A Contrarian Crows: Harvey Weinstein

 

I just want to point out that I defended the slime ball Harvey Weinstein back in 2017.

1: Water flows downhill. Every time. In any system where there are powerful men and supplicative women, water will flow downhill. No amount of moralizing or preaching changes that one whit. 

2: None of these women are “victims.” Not one. Any girl or woman who goes to Hollywood knows perfectly well what the cost of admission might be. Indeed, Hollywood is where women sell themselves anyway – so what is the real difference between seducing an audience and seducing a director? I am quite sure there are millions of young women who would cheerfully administer to a Harvey Weinstein if it meant she might get Her Big Break. This is a transaction, as old as the profession itself.

We can stop being surprised or outraged. Get off our high horses. This kind of behavior is baked into the cake: it cannot be “reformed” or eliminated. As long as there are powerful men, and attractive women who want things from them, water will flow downhill.

In the actual trial, I am starting to look… um… prophetic. Yes, he is a slime ball. But no, it is no surprise that Hollywood has a casting couch. Weinstein may not walk. But he is not going to be locked up forever more, either.

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  1. Manny Coolidge
    Manny
    @Manny

    Ed G. (View Comment):

    Manny (View Comment):

    Annabella Sciorra’s testimony. Does this sound like rape?

    Sciorra met Weinstein at an industry event in the early 1990s and then became part of Miramax’s circle, attending events and dinners around New York City, Assistant District Attorney Meghan Hast said in opening statements.In the winter of 1993-1994, after a dinner at an Irish restaurant in Manhattan, Weinstein offered Sciorra a ride to her Gramercy Park apartment, Sciorra testified. She put on a nightgown and was getting ready for bed in her apartment when he knocked on the door and, when she opened it, pushed his way inside, Sciorra said.Weinstein walked around her apartment, looking around to see if anyone else was there, Sciorra said. He began unbuttoning his shirt, she testified, and then grabbed her arm and dragged her into a bedroom.She said she kicked, punched and fought him until he held her arms above her head on the bed and raped her. Weinstein pulled out of her to ejaculate on her duvet and her nightgown, she testified.”I have perfect timing,” Weinstein said, according to Sciorra.

    Whatever the Hollywood relationship was, it does to me.

    That sounds like rape. Did it actually happen that way? I believe in rule of law and due process. How can we possibly prove that account? If we can’t prove it, then is it justice to recount it as if it were evidence relevant to another accusation? Throw in the other part of the CNN article where the defense claimed Sciorra made a statement to police that “I didn’t report it because I didn’t think it was rape.”

    She testified under oath.  Weinstein did not.  I’m no lawyer, but it sounds like due process to me.

     

    • #31
  2. Ed G. Member
    Ed G.
    @EdG

    Manny (View Comment):

    Did she report it immediately or shortly afterward? If not then why not? If so then that sounds open and shut to me and somebody else needs to answer also.

    You can question why women don’t report rapes and abuse right away all you want. But it happens and it happens regularly.

    Agreed. That is a real phenomenon, and I understand it somewhat. It’s traumatic. Freezing during  the crime is also something  that happens. It’s all so terrible and I feel bad for victims of these crimes. I don’t blame them for these things.

    However. Knowing that real victims don’t report and knowing that real victims sometimes freeze during the crime doesn’t help us in situations like this. Do we have evidence to support the account in question? What does the accused have to say? How are we to navigate a situation like this where we don’t have sufficient evidence to make a solid determination on anything other than emotion and sympathy? What weight should we give to accounts like this in other legal proceedings? How can a defendant ever defend himself against an account like this? 

    • #32
  3. Ed G. Member
    Ed G.
    @EdG

    Manny (View Comment):

    Ed G. (View Comment):

    Manny (View Comment):

    Annabella Sciorra’s testimony. Does this sound like rape?

