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SUPREME COURT NEW YORK COUNTYTRIAL TERM PART 99------------------------------------xTHE PEOPLE OF THE STATE OF NEW YORK : INDICTMENT # : 2335-18 : 2673-19 : AGAINST : CHARGE : Pred Sex Asslt HARVEY WEINSTEIN : : : Defendant :-------------------------------------x Trial

100 Centre Street New York, New York 10013 January 27, 2020

B E F O R E:

HONORABLE: JAMES BURKE, JUSTICE OF THE SUPREME COURT

APPEARANCES: (Same as previously noted)

----------------------------------------------------------------------

MS. ILLUZZI: Good morning, Judge.

THE CLERK: Case on trial continued, all parties

are present.

THE COURT: Your appearances.

MS. ILLUZZI: Joan Illuzzi.

MR. HAST: Meghan Hast.

MR. CHERONIS: Damon Cheronis for Harvey

1 Weinstein.

2 MS. ROTUNNO: Donna Rotunno for Harvey Weinstein.

3 MR. KAMINS: Barry Kamins. Good morning.

4 MS. SAMSON: Diana Fabi Samson.

5 MR. AIDALA: Arthur Aidala. Good morning, your

6 Honor.

7 THE COURT: Each side has a paralegal with them.

8 Yes, Ms. Illuzzi, you wanted to approach?

9 MS. ILLUZZI: I do. There are issues we would

10 like to put on the record, but just in terms of scheduling

11 I would like to ask you a question at the bench.

12 THE COURT: Okay.

13 (Conversation held off the record).

14 THE COURT: Are we ready to call the witness.

15 Anything we need to talk about prior to this witness

16 pertaining to this witness?

17 MR. CHERONIS: Your Honor, we had filed a motion.

18 MS. ILLUZZI: We do have something to say. I

19 would like to bring something to the Court's attention now.

20 THE COURT: Which topic is this?

21 MS. ILLUZZI: Regarding something we received on

22 Saturday by the defense.

23 THE COURT: Okay.

24 MS. ILLUZZI: So Judge, on Saturday we received an

25 e-mail by -- e-mail by Ms. Fabi Samson of what appears to

1 be a text conversation with one of their possible

2 witnesses, this guy Paul Feldscher had with, I can only

3 assume the defendant, although that is not in any way

4 identified in this text message series of conversations.

5 So, what we have, what they gave us was half of a

6 conversation, one half of a conversation, and we asked for

7 well, who is the other person, if it is the defendant,

8 which I assume he is. What question is he asking and what

9 is he saying that is prompting the next comment and the

10 next statement by this witness, and they refused to give us

11 the other half of the conversation.

12 THE COURT: By the witness who is about to take

13 the stand?

14 MS. ILLUZZI: No. So first of all, with regards

15 to their discovery in general, they handed us 125 pages

16 minutes, maybe less than a minute before the People stood

17 up and called Ms. Sciorra.

18 So, Ms. Sciorra was being cross examined by

19 defense on materials which I guess we had on our desk but

20 not were able to look at prior to calling Ms. Sciorra.

21 THE COURT: These are issues I want to discuss in

22 greater detail at a time not when we are about to bring the

23 jury in and call a witness.

24 MS. ILLUZZI: No worries.

25 THE COURT: Anything related to this witness?

1 MS. ILLUZZI: No, we have a stipulation that we

2 will put into evidence. Ms. Hast will be handling this

3 witness, I'll let her continue.

4 MS. HAST: I'm going to do one stipulation before

5 I call the next witness.

6 THE COURT: That is fine, jury is entering.

7 COURT OFFICER: Jury entering.

8 ( Jury enters courtroom).

9 THE CLERK: Case on trial continued. Will the

10 parties stipulate the jury is present and properly seated?

11 MS. ILLUZZI: Yes.

12 MR. CHERONIS: Yes.

13 THE COURT: Welcome back jurors. I hope

14 everybody had a great lunar New Year. Call your next

15 witness.

16 MS. HAST: Before I call the next witness, I would

17 like to read a stipulation and enter an exhibit.

18 Again, this is a stipulation, it has the same

19 paragraph I read in a prior stipulation last week. It is

20 signed by both parties, dated today. It reads as follows:

21 The following is hereby agreed and stipulated by

22 and between the People of the State of New York represented

23 by ADA Jones Illuzzi, and defendant Harvey Weinstein

24 represented by defense counsel Arthur Aidala and Donna

25 Rotunno. Defendant Weinstein purchased 76 Crosby Street

1 apartment three New York, New York on or about March 2,

2 2005.

3 Defendant Weinstein sold 76 Crosby Street

4 apartment three, New York, New York on or about December 7,

5 2007.

6 And People's Exhibit 75 is a copy of a floor plan

7 that accurately depicts the layout of the apartment during

8 the time it was owned by defendant Weinstein.

9 Based on the stipulation, I would seek to move

10 into evidence People's Exhibit 75 which is a copy of that

11 floor plan.

12 THE COURT: Crosby Street?

13 MS. HAST: Correct.

14 THE COURT: What number is the stipulation?

15 MS. HAST: It is People's Exhibit 79.

16 THE COURT: The floor plan is 75?


18 THE COURT: So stipulated?

19 MR. CHERONIS: So stipulated.

20 THE COURT: That is received into evidence.

21 Those are received into evidence 79 and 75 by stipulation.

22 Please proceed.

23 MS. HAST: The People call Miriam Haley.

24 COURT OFFICER: Witness entering.

25 ( Witness enters courtroom and is sworn in).

