Annabella Sciorra free to testify against Harvey Weinstein: judge

November 27, 2019


Harvey Weinstein accuser and actress Annabella Sciorra can testify against the disgraced media mogul at trial, a judge has ruled.

Manhattan Criminal Court Judge James Burke issued the order Wednesday, ahead of the fallen producer’s January trial on sex crimes charges.

The 59-year-old “Sopranos” actress claims Weinstein raped her sometime between 1993 and 1994, landing her allegations outside the statute of limitations for rape in New York state.

Lawyers for Weinstein, 67, asked Burke to bar Sciorra’s testimony, and throw out two counts of predatory sexual assault their client is facing for the alleged sex attack.

But Burke denied the request, rejecting the defense’s arguments that charging Weinstein with predatory sex assault — which is not subject to the same statute of limitations — instead of rape violates the Constitution.

By calling Sciorra — who will testify alongside two other accusers — prosecutors hope to paint Weinstein as a serial sexual predator.

The judge had previously ruled that Sciorra could testify, but was required to make the finding again after prosecutors slapped Weinstein with a new indictment earlier this year.

In addition to Sciorra, jurors are expected to hear testimony from production assistant Mimi Haleyi, who claims Weinstein forcibly performed oral sex on her in 2006, and an anonymous woman who claims she was raped by the producer in 2004.

In his Wednesday ruling, Burke also barred the defense team from asking their expert witness Deborah Davis questions about sexual assault.

Weinstein’s lawyers wanted the psychologist to discuss “voluntary unwanted sex,” a topic they described in court papers as “sex that is undesired, but that the person chooses to engage in.”

Those who engage in “voluntary unwanted sex” are more likely to have their memories twisted and lead to confusion over consent, the defense argued.

Burke ruled that while Davis could testify regarding “the general operation of human memory,” she could not discuss the interplay between memory, consent or sexual assault.

In addition to those decisions, Burke denied a defense request to throw out charges related to Haleyi’s claims.

The judge additionally blocked Weinstein’s lawyers’ requests for records relating to former NYPD lead investigator Nicholas DiGaudio — who was accused of leaking information to prosecutor Joan Illuzzi ahead of grand jury testimony — and accusers identified only as “Jane Does 1-4.”

“The defendant has failed to set forth a basis as to why such records are relevant to a motion to suppress, and, in any event, the People state they are not in possession of the NYPD personnel files,” Burke wrote.

Dozens of women have accused Weinstein of rape or sexual assault dating back decades. He has repeatedly claimed all encounters were consensual.

The trial is expected to kick off Jan. 6.

If convicted of the top count, Weinstein faces up to life behind bars.

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