Harvey Weinstein desires to be sent to penal complex for no bigger than five years, protection attorneys acknowledged in a letter to the take earlier than sentencing scheduled for Wednesday.
The disgraced worn Hollywood producer became convicted of two felony counts — felony sexual assault and third-degree rape — for attacking worn production assistant Mimi Haley in 2006 third-degree rape of aspiring actress Jessica Mann in 2013. He became acquitted of three further counts — two counts of predatory sexual assault and one depend of first-degree rape.
The protection acknowledged Weinstein’s age, smartly being and existence of charity are among the elements that argue for a lesser sentence. Weinstein, 67, who became convicted on Feb. 24, became moved from Bellevue Neatly being facility Middle in Fresh York to Rikers Island correctional facility final week after present process a process to insert a stent in his coronary heart. He had been utilizing a walker all over the trial and became being held in a penal complex ward at Bellevue after complaining of chest concern.
“As a person with no felony history having spent no time beforehand incarcerated, his smartly being issues, his age, and as valuable as he’s, a custodial sentence will itsy-bitsy doubt suppose considerable extra refined for Mr. Weinstein than most other inmates, which further counsels in desire of a sentence of five years’ imprisonment,“ protection attorneys Damon Cheronis, Donna Rotunno and Arthur Aidala wrote of their letter to Attain to a choice James Burke.
“With respect to deterrence, counsel will but again suppose that Mr. Weinstein is a first-time perpetrator,” the attorneys wrote.
The sexual assault mark carries a maximum of 25 years in penal complex. He could receive as a lot as four years in penal complex for the rape conviction.
Prosecutors have acknowledged Weinstein deserves a “lengthy” penal complex sentence. The Long island District Licensed expert’s Convey of enterprise did no longer recommend a particular sentence but acknowledged it is „entirely appropriate“ to camouflage via the court docket’s sentence „that sexual assault, even if perpetrated upon an acquaintance or in a expert surroundings, is a serious offense mighty of a lengthy penal complex sentence,“ essentially essentially based mostly on a letter to the the same take filed by prosecutors final Friday.
The DA’s submission shrimp print what the prosecutor’s office claims are several decades’ price of alleged misconduct by Weinstein beyond what became prosecuted in court docket.
The protection attorneys responded of their letter that these further accusations by prosecutors, „loads of that are most likely to be no longer even sexual in nature (e.g. „abusive habits in the build apart of enterprise“) and the enormous majority of which have nothing to originate with [Mimi] Haley or Jessica Mann — in no methodology represent relevant conduct.“
The prosecution submitting notes the complaining witnesses, Jessica Mann and Mimi Haley, will submit statements to the court docket.
ABC News doesn’t in most cases name victims of sexual assault, but each and every ladies have both publicly identified themselves or agreed to allow their names to be frail.
Following the verdict, Weinstein’s attorneys acknowledged in a assertion they’re going to most likely be submitting an appeal, claiming there had been „extraordinarily troubling complications“ with the trial.
While moving his Fresh York conviction, Weinstein can even be getting keen to defend himself in opposition to four felony sexual assault costs filed earlier this 365 days by the Los Angeles District Licensed expert’s office. In that case, Weinstein is charged with attacking two ladies in separate incidents over a two-day duration in Feb. 2013. He has no longer but entered a plea if that is the case. Weinstein claims any sexual encounters had been consensual.
In the occasion you or somebody you perceive skilled sexual assault and is looking out for sources, name the Nationwide Sexual Assault Hotline at 1-800-656-HOPE (4673).
ABC News‘ Josh Margolin and Chris Francescani contributed to this document.