1 COURT OFFICER: In a cloud clear voice, please

2 give your full name.

3 A Miriam S. A. F. I. A. H. A. L. E. Y.

4 COURT OFFICER: County of residence?

5 A London U. K.

6 THE COURT: All right, good morning. Listen

7 carefully to the questions from the Assistant District

8 Attorney and answer her questions to the best of your

9 ability.

10 Please answer them loudly, clearly, and slowly.

11 Please give full and complete responses to all her

12 questions, but try not to volunteer any information beyond

13 her specific questioned area.

14 On cross examination, it is very likely Mr.

15 Cheronis is going to ask you questions. If and when he

16 chooses to do so, please give to him the same courtesy

17 you're about to give to the Assistant District Attorney.

18 And if you are comfortable responding from either

19 attorney's questions directly to the jury itself, feel free

20 to do that. Otherwise, just respond to whomever is asking

21 you questions at any given moment.

22 Your mic does not work very well, so you have to

23 keep your voice up and speak directly into this part, okay.

24 MS. ILLUZZI: Can we switch to a handheld if that

25 is okay and lets turn that off?

1 THE COURT: That does not turn off. So we will

2 just get feedback. We will see how it goes. This may not

3 be the time to experiment with that. Please inquire.

4 MS. HAST: Thank you.

5 DIRECT EXAMINATION

6 BY MS. HAST:

7 Q Good morning?

8 A Good morning.

9 Q If you could please again tell the jury your name and

10 where you are currently living, the country you are currently

11 living in?

12 A Miriam Haley and I'm currently living in London U. K.

13 Q It is still really hard. I know the acoustics are bad,

14 so it will go much faster it you can try to keep your voice up

15 and speak into the microphone.

16 A So my name is Miriam Haley, I'm living in London U. K.

17 Q Do you currently work?

18 A I'm a freelancer, I take contract work, so yeah, not

19 this week, but yes.

20 Q What type of area do you freelance in?

21 A I work for creative agencies or in-house in creative

22 departments at brands.

23 Q How old are you?

24 A 42.

25 Q Where were you born and raised?

1 A I was born in Finland, Helsinki and I was raised for

2 the most part in Stockholm, Sweden.

3 Q Who did you live with growing up?

4 A Mostly my mother, and she also married a couple of

5 times, so I had two stepfathers.

6 Q What was the relationship like with your mom growing

7 up?

8 A It was good.

9 Q Was your father a part of your life growing up?

10 A No, I never met my father.

11 Q You had said that your mother had remarried sometimes?

12 A Yes, once when I was very young around three or four,

13 and once later in my teens.

14 Q Did that first stepfather when you were young, what was

15 that person like?

16 MR. CHERONIS: Object to relevance.

17 THE COURT: Overruled.

18 A Well, he was very abusive, physically abusive.

19 Q And was he, who was he physically abusive towards?

20 A Both of us, but mostly my mother.

21 Q How long did your mother ultimately remain with that

22 man?

23 A For a couple of years, I would say maybe three years in

24 total.

25 Q Can you describe what you remember about that time in

1 your life?

2 MR. CHERONIS: Objection, relevance.


4 A I experienced and witnessed a lot of physical abuse,

5 domestic abuse. I mean perhaps I won't go into exact details,

6 just a lot of domestic, physical abuse.

7 Q How did that relationship or that environment come to

8 an end?

9 A Well, we were living in Tunisia where he was from, so

10 we took some time to organize a sort of a escape with help of

11 the embassy and -- so yeah.

12 Q Can you describe for the jury how that experience in

13 your early childhood affected you?

14 MR. CHERONIS: I will make a continuing objection

15 so I do not interrupt.

16 THE COURT: Yeah, I'm going to sustain that one

17 though.

18 Q That experience that you had growing up, did that stay

19 with you throughout your life up until now?

20 MR. CHERONIS: Objection.


22 A Definitely, yes.

23 Q Has it affected sort of the way you react to trauma in

24 your life?


1 THE COURT: Sustained.

2 Q Can you describe the schooling that you had growing up

3 once you became school aged?

4 A Yes, I just went to a fairly normal school except it

5 was a music school as well. So I had all the usual classes and

6 a couple of hours of music everyday.

7 Q How far did you get in school?

8 A Not -- the school system in Sweden is a little

9 different than it is here. So sort of high school then a couple

10 of years past high school.

11 Q What were your hobbies and interests growing up?

12 A I liked dancing and photography and music, song

13 writing.

14 Q Did there come a time that you moved out on your own?

15 A Yes. My mother had left, kept a small apartment that

16 she had been renting out until I got old enough to move in

17 there, so I moved there when I was about 17.

18 Q Where was that?

19 A In Stockholm, Sweden.

20 Q Did you get a job at that point when you moved out on

21 your own?

22 A Yes, I had been working after school and on weekends

23 since I was about 14, 15 years old and I -- yeah, I got a job.

24 Q Have you been working ever since that time?

25 A Yes, I mean on and off, yes.

1 Q Can you tell the jury some of the things you have done

2 for jobs and professionally throughout the past 20 years or so.

3 A Well, my first job was for a market research company.

4 Then when I moved to London I was pursuing music, but I had some

5 odd jobs in mostly clothing stores.