    Sciorra met Weinstein at an industry event in the early 1990s and then became part of Miramax’s circle, attending events and dinners around New York City, Assistant District Attorney Meghan Hast said in opening statements.In the winter of 1993-1994, after a dinner at an Irish restaurant in Manhattan, Weinstein offered Sciorra a ride to her Gramercy Park apartment, Sciorra testified. She put on a nightgown and was getting ready for bed in her apartment when he knocked on the door and, when she opened it, pushed his way inside, Sciorra said.Weinstein walked around her apartment, looking around to see if anyone else was there, Sciorra said. He began unbuttoning his shirt, she testified, and then grabbed her arm and dragged her into a bedroom.She said she kicked, punched and fought him until he held her arms above her head on the bed and raped her. Weinstein pulled out of her to ejaculate on her duvet and her nightgown, she testified.”I have perfect timing,” Weinstein said, according to Sciorra.

    Whatever the Hollywood relationship was, it does to me.

    That sounds like rape. Did it actually happen that way? I believe in rule of law and due process. How can we possibly prove that account? If we can’t prove it, then is it justice to recount it as if it were evidence relevant to another accusation? Throw in the other part of the CNN article where the defense claimed Sciorra made a statement to police that “I didn’t report it because I didn’t think it was rape.”

    She testified under oath. Weinstein did not. I’m no lawyer, but it sounds like due process to me.

     

    So if Weinstein gets up and testifies that he didn’t rape her….. then what? Case closed? I’m not following you’re line of thinking. Is She-said sufficient evidence for you? It isn’t for me. Especially after so long. The very nature of treating that as evidence is dangerous to due process.

    People lie. People misremember. People justify and rationalize. 

    • #33
  4. Manny Coolidge
    Manny
    @Manny

    Ed G. (View Comment):

    Manny (View Comment):

    Ed G. (View Comment):

    Manny (View Comment):

    Annabella Sciorra’s testimony. Does this sound like rape?

    Sciorra met Weinstein at an industry event in the early 1990s and then became part of Miramax’s circle, attending events and dinners around New York City, Assistant District Attorney Meghan Hast said in opening statements.In the winter of 1993-1994, after a dinner at an Irish restaurant in Manhattan, Weinstein offered Sciorra a ride to her Gramercy Park apartment, Sciorra testified. She put on a nightgown and was getting ready for bed in her apartment when he knocked on the door and, when she opened it, pushed his way inside, Sciorra said.Weinstein walked around her apartment, looking around to see if anyone else was there, Sciorra said. He began unbuttoning his shirt, she testified, and then grabbed her arm and dragged her into a bedroom.She said she kicked, punched and fought him until he held her arms above her head on the bed and raped her. Weinstein pulled out of her to ejaculate on her duvet and her nightgown, she testified.”I have perfect timing,” Weinstein said, according to Sciorra.

    Whatever the Hollywood relationship was, it does to me.

    That sounds like rape. Did it actually happen that way? I believe in rule of law and due process. How can we possibly prove that account? If we can’t prove it, then is it justice to recount it as if it were evidence relevant to another accusation? Throw in the other part of the CNN article where the defense claimed Sciorra made a statement to police that “I didn’t report it because I didn’t think it was rape.”

    She testified under oath. Weinstein did not. I’m no lawyer, but it sounds like due process to me.

     

    So if Weinstein gets up and testifies that he didn’t rape her….. then what? Case closed? I’m not following you’re line of thinking. Is She-said sufficient evidence for you? It isn’t for me. Especially after so long. The very nature of treating that as evidence is dangerous to due process.

    People lie. People misremember. People justify and rationalize.

    We’ll see.  I think I saw he’s not testifying.  The case is near sending it to the jury.  

    • #34
  5. Ed G. Member
    Ed G.
    @EdG

    Manny (View Comment):

    Ed G. (View Comment):

    Manny (View Comment):

    Ed G. (View Comment):

    Manny (View Comment):

    Annabella Sciorra’s testimony. Does this sound like rape?

    Sciorra met Weinstein at an industry event in the early 1990s and then became part of Miramax’s circle, attending events and dinners around New York City, Assistant District Attorney Meghan Hast said in opening statements.In the winter of 1993-1994, after a dinner at an Irish restaurant in Manhattan, Weinstein offered Sciorra a ride to her Gramercy Park apartment, Sciorra testified. She put on a nightgown and was getting ready for bed in her apartment when he knocked on the door and, when she opened it, pushed his way inside, Sciorra said.Weinstein walked around her apartment, looking around to see if anyone else was there, Sciorra said. He began unbuttoning his shirt, she testified, and then grabbed her arm and dragged her into a bedroom.She said she kicked, punched and fought him until he held her arms above her head on the bed and raped her. Weinstein pulled out of her to ejaculate on her duvet and her nightgown, she testified.”I have perfect timing,” Weinstein said, according to Sciorra.

