that some might predict. Most jurors who stridently assume guilt will not be shy in expressing those opinions. As such, they will self-select out of the jury in what are called for-cause challenges. Those jurors who are left will, if they’re honest, probably presume guilt.
Weinstein’s case revolves around a rape accusation dating back to 2013 and a sexual assault of a different woman in 2006. Donna Rotunno, who will lead the defense, has already taken the position that the witnesses will be aggressively challenged without regard for cultural correctness. The position she staked out on ABC’s Nightline, "If you don’t want to be a victim, don’t go to the hotel room," may shrewdly resonate with certain jurors.
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