6 Q Around how old were you when you moved to London?

7 A 19, and then so I was kind of mostly working in retail

8 stores until I started working in production for Michael White,

9 a producer.

10 Q And after working for Michael White in production, what

11 other types of jobs have you done since then?

12 A Since then I did a few others production jobs to do

13 with film and television productions, and after that I moved

14 more into branded films and short film content kind of, and more

15 advertising agencies and creative agencies, that is what I've

16 been doing since.

17 Q Around when was that you switched or focused from

18 production and TV into more of the branding you're doing now?

19 A I would say about 2009'ish sort of.

20 Q Now, you had mentioned working for some producer named

21 Michael White?

22 A Correct.

23 Q Is Michael White still alive?

24 A He's not.

25 Q When did he pass away?

1 A 2006.

2 Q For those of us who do not know, who was Michael White?

3 A He was a British quite legendary producer of both

4 theater and film and television. He produced things like Rocky

5 Horror Picture Show, Monty Python And The Holy Grail, Comic

6 Strip, various productions and many, many stage productions.

7 Q When did you meet Michael White?

8 A I met him in Sweden when I was around 19 years old.

9 Q When did you start working for him?

10 A Much later, many years later, around 2002 perhaps.

11 Q What did you do for Michael White?

12 A I started off as his personal assistant, then I became

13 more centered around production work as well. But I kind of

14 just did everything kind of within a production and development

15 type of content.

16 MR. CHERONIS: Judge.

17 MS. HAST: Keep your voice up.

18 MR. CHERONIS: Can I approach one second with the

19 State briefly?

20 THE COURT: Sure.

21 ( Conversation held off the record).

22 Q Keep that close to your mouth and hopefully that will

23 project and make it a little easier to hear you.

24 A Okay, do you hear me better?

25 Q Okay great, thank you. So, if you could describe a

1 little bit about what the duties are of a production assistant

2 that you were just describing with respect to your job with

3 Michael White?

4 A I mean I was more of his personal assistant, but within

5 a production context. So from at the beginning it would just be

6 things like obviously dealing with his schedule, his traveling

7 arrangements, his meetings, opening his mail, I mean just ad hoc

8 whatever he needed.

9 And then I became more into like reading scripts and

10 just, I was basically just his right hand person and so I would

11 go and help with whatever he needed.

12 Q Did your time with Michael White spark an interest in

13 production and movies and TV?

14 A Yes, absolutely. I mean I also got to do things like

15 help with casting and reading and all kinds of, all parts of

16 production, so yeah, and I was enjoying it.

17 Q Did you have a personal relationship with Michael White

18 as well?

19 A Yes, we were very close.

20 Q Describe that relationship?

21 A Well, he was my friend and we really just got along. I

22 knew him for many years before I ever started working for him.

23 I also was fairly close to his family, we traveled

24 together and yeah.

25 Q I'm going to show you what I marked as People's Exhibit

1 61 and showing defense.

2 ( Handed to witness).

3 A Yes.

4 Q Do you recognize People's Exhibit 61?

5 A Yes.

6 Q What is that?

7 A This is a picture of me and Michael White.

8 Q Does that fairly and accurately depict what you and

9 Michael White looked like at the time you were working for him?

10 A Yes, I think this is actually taken before I was

11 working for him, but yes.

12 MS. HAST: At this point I would like to move into

13 evidence People's Exhibit 61.

14 THE COURT: Any objection?

15 MR. CHERONIS: None.

16 THE COURT: 61 is received into evidence.

17 MS. HAST: I'll publish it for the jury.

18 ( Publishing exhibit).

19 Q Do you know somebody named Harvey Weinstein?

20 A I know who he is, yes.

21 Q What is that?

22 A I know who Harvey Weinstein is, yes.

23 Q Do you see him here in the courtroom today?

24 A I do.

25 Q Can you point to him and identify an article of

53

1 clothing he's wearing?

2 A A navy --

3 MR. AIDALA: Acknowledge.

4 THE COURT: Okay.

5 A Sorry.

6 Q Did you meet Harvey Weinstein?

7 A I did.

8 Q Do you recall when you first met the defendant?

9 A I do.

10 Q When was that?

11 A It was in 2004 an after party for The Aviator which is

12 a film that premiered in London.

13 Q Can you just describe what you remember about that

14 meeting?

15 A It was, I was just introduced to Mr. Weinstein and it

16 was quite a brief conversation. He was talking to Michael White

17 who I was with who introduced us, and he just made, said hello

18 and made a joke and that was kind of it.

19 Q Do you recall the joke?

20 A It was I'm going to name my next company after you and

21 I didn't really understand it, so --

22 Q And did you know who Harvey Weinstein was at the time

23 that you were introduced to him back in 2004?

24 A I did, yes, I had seen him. I mean he was a well known

25 producer. Of course I was working in that industry at the time

1 so I knew of him, and also I had seen him previously at industry

2 events.

3 Q Did there come a time that you ran into the defendant

4 again?

5 A Yes, so I ran into him in Cannes, at the Cannes Film

6 Festival in 2006.

7 Q What is the Cannes Film Festival?

8 A A film festival competition where people also submit

9 their films, screen their films, network and make connections

10 and compete.

11 Q Had you been to the Cannes Film Festival in prior years

12 as well?

13 A Yes, several times.

14 Q What was your work situation at the time that you went

15 to Cannes Film Festival in 2006?