    Whatever the Hollywood relationship was, it does to me.

    That sounds like rape. Did it actually happen that way? I believe in rule of law and due process. How can we possibly prove that account? If we can’t prove it, then is it justice to recount it as if it were evidence relevant to another accusation? Throw in the other part of the CNN article where the defense claimed Sciorra made a statement to police that “I didn’t report it because I didn’t think it was rape.”

    She testified under oath. Weinstein did not. I’m no lawyer, but it sounds like due process to me.

     

    So if Weinstein gets up and testifies that he didn’t rape her….. then what? Case closed? I’m not following you’re line of thinking. Is She-said sufficient evidence for you? It isn’t for me. Especially after so long. The very nature of treating that as evidence is dangerous to due process.

    People lie. People misremember. People justify and rationalize.

    We’ll see. I think I saw he’s not testifying. The case is near sending it to the jury.

    It was a hypothetical. The point stands whether Sciorra (or any woman in that position) testifies under oath or just gives an interview. I’m curious about how people balance these competing pulls. 

    • #35
  6. kedavis Coolidge
    kedavis
    @kedavis

    Arahant (View Comment):

    iWe (View Comment):

    I am fascinated by the idea that a Harvey W could be, at the same time, a superb judge of what would succeed or fail and, without seeming contradiction, able to place actresses in key roles almost interchangeably. Wouldn’t corrupting the system lead to a breakdown in the resulting quality of the product?

    Which is it: does talent win out, or are starlets a dime a dozen?

    That is a very perceptive question. My guess is the latter.

    Starlets may be a dime a dozen, but mostly what Harvey W did was decide which movies were going to get made, and for how much money, etc.  So it could be said that story idea, script, maybe director, etc, are more important than which starlet(s) happen to be cast.

    • #36
  7. kedavis Coolidge
    kedavis
    @kedavis

    Manny (View Comment):

    Fake John/Jane Galt (View Comment):

    Manny (View Comment):

    Annabella Sciorra’s testimony. Does this sound like rape?

    Sciorra met Weinstein at an industry event in the early 1990s and then became part of Miramax’s circle, attending events and dinners around New York City, Assistant District Attorney Meghan Hast said in opening statements.In the winter of 1993-1994, after a dinner at an Irish restaurant in Manhattan, Weinstein offered Sciorra a ride to her Gramercy Park apartment, Sciorra testified. She put on a nightgown and was getting ready for bed in her apartment when he knocked on the door and, when she opened it, pushed his way inside, Sciorra said.Weinstein walked around her apartment, looking around to see if anyone else was there, Sciorra said. He began unbuttoning his shirt, she testified, and then grabbed her arm and dragged her into a bedroom.She said she kicked, punched and fought him until he held her arms above her head on the bed and raped her. Weinstein pulled out of her to ejaculate on her duvet and her nightgown, she testified.”I have perfect timing,” Weinstein said, according to Sciorra.

    Whatever the Hollywood relationship was, it does to me.

    Did she report it immediately or shortly afterward? If not then why not? If so then that sounds open and shut to me and somebody else needs to answer also.

    You can question why women don’t report rapes and abuse right away all you want. But it happens and it happens regularly. And yes, I believe in that article or others I’ve read mentioned Sciorra told someone shortly after the incident.

    Wouldn’t testimony from that other person be the very definition of hearsay?

    • #37
  8. kedavis Coolidge
    kedavis
    @kedavis

    Manny (View Comment):

    Annabella Sciorra’s testimony. Does this sound like rape?

