Harvey Weinstein’s retrial was sent into disarray on Tuesday after his accuser gestured towards the disgraced mogul, leading to calls for a mistrial and triggering a medical emergency.
Jessica Mann, 38, had just left the witness stand after describing in detail how Weinstein, 73, allegedly grabbed, forcefully undressed and raped her.
As she passed the defense table she turned towards the seated Hollywood producer and aimed a finger at her eyes and then at him.
The gesture seemed to allude to Mann wanted Weinstein to look at her, and it prompted his lawyer Arthur Aidala to argue for a mistrial.
As his lawyer fought to have the new trial tossed, Weinstein started making gurgling noises and two court officers quickly flanked him. He took a sip of water which seemed to end the sudden episode.
Aidala cited Mann’s gesture and questioned her displays of emotion. Mann frequently had to wipe her eyes and took heavy breaths as she testified on Tuesday.
According to her, Weinstein screamed ‘You owe me one more time!’ during the alleged sexual assault.
The horrifying ordeal happened inside a Beverly Hills, California, hotel room at the beginning of 2014, she told the New York City courtroom.
Weinstein, who denies ever raping or sexually assaulting anyone, shook his head as he watched her testimony from the defense table.
Outside of the court room Mann did not respond to questions from reporters about what she was trying to convey with her gesture.
Weinstein is charged with raping her on another occasion in New York in 2013, as well as forcing oral sex on two other women in 2006. He has pleaded not guilty.
Aidala had also questioned why Mann was asked about a previous incident in LA that Weinstein isn’t actually charged with it, again using that to call for a mistrial
Judge Curtis Farber shot his calls down. He had already ruled that Mann and the other two could put the charges in the context of other interactions with Weinstein.
Speaking on the courtroom gesture, Farber said: ‘I can´t control what people do in the courtroom, nor what jurors may make of it.’
Mann met Weinstein socially in Los Angeles over a decade ago when she was trying to get acting work.
She has said that she had a consensual, on-and-off relationship with the then-married Weinstein, but that he was volatile and violated her if she refused him.
It comes after Weinstein claimed he is still managing to have an influence over the movie industry from behind bars.
In a new jailhouse interview published by conservative commentator Candace Owens, Weinstein claimed he was still being slipped movie scripts.
He said: ‘I have friends who are still in the industry who slip me their screenplays and ask me for notes.
‘You know, can I do something for it? Can I help? Can I improve it? And I just give them my honest thoughts.’
Weinstein is being tried again after New York´s highest court, the Court of Appeals, last year overturned his 2020 conviction and 23-year prison sentence.
A new trial was ordered after finding that improper rulings and prejudicial testimony tainted the original one.
As well as the New York case, he also has an appeal pending in California, where he received a 16-year-sentence for a separate rape conviction in Los Angeles in 2022.
Once a Hollywood heavy-hitter, Weinstein became a symbol of sexual misconduct after allegations against him in 2017 fueled the #MeToo movement.