16 A In 2006 I had lost my position with Michael White

17 because he got very, very ill and almost died, and he lost his

18 business and I lost my position and I lost my, subsequently my

19 apartment, so I was looking for new opportunities and new

20 mentorship, that sort of thing.

21 Q What was your personal situation like at that time?

22 A Well, I was financially very insecure and vulnerable

23 and very drained from the year that had been.

24 Q Did you have family of your own that you were close to

25 at that time?

1 A They weren't near me, like they were in a different

2 country, so fairly close to my family but not that close.

3 Q Could you rely on them financially?

4 A No.

5 Q Were these people you confided in about your situation?

6 MR. CHERONIS: Objection to relevance.


8 Q What brought you to the Cannes Film Festival?

9 A I think on that occasion I still came with Michael

10 White even though he was not really working per se. He had

11 gotten a little bit better and he still wanted to go, and I was

12 still assisting him parttime now and then. He kind of could not

13 afford a fulltime assistant, but --

14 Q Were you telling your family at that time what you were

15 going through with Michael White and your finances?


17 THE COURT: Answer stands, next question.

18 Q Did you have any plans following the Cannes Film

19 Festival?

20 A I had made plans to go to New York for a while.

21 Q Did you have plans to work or do anything while you

22 were in New York at that point?

23 A I didn't have any plans at that time, but I was

24 certainly open to and hoping to find some sort of opportunity,

25 yeah.

1 Q And did you have an interaction with the defendant at

2 the Cannes Film Festival?

3 A I did.

4 Q What month did the Cannes Film Festival take place?

5 A In May.

6 Q Can you describe that initial interaction with the

7 defendant at the festival?

8 A I, well, when I met him at the Cannes Film Festival, I

9 asked him if he had any work perhaps that I can do for him in

10 New York or any kind of opportunity for me to get involved in

11 any of his productions, and he said --

12 MR. CHERONIS: I object to foundation as to where

13 and when this conversation occurred.


15 Q You can continue.

16 A So yes, we were, I was basically asking if there was

17 anything I can do on any of his productions in New York, and he

18 said let me think about it. Come and see me at the -- come and

19 see me at the office basically which was like a hotel room that

20 the Weinstein Company office had at the film festival.

21 Q Where were you when you had that conversation with the

22 defendant?

23 A I'm not actually sure, I believe it was perhaps on a

24 boat, at a boat party because, yeah, there are quite a few boat

25 parties at Cannes, and I got that in my calendar on the day that

1 would have been.

2 Q Did you follow up with his offer to meet at the

3 Weinstein offices in Cannes?

4 A I did.

5 Q Where was that office suite located in Cannes?

6 A It was at the Majestic Hotel on the Creset, yeah.

7 Q Was it odd for you to meet people when you were

8 networking at hotel suites in Cannes?

9 A Not at all. That is where all the film companies set

10 up for the festivals. It is in fact I don't think it was a

11 hotel he was personally staying.

12 MR. CHERONIS: Object to the foundation.

13 A Okay.


15 Q When you got to the hotel, describe for the jury what

16 happened?

17 A Well, I met with an assistant downstairs who took me

18 upstairs to meet with Mr. Weinstein. The assistant let me

19 inside of the room, the suite, and left. And so we just greeted

20 each other normally and so forth, had a few, like a regular

21 exchange of, you know, greetings, and I cannot remember the

22 exact conversation from there on.

23 But all of a sudden eventually it turned into him

24 asking if I did massages and if I can give him a massage. And I

25 declined and said perhaps he should contact the front desk and

1 organize one and then he proceeded to ask me whether he could

2 give me a massage and I declined, and --

3 Q After you declined the massage, what happened?

4 A Again, that is the part of the conversation that I

5 remember mostly. But he, I basically left shortly after and I

6 didn't think anything would come out of that meeting.

7 Q Before we go on, I want to take you back to that room.

8 When you got into the suite, was there anybody else in the suite

9 besides the defendant?

10 A No. Well, when I was taken inside, I was taken with an

11 assistant but the assistant left.

12 Q Where did you and the defendant go to have that

13 conversation that you described?

14 A It was in the hotel suite.

15 Q What room of the hotel suite?

16 A The main kind of lounge area.

17 Q How was the defendant dressed at that time?

18 A I don't remember.

19 Q And I know you said you did not remember specifics of

20 the initial conversation, do you remember what the content was?

21 A Well, I mean I was there to try and see if he had

22 anything I could help him with production wise, because I was

23 going to New York and I was interested in experiencing some

24 work, production work here.

25 And so I know that he instead commented on my

1 appearance and then I remember the massage stuff.

2 Q When you say commented on your appearance, do you

3 remember anything specifically?

4 A Yes, I remember that he said something about my legs

5 which I thought was odd.

6 Q And did you allow him to give you a massage?

7 A No.

8 Q Did you give him a massage?

9 A No.

10 Q Did you touch him in any way?

11 A No.

12 Q Had he made any comments about your appearance prior to

13 you going to that meeting?

14 A Not that I recall.

15 Q Can you describe the defendant physicality at that

16 time?

17 A He was very big, a lot bigger than me, heavy-set and

18 very, I don't know how else --

19 Q What about his appearance and the way he dressed?

20 A I mean nothing in particular, he dressed just normal.

21 Q I'm going to show you what I marked for identification

22 as People's Exhibit 62 for identification.