    Sciorra met Weinstein at an industry event in the early 1990s and then became part of Miramax’s circle, attending events and dinners around New York City, Assistant District Attorney Meghan Hast said in opening statements.In the winter of 1993-1994, after a dinner at an Irish restaurant in Manhattan, Weinstein offered Sciorra a ride to her Gramercy Park apartment, Sciorra testified. She put on a nightgown and was getting ready for bed in her apartment when he knocked on the door and, when she opened it, pushed his way inside, Sciorra said.Weinstein walked around her apartment, looking around to see if anyone else was there, Sciorra said. He began unbuttoning his shirt, she testified, and then grabbed her arm and dragged her into a bedroom.She said she kicked, punched and fought him until he held her arms above her head on the bed and raped her. Weinstein pulled out of her to ejaculate on her duvet and her nightgown, she testified.”I have perfect timing,” Weinstein said, according to Sciorra.

    Whatever the Hollywood relationship was, it does to me.

    Juanita Broderick is waving her arms and yelling “What about me???”

    • #38
  9. Manny Coolidge
    Manny
    @Manny

    kedavis (View Comment):

    Manny (View Comment):

    Fake John/Jane Galt (View Comment):

    Manny (View Comment):

    Annabella Sciorra’s testimony. Does this sound like rape?

    Sciorra met Weinstein at an industry event in the early 1990s and then became part of Miramax’s circle, attending events and dinners around New York City, Assistant District Attorney Meghan Hast said in opening statements.In the winter of 1993-1994, after a dinner at an Irish restaurant in Manhattan, Weinstein offered Sciorra a ride to her Gramercy Park apartment, Sciorra testified. She put on a nightgown and was getting ready for bed in her apartment when he knocked on the door and, when she opened it, pushed his way inside, Sciorra said.Weinstein walked around her apartment, looking around to see if anyone else was there, Sciorra said. He began unbuttoning his shirt, she testified, and then grabbed her arm and dragged her into a bedroom.She said she kicked, punched and fought him until he held her arms above her head on the bed and raped her. Weinstein pulled out of her to ejaculate on her duvet and her nightgown, she testified.”I have perfect timing,” Weinstein said, according to Sciorra.

    Whatever the Hollywood relationship was, it does to me.

    Did she report it immediately or shortly afterward? If not then why not? If so then that sounds open and shut to me and somebody else needs to answer also.

    You can question why women don’t report rapes and abuse right away all you want. But it happens and it happens regularly. And yes, I believe in that article or others I’ve read mentioned Sciorra told someone shortly after the incident.

    Wouldn’t testimony from that other person be the very definition of hearsay?

    No she’s an eye witness,  More than a witness.  A participant.  Heresay is a third part who heard the story from someone.

    • #39
  10. Manny Coolidge
    Manny
    @Manny

    kedavis (View Comment):

    Manny (View Comment):

    Annabella Sciorra’s testimony. Does this sound like rape?

    Sciorra met Weinstein at an industry event in the early 1990s and then became part of Miramax’s circle, attending events and dinners around New York City, Assistant District Attorney Meghan Hast said in opening statements.In the winter of 1993-1994, after a dinner at an Irish restaurant in Manhattan, Weinstein offered Sciorra a ride to her Gramercy Park apartment, Sciorra testified. She put on a nightgown and was getting ready for bed in her apartment when he knocked on the door and, when she opened it, pushed his way inside, Sciorra said.Weinstein walked around her apartment, looking around to see if anyone else was there, Sciorra said. He began unbuttoning his shirt, she testified, and then grabbed her arm and dragged her into a bedroom.She said she kicked, punched and fought him until he held her arms above her head on the bed and raped her. Weinstein pulled out of her to ejaculate on her duvet and her nightgown, she testified.”I have perfect timing,” Weinstein said, according to Sciorra.

    Whatever the Hollywood relationship was, it does to me.

    Juanita Broderick is waving her arms and yelling “What about me???”

    Agreed.  Woman are treated badly in these cases.  It tends to be his word against hers.  

    • #40
  11. kedavis Coolidge
    kedavis
    @kedavis

    Manny (View Comment):

    kedavis (View Comment):

    Manny (View Comment):

    Fake John/Jane Galt (View Comment):

    Manny (View Comment):

    Annabella Sciorra’s testimony. Does this sound like rape?