24 A Yes.

25 Q Do you recognize People's Exhibit 62 for

1 identification?

2 A I do.

3 Q What do you recognize that to be?

4 A That is Harvey Weinstein.

5 Q Does that fairly and accurately depict what Harvey

6 Weinstein looked like the time you met with him in May of 2006.

7 A I believe so, I mean, yeah.

8 MS. HAST: I would like to move into evidence 62.


10 MR. CHERONIS: No.

11 THE COURT: 62 is received into evidence, next

12 question.

13 Q Can you describe to the jury what his demeanor was like

14 when you initially arrived to the hotel room?

15 A It was normal, friendly.

16 Q And how at all did his demeanor change when he began

17 requesting a massage?

18 A Well, he was still friendly, it was just inappropriate

19 and humiliating he asked me for massages. I had been quite

20 excited to go and see him, and --

21 Q At that time, when you met with him in 2006, how tall

22 were you?

23 A I think five, five.

24 Q How much did you weigh at that time?

25 A Probably 110, 15.

1 Q I'm going to show you what I previously marked as

2 People's Exhibit Six for identification.


4 Q Do you recognize People's Exhibit Six for

5 identification?

6 A Yes.

7 Q What is that?

8 A That is me.

9 Q Is that a photograph of you?

10 A That is a photograph of me in the summer of 2006.

11 MS. HAST: I would like to move into evidence

12 People's Exhibit Six.



15 THE COURT: Six is received into evidence.

16 MS. HAST: I will publish it for the jury.

17 ( Exhibit published).

18 Q Describe for the jury how you were feeling when you

19 left the hotel room that afternoon?

20 A Humiliated, I was extremely humiliated and just felt

21 very stupid that I had been so excited to go and see him and

22 that he treated me that way, and I was just very, yeah.

23 Q By the way --

24 A And I was crying also when I left the hotel. I waited

25 until I was kind of out of the hotel then I burst into tears.

1 Q By the way, what time did that meeting take place, if

2 you recall?

3 A In the afternoon, I think it was two p.m only because

4 I've since seen that meeting in my calendar.

5 Q Did you have any interest in Harvey Weinstein

6 romantically?

7 A None at all, no.

8 Q Did you have any interest in Harvey Weinstein sexually?

9 A None at all, no.

10 Q Did you act interested in him sexually or romantically

11 in any way?

12 A No, not at all, no.

13 Q Had you exchanged contact information with the

14 defendant during that initial meeting?

15 A I did, yes.

16 Q What type of contact information had you exchanged?

17 A I believe phone numbers and he gave me a contact or

18 either he said he was contacting somebody, but I'm not sure

19 whether that is when I met him or after at the Weinstein company

20 the producer of Project Runway.

21 Q So a contact of somebody that works for him?

22 A Correct.

23 Q Do you remember?

24 A But I'm not a hundred percent sure it was on that

25 occasion or it was after I already left.

1 Q Do you recall who that person was?

2 A That was Barbara Schneeweiss.

3 MS. HAST: Showing you 64 for identification.

4 ( Handed to witness.

5 Q Do you recognize People's 64 for identification?

6 A Yes.

7 Q What do you recognize that be?

8 A This is a note that Harvey, actually that is my own

9 writing, a note from the Majestic where I written down his phone

10 number.

11 Q Is that a scanned copy of the original note that you

12 wrote?

13 A Correct.

14 MS. HAST: I would like --

15 A I actually took a photo of it.

16 Q A photograph of the original note that you wrote?

17 A Correct.


19 People's Exhibit 64.

20 MR. CHERONIS: No objection.

21 THE COURT: 64 is received into evidence. Next

22 question.

23 Q Read the phone number there?

24 A 917 --

25 MR. CHERONIS: I object to that, take that town.

1 MR. AIDALA: We discussed this.

2 THE COURT: Step up.


4 Q Had you got a New York cell phone number at that time

5 to use while you were staying in New York when you left Cannes?

6 A I believe I did, yes.

7 Q Do you remember now today what that number was?

8 A I don't.

9 Q Is there something that could refresh your recollection

10 with respect to that?

11 A It was in my calendar, yes.

12 Q You mentioned your calendar a few times during your

13 testimony. Can you just describe what you are referring to?

14 A So, it was an organizer before I phones and everything

15 existed, so I wrote everything down in an organizer. It was

16 like a cover then you changed the insert every year.

17 Q Had you kept your old inserts over the years?

18 A Apparently I had kept a couple, yes.

19 Q And at some point did you go back and locate your

20 insert from 2006?

21 A I did, although I actually found it completely while I

22 was looking for something different.

23 Q Did you use that 2006 calendar insert to help you date

24 some of the interactions you had with the defendant from the

25 meeting in Cannes up through including your return to London on

1 August 2nd of 2006?

2 A I think mostly yes.

3 Q And did you give your 2006 calendar insert in its

4 entirety to the District Attorney's Office?

5 A I did.

6 Q Did you make any changes to that insert prior to giving

7 it to the District Attorney's Office?

8 A I did not.

9 Q I'm going to show you what I marked as People's Exhibit

10 77.


12 Q Do you recognize People's Exhibit 77?

13 A I do.


15 A That is part of my calendar.

16 Q That date from may 18, 2006 when you were in Cannes

17 through August 2, 2006 when you flew home from New York to

18 London?

19 A Yes.

20 Q Does that fairly and accurately depict meetings that

21 you attended or had including some meetings with the defendant

22 during that time period?