    …, Assistant District Attorney Meghan Hast said in opening statements.In the winter of 1993-1994, after a dinner at an Irish restaurant in Manhattan, Weinstein offered Sciorra a ride to her Gramercy Park apartment, Sciorra testified. She put on a nightgown and was getting ready for bed in her apartment when he knocked on the door and, when she opened it, pushed his way inside, Sciorra said.Weinstein walked around her apartment, looking around to see if anyone else was there, Sciorra said. He began unbuttoning his shirt, she testified, and then grabbed her arm and dragged her into a bedroom.She said she kicked, punched and fought him until he held her arms above her head on the bed and raped her. Weinstein pulled out of her to ejaculate on her duvet and her nightgown, she testified.”I have perfect timing,” Weinstein said, according to Sciorra.

    Whatever the Hollywood relationship was, it does to me.

    Did she report it immediately or shortly afterward? If not then why not? If so then that sounds open and shut to me and somebody else needs to answer also.

    You can question why women don’t report rapes and abuse right away all you want. But it happens and it happens regularly. And yes, I believe in that article or others I’ve read mentioned Sciorra told someone shortly after the incident.

    Wouldn’t testimony from that other person be the very definition of hearsay?

    No she’s an eye witness, More than a witness. A participant. Heresay is a third part who heard the story from someone.

    I meant the person Sciorra supposedly told.  That wouldn’t be an eye witness, or a participant.  And it would be hearsay.  (Not heresay.)

    But my point was, if that’s going to be the (new) standard, then Bubba should be thrown in the clink before Weinstein.  Broderick was seriously injured by Clinton biting her lip and stuff.

    • #41
  12. Manny Coolidge
    Manny
    @Manny

    kedavis (View Comment):
    I meant the person Sciorra supposedly told. That wouldn’t be an eye witness, or a participant. And it would be hearsay. (Not heresay.)

    I don’t know what the exact definition of heresay is, but her being told by the participant shortly after it happened is corroboration.  I agree on Bubba getting off but I don’t know if Juanita had corroboration in any way.

    • #42
  13. Ed G. Member
    Ed G.
    @EdG

    Manny (View Comment):

    kedavis (View Comment):
    I meant the person Sciorra supposedly told. That wouldn’t be an eye witness, or a participant. And it would be hearsay. (Not heresay.)

    I don’t know what the exact definition of heresay is, but her being told by the participant shortly after it happened is corroboration. I agree on Bubba getting off but I don’t know if Juanita had corroboration in any way.

    It’s not exactly corroboration either. I think it’s also important to distinguish between what should be admissible in court versus what clues we can pick up to try to divine whose story is more credible for our own private opinions and actions. Coming out into the court of public opinion also has its ethical problems, but that’s why we have libel laws and such and I agree with President Trump that they should probably be strengthened.

    • #43
  14. Weeping Inactive
    Weeping
    @Weeping

    Manny (View Comment):

    kedavis (View Comment):
    I meant the person Sciorra supposedly told. That wouldn’t be an eye witness, or a participant. And it would be hearsay. (Not heresay.)

    I don’t know what the exact definition of heresay is, but her being told by the participant shortly after it happened is corroboration. I agree on Bubba getting off but I don’t know if Juanita had corroboration in any way.

    Theoretically speaking (because I’m not really following the Weinstein case and am not conversant with all the testimony), suppose the participant lied to his/her friend about what happened? I mean, the friend has no way of knowing how accurate the participant’s description of the event is since he/she wasn’t there to witness it for himself. The friend can corroborate that the story the participant is telling now is the same story he heard from the participant earlier, but he can’t corroborate the event itself since he wasn’t there to witness it.

    • #44
  15. kedavis Coolidge
    kedavis
    @kedavis

    Manny (View Comment):

    kedavis (View Comment):
    I meant the person Sciorra supposedly told. That wouldn’t be an eye witness, or a participant. And it would be hearsay. (Not heresay.)

    I don’t know what the exact definition of heresay is, but her being told by the participant shortly after it happened is corroboration. I agree on Bubba getting off but I don’t know if Juanita had corroboration in any way.

    She told people too.

    But really, any kind of “he/she told someone else” is necessarily hearsay.  (And it is hearsay, not heresay.  Hearsay.  Hear, and then say.)  It might also be corroborative if there is proof that it took place at or very close to the time of the actual event.  But it would need to be something more than “I remember…” if someone’s life – basically – is at stake.  Otherwise there is no way to prove that Sciorra – or whoever – didn’t actually tell them to say it, just before the trial.