23 A I believe so, yes.

24 MS. HAST: At this point I would like to move into

25 evidence People's 77.



3 THE COURT: 77 is received into evidence.

4 MS. HAST: For the record that includes 11 pages.

5 Q I'm going to hand up the exhibit and focus your

6 attention on the back of the first page on the date May 22nd.


8 Q Do you see your phone number that you were using when

9 you were staying in New York City in the spring and summer of

10 2006 written in that on that page of the date book?

11 A I do.

12 Q Can you read that phone number to the jury?

13 A 917-528-4839.

14 Q Did you expect to hear from the defendant or the

15 Weinstein Company again?

16 A No.

17 Q Did you?

18 A Yes.

19 Q Can you describe for the jury how that came about?

20 A I actually don't remember whether it was by telephone

21 or by e-mail. But he did follow through with organizing with

22 the producer of Project Runway to go and help out.

23 Q Did you agree or accept his offer to help work --

24 withdrawn. Accept his offer to help out at Project Runway?

25 A I did.

1 Q Why did you do that?

2 A Well, because I was already going to New York and I

3 wanted, wanted the experience and so yeah, I accepted, I mean --

4 yeah.

5 Q Where was the set of Project Runway, where were you

6 working?

7 A So, it was Parson Design School mostly and also the

8 apartment building where the cast contestants were staying.

9 Q When you started working there, had it already been up

10 and running?

11 A Yes correct. So he said he didn't really have like a

12 real kind of position to offer me, but that they were already

13 shooting and if I wanted to go and help out with the production

14 assistant on Project Runway, I did that.

15 Q For how long did you end up helping out on the set of

16 Project Runway?

17 A Just for the remainder of the shoot, so like two or

18 three weeks.

19 Q Who did you report to?

20 A I don't remember anyone apart from Barbara Schneeweiss,

21 she was not really there in person that much.

22 Q What types of things did you do on the set?

23 A All kinds of ad hoc things like get people to sign a

24 release forms and inventory, different things of the

25 contestants. Things they created, helping out with catering,

1 lighting, really random tasks ad hoc whatever was needed.

2 Q Were you paid for your time working, helping out on

3 Project Runway?

4 A A minimal day rate, yes.

5 Q Do you recall how much you were paid?

6 A 125 dollars a day.

7 MS. HAST: I will just wait a second. You have to

8 really keep your voice up.

9 Q Did you have a work visa at that time?

10 A Well, I didn't, I was here on a tourist visa.

11 Q Were you legally allowed to work in the U.S at that

12 time?

13 A I was not.

14 Q Did you see the defendant on the set during that two

15 week period?

16 A I did not.

17 Q Where were you living in New York at that time?

18 A I was living in the east village with my friend Liz in

19 her spare bedroom.

20 Q How did you know Liz?

21 A I met Liz in London at a friend's wedding a couple of

22 years prior.

23 Q Were you close with Liz that summer?

24 A Yes.

25 Q Are you still in touch with her now?

1 A I'm not for many years now.

2 Q Did you have any pets at the apartment that you were

3 staying in with Liz?

4 A Yes, Peanut, her dog Peanut and a cat whose name I

5 don't remember.

6 Q I'm going to show you People's 70 for identification.

7 MR. CHERONIS: I object to relevance introducing a

8 photo of a dog.

9 THE COURT: Overruled, the number?

10 MS. HAST: 70.


12 Q Do you recognize Peoples 70?

13 A Yes.


15 A That is Peanut.

16 Q Does that fairly and accurately depict what Peanut

17 looked like at the time he was living with you in the east

18 village?

19 A Yes.


21 People's exhibit 70.

22 MR. CHERONIS: Just one second your Honor.


24 MR. CHERONIS: Same objection.

25 THE COURT: People's 70 is received into evidence.

1 ( Shown to jury).

2 Q Following your work on project Runway, did you reach

3 out to the defendant?

4 A I did, yes.

5 Q Why did you reach out to the defendant?

6 A I just sent him an e-mail thanking him for the

7 opportunity.

8 Q Did he respond to you?

9 A He did, he said why don't you come -- yes, he did.

10 Q What was the substance of that conversation?

11 A He suggested I meet him at the Mercer Hotel in the

12 lobby where there is a bar in the lounge so he could say hi in

13 person.

14 Q Did you agree to meet him?

15 A I did.

16 Q Why did you agree to meet him?

17 A Well, I had no reason not to agree to meet him, so I

18 said sure.

19 Q Do you recall approximately when that meeting took

20 place?

21 A It was right after Project Runway wrapped, maybe a day

22 or two, I believe or around when it was wrapping up.

23 Q Did you have an indication of that meeting in your

24 planner that is in evidence as People's 77?

25 A Yes.

1 Q I'm going to pull up a page of the planner that starts

2 with the date June 26th.

3 And focusing your attention on the dates of the planner

4 Monday June 26th, do you see a notation with respect to the

5 meeting that you had with the defendant at the Mercer Hotel?

6 A Yes.

7 Q Can you just indicate where that is located and read

8 what it says?

9 A Sorry, you mean on the page?

10 Q Yes.

11 A So it just says nine p.m Mercer, Harvey the bottom of

12 the page 27th of June.

13 Q Can you describe the area where you met the defendant

14 on June 26th?