    Otherwise you have two people saying “I remember this from umpty years ago” and the accused saying “it never happened.”  Where do you get “beyond a reasonable doubt” from that?  “2 against 1” might win on the elementary school playground, but doesn’t cut it in court.

    • #45
  16. kedavis Coolidge
    kedavis
    @kedavis

    Weeping (View Comment):

    Manny (View Comment):

    kedavis (View Comment):
    I meant the person Sciorra supposedly told. That wouldn’t be an eye witness, or a participant. And it would be hearsay. (Not heresay.)

    I don’t know what the exact definition of heresay is, but her being told by the participant shortly after it happened is corroboration. I agree on Bubba getting off but I don’t know if Juanita had corroboration in any way.

    Theoretically speaking (because I’m not really following the Weinstein case and am not conversant with all the testimony), suppose the participant lied to his/her friend about what happened? I mean, the friend has no way of knowing how accurate the participant’s description of the event is since he/she wasn’t there to witness it for himself. The friend can corroborate that the story the participant is telling now is the same story he heard from the participant earlier, but he can’t corroborate the event itself since he wasn’t there to witness it.

    Also true.

    • #46
  17. Manny Coolidge
    Manny
    @Manny

    kedavis (View Comment):

    Manny (View Comment):

    kedavis (View Comment):
    I meant the person Sciorra supposedly told. That wouldn’t be an eye witness, or a participant. And it would be hearsay. (Not heresay.)

    I don’t know what the exact definition of heresay is, but her being told by the participant shortly after it happened is corroboration. I agree on Bubba getting off but I don’t know if Juanita had corroboration in any way.

    She told people too.

    But really, any kind of “he/she told someone else” is necessarily hearsay. (And it is hearsay, not heresay. Hearsay. Hear, and then say.) It might also be corroborative if there is proof that it took place at or very close to the time of the actual event. But it would need to be something more than “I remember…” if someone’s life – basically – is at stake. Otherwise there is no way to prove that Sciorra – or whoever – didn’t actually tell them to say it, just before the trial.

    Otherwise you have two people saying “I remember this from umpty years ago” and the accused saying “it never happened.” Where do you get “beyond a reasonable doubt” from that? “2 against 1” might win on the elementary school playground, but doesn’t cut it in court.

    That is true. It is not full exculpatory but adds to the credibility of the witness. Remember both people went under oath. 

    • #47
  18. kedavis Coolidge
    kedavis
    @kedavis

    Manny (View Comment):

    kedavis (View Comment):

    Manny (View Comment):

    kedavis (View Comment):
    I meant the person Sciorra supposedly told. That wouldn’t be an eye witness, or a participant. And it would be hearsay. (Not heresay.)

    I don’t know what the exact definition of heresay is, but her being told by the participant shortly after it happened is corroboration. I agree on Bubba getting off but I don’t know if Juanita had corroboration in any way.

    She told people too.

    But really, any kind of “he/she told someone else” is necessarily hearsay. (And it is hearsay, not heresay. Hearsay. Hear, and then say.) It might also be corroborative if there is proof that it took place at or very close to the time of the actual event. But it would need to be something more than “I remember…” if someone’s life – basically – is at stake. Otherwise there is no way to prove that Sciorra – or whoever – didn’t actually tell them to say it, just before the trial.

    Otherwise you have two people saying “I remember this from umpty years ago” and the accused saying “it never happened.” Where do you get “beyond a reasonable doubt” from that? “2 against 1” might win on the elementary school playground, but doesn’t cut it in court.

    That is true. It is not full exculpatory but adds to the credibility of the witness. Remember both people went under oath.

    Yes, and if/when the accused says “I didn’t do it” also under oath, where do you go?  As I said “2 against 1” might work on the playground, but it is not “beyond a reasonable doubt.”

    • #48
  19. Manny Coolidge
    Manny
    @Manny

    kedavis (View Comment):

    Manny (View Comment):

    kedavis (View Comment):

    Manny (View Comment):

    kedavis (View Comment):
    I meant the person Sciorra supposedly told. That wouldn’t be an eye witness, or a participant. And it would be hearsay. (Not heresay.)

    I don’t know what the exact definition of heresay is, but her being told by the participant shortly after it happened is corroboration. I agree on Bubba getting off but I don’t know if Juanita had corroboration in any way.

    She told people too.

    But really, any kind of “he/she told someone else” is necessarily hearsay. (And it is hearsay, not heresay. Hearsay. Hear, and then say.) It might also be corroborative if there is proof that it took place at or very close to the time of the actual event. But it would need to be something more than “I remember…” if someone’s life – basically – is at stake. Otherwise there is no way to prove that Sciorra – or whoever – didn’t actually tell them to say it, just before the trial.

    Otherwise you have two people saying “I remember this from umpty years ago” and the accused saying “it never happened.” Where do you get “beyond a reasonable doubt” from that? “2 against 1” might win on the elementary school playground, but doesn’t cut it in court.

    That is true. It is not full exculpatory but adds to the credibility of the witness. Remember both people went under oath.

    Yes, and if/when the accused says “I didn’t do it” also under oath, where do you go? As I said “2 against 1” might work on the playground, but it is not “beyond a reasonable doubt.”

    But he didn’t. Weinstein did not testify. Yes if both on he said/she said testify conflicting statements then you have no choice but to let him go. But in this case there were multiple women making similar charges. Were they all lying?  Was this a conspiracy?  Unlikely. The scum is as guilty as sin. 

    • #49
  20. Ed G. Member
    Ed G.
    @EdG

    Manny (View Comment):

    kedavis (View Comment):

    Manny (View Comment):

    kedavis (View Comment):

    Manny (View Comment):

    kedavis (View Comment):
    I meant the person Sciorra supposedly told. That wouldn’t be an eye witness, or a participant. And it would be hearsay. (Not heresay.)

    I don’t know what the exact definition of heresay is, but her being told by the participant shortly after it happened is corroboration. I agree on Bubba getting off but I don’t know if Juanita had corroboration in any way.

    She told people too.

    But really, any kind of “he/she told someone else” is necessarily hearsay. (And it is hearsay, not heresay. Hearsay. Hear, and then say.) It might also be corroborative if there is proof that it took place at or very close to the time of the actual event. But it would need to be something more than “I remember…” if someone’s life – basically – is at stake. Otherwise there is no way to prove that Sciorra – or whoever – didn’t actually tell them to say it, just before the trial.

    Otherwise you have two people saying “I remember this from umpty years ago” and the accused saying “it never happened.” Where do you get “beyond a reasonable doubt” from that? “2 against 1” might win on the elementary school playground, but doesn’t cut it in court.

    That is true. It is not full exculpatory but adds to the credibility of the witness. Remember both people went under oath.

    Yes, and if/when the accused says “I didn’t do it” also under oath, where do you go? As I said “2 against 1” might work on the playground, but it is not “beyond a reasonable doubt.”

    But he didn’t. Weinstein did not testify. Yes if both on he said/she said testify conflicting statements then you have no choice but to let him go. But in this case there were multiple women making similar charges. Were they all lying? Was this a conspiracy? Unlikely. The scum is as guilty as sin.

    Yes, but they weren’t testifying about the same charges, the same instance of the alleged crime. Were they all lying? Is that the only alternative to complete truth? I think it’s not which is why there is inherent doubt to he said she said, even if multiple she’s accuse he if similar things.

    Yes people lie. No it doesn’t have to be a conspiracy. Yes people misremember; yes people rationalize and self justify and convince themselves of things that are either not true or extremely subjective. Yes it might have happened exactly as she said it did. How can we figure out which is which? Being under oath has nothing to do with it.

    • #50
  21. kedavis Coolidge
    kedavis
    @kedavis

    My main point was the “under oath” part, but even without that, I don’t think it makes sense to assume that an unrebutted accusation is necessarily truth “beyond a reasonable doubt.”  Not when that can lead to a prison sentence, or even worse.

    But if that were to become the new legal standard, then every accused just needs to deny it, in court, and that’s that.

    • #51
  22. kedavis Coolidge
    kedavis
    @kedavis

    And here’s a bit from Peter Robinson about memory.

    https://www.adrive.com/public/HbrUaT/Ricochet%20Podcast%2009-29-18%20clip%20A%20Supreme%20Moment%20%20418.mp3

    • #52
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