15 A In the lobby of the Mercer Hotel.

16 Q And what that looked like?

17 A Well, it is just a hotel lobby and there is also like a

18 bar area.

19 Q What area did you meet the defendant?

20 A I believe in the kind of, in the kind of lobby bar

21 area.

22 Q Was he alone or with other people?

23 A I'm not sure if there was an assistant to begin with,

24 but I was sitting with him alone as I recall.

25 Q Did you have anything to eat or drink while you were

1 there?

2 A Not to eat, but perhaps a water or something like that.

3 Q Do you recall whether or not the defendant had anything

4 to eat or drink?

5 A For some reason I do recall him having a drink, yes.

6 Q How did that meeting go?

7 A That meeting was very pleasant. I was really happy

8 with how it went. We had quite a lengthy conversation about all

9 kinds of things, nothing was inappropriate, he was very

10 respectful, even charming, we were having, yeah, just a normal

11 conversation and I felt like he --

12 MR. CHERONIS: Objection she felt like.


14 A Perhaps he even felt bad for how he had --


16 MR. CHERONIS: Object.

17 THE COURT: Strike that.

18 Q Did you discuss professional things at the meeting?

19 A Yes.

20 Q Do you recall anything specifically?

21 A Well, I mean he basically said that he had really good

22 feedback about me the from the set, and I was welcomed to come

23 back the following year.

24 Obviously I needed to get my papers in a better

25 position and I needed to get my papers in order and he would

1 help with that and writing letters, yeah.

2 Q Did you discuss personal things during the meeting?

3 A Some, I don't exactly remember what we talked about, we

4 talked about a range of subjects.


6 THE COURT: Overruled so far, but next question.

7 Q Did you finish that answer? You talked about a range

8 of subjects you said?

9 A Correct.

10 Q Some of those included personal things?

11 A Yes.

12 Q Do you recall anything specifically?

13 A Not really, except the only thing I remember was

14 something about when we were talking about why I don't drink

15 alcohol, he said maybe I have like hypoglycemia.

16 Q In 2006 were you not drinking?

17 A I was not.

18 Q Was there a time that you had been drinking?



21 A Yes, up until 2004.

22 Q So from 2004 until today have you had any alcoholic

23 drinks?

24 A No, never.

25 Q How if at all was the defendant's demeanor and behavior

1 different from the meeting at the Majestic Hotel to the meeting

2 at the Mercer Hotel?

3 A It was very different, he was very nice and open and

4 respectful and appropriate.

5 Q Did you have any conversation at all about anything

6 sexual or romantic with the defendant?

7 A No.

8 Q Did you see the defendant again following the meeting

9 at the Mercer Hotel?

10 A Yes, so I have mentioned that I was going to the

11 Weinstein Company offices to pick something up from Barbara

12 Schneeweiss. He said why don't you stop by my office when you

13 do that.

14 Q Do you recall when in relation to the Mercer Hotel

15 meeting that you went to the Weinstein Offices to meet Barbara

16 Schneeweiss?

17 A I don't actually, perhaps well yeah, I don't exactly.

18 Q Was it within the next few days or weeks?

19 A Most likely.

20 Q Did you see the defendant when you went to the

21 Weinstein Offices?

22 A I did.

23 Q Can you describe that interaction for the jury?

24 A That was also a pleasant conversation. I was in his

25 office, his assistant was sort of in and out, and we just had

1 again normal conversation about normal things.

2 He told me about the productions he was working on and

3 different things like that. Then he gave me a book, he

4 basically lent me a book, said have you read this and he gave me

5 a book to take with me.

6 Q Do you remember what the book was?

7 A It was Tender Is The Night by F. Scott Fitzgerald.

8 Q After speaking with him in the office, did you also

9 meet with Barbara Schneeweiss?

10 A I think before, yes, I believe, yes, yes, I met with

11 her at some point, yes.

12 Q Describe what happened after the meeting in the office?

13 A So, he offered to drive me back to the apartment I was

14 staying in the east village. He drove me back with his

15 assistant and a driver.

16 Q Do you remember who that assistant was?

17 A I believe he was called Dan, I'm not sure about the

18 last name.

19 Q Can you describe the ride back to your apartment?

20 A It was just a short ride back to the apartment, we were

21 just normal conversation.

22 Q Where were you seated in the car?

23 A I was in the back with Harvey Weinstein and his

24 assistant was in the front with the driver.

25 Q Do you recall the topic of the conversation in the

1 car?

2 A I believe in the car is when he told me about Factory

3 Girl and he was making this movie about Andy Warhol, yeah.

4 Q Was there, did his tone or demeanor change in any what

5 while you were in the car?

6 A No.

7 Q At that point -- I think you were going to say

8 something.

9 A No, no, yeah.

10 Q And can you just describe what his demeanor and tone

11 were like during that period of time?

12 A It was normal and friendly.

13 Q What happened when you got to the apartment?

14 A He got out of the car and he was very curious to where

15 I was staying, and he asked if he could come in and have a look,

16 and I said no, it's not a good time. And he said okay.

17 Well, that is when he invited me, he said he was going

18 to go to Paris for a few days to the fashion shows there and he

19 asked if I would come along, if I would like to come along.

20 Q Did he describe for you any of the travel or hotel

21 arrangements with respect to the invitation to come along?

22 A Well, he said that he was going on a private plane, a

23 private jet and staying at the Ritz Hotel.

24 Q Did he invite you alone?

25 A Sorry.

1 Q Did he invite you alone or did he invite you with other

2 people?

3 A He invited me alone at that point, yes.

4 Q You had described that he was curious as to where you

5 lived. Can you describe what you mean by that?

6 A Well, he just got out of the car and kind of looking at

7 the building and asking you live here, wherever, and that side,

8 behind there, that sort of thing.

9 MS. HAST: The witness was describing you live

10 here, there, that sort of thing and she was pointing with

11 her finger in different directions.

12 Q Did you show him where you lived at that point?

13 A I probably described it, yes.

14 Q Did you get into your apartment building?

15 A Sorry.

16 Q At that point did you go into your apartment building?

17 A I went into, yes, I went in there and he left. He had

18 a driver and assistant waiting so he left at that point.

19 Q So did you allow him into your apartment at that time?

20 A No.

21 Q What if anything did you say with respect to his

22 invitation to go with him to Paris?

23 A I think I said no, but I was, I said I'm not sure at

24 that very moment if I said no or I'll let you know.

25 Q Did you have any intention at that moment to go with

1 him to Paris?

2 A No, but I was just being polite.

3 Q Why did you not intend to go with him to Paris?

4 A Well, it was not really a professional invitation.



7 A I felt it was a friendship I was not interested in.

8 ( Continued on next page).

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18

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25

1 (Continued from the previous page.)

2 (Time noted 10:35 a.m.)

3 MS. HAST: Of Miriam Haleyi.

4 Q And at that point, again, what type of relationship

5 were you looking to have with Harvey Weinstein?

6 A I was looking to have a professional relationship with

7 Harvey Weinstein. Professional slash social. I feel like

8 there is a lot of overlap in the industry, in the entertainment

9 industry, and I was introduced by somebody who was a very close

10 friend of mine who had known him for a long time.

11 Q When you say professional slash social, describe for a

12 little bit what you mean by that in the context of the

13 entertainment industry?

14 A Well, I am just saying there is I a lot overlaps in

15 the entertainment industry between professional and social.

16 And so -- but I was obviously just looking for work

17 opportunities.

18 Q Now, at that point did you have any interest in Harvey

19 Weinstein romantically?

20 A No.

21 Q Did you have any interest in Harvey Weinstein

22 sexually?

23 A No.

24 Q Were you clear about that with Harvey Weinstein?

25 MR. CHERONIS: Objection. Foundation.

1 THE WITNESS: Sorry.

2 Q Were you clear about that, about your relationship

3 that you were seeking with him?


5 Q Did you act, in any way, romantically interested in

6 Harvey Weinstein?

7 A No.

8 Q Did you act, in any way, sexually interested in Harvey

9 Weinstein?

10 A No.

11 Q Did you hear from Harvey Weinstein again once he left

12 your apartment and you went inside?

13 A Yes.

14 Q And at that point, was your roommate Liz at home?

15 A She was not.

16 Q Was Peanut there?

17 A I believe so.

18 Q Describe the additional contact?

19 A Well, I heard from him and his assistant a few times

20 that day asking if I decided whether I was going to go to

21 Paris. And I said thank you so much, but no, I am not going to

22 come.

23 He said, well, just think about it again, you know and

24 he kept calling and I kept saying, thank you so much but no.

25 And --

1 Q Those initial communications that you were describing,

2 those were also phone calls?

3 A I am not -- I believe they were phone calls, yes.

4 Q And that was to that phone number that you had in your

5 planner that you were using at the time when you were in New

6 York?

7 A I believe so. I am not a hundred percent sure that

8 they were phone calls, but I -- it's more like a -- they were

9 phone calls than emails.

10 Q Can you describe Harvey Weinstein's tone during those

11 conversations of those phone calls?

12 A Well, he was persistent and -- persistent.

13 Q And what, if anything, happened sort of following

14 those repeated phone calls?

15 A Well, then later he showed up unannounced at the

16 apartment building. And I am not sure if he rang the intercom

17 or whether he called me on the phone and said he was outside,

18 but he had shown up there unexpectedly.

19 Q Did you try to get him to leave via phone initially?

20 A I did. I -- he wanted to come inside and I said it

21 wasn't a good time.

22 And so he said, you know, just talk to me like five

23 minutes. I want to see you for five minutes or something like

24 that.

25 Q And so, after you had said that it wasn't a good time,

1 did he remain outside of your building?

2 A Yes, he wouldn't leave.

3 Q And can you describe his tone at that point?

4 A It was just very persistent and insistent.

5 Q And what did you do?

6 A Well, I didn't want him to come into the apartment, so

7 I thought I will go out and see him outside, like outside by

8 the door.

9 So I left the doors open to go outside to open the

10 front door and um, and as soon as I opened it he just pulled it

11 apart like that and barged past me and walked down the hallway

12 and said where is it, where is it, and he was pointing and saw,

13 obviously, the door was open and he just walked into the

14 apartment.

15 Q And what did you do?

16 A I mean I was just standing there like, I didn't -- I

17 didn't know what to do. So I just like, oh, God. Oh, no, why

18 is he walking into the apartment.

19 Q Describe what happened?

20 Did you go into the apartment? Did you follow him

21 into the apartment?

22 A Yes.

23 Q And describe what happened once you were inside of the

24 apartment?

25 A Well, once we were inside of the apartment, we were

1 just standing there and he was basically standing there. He

2 asked a few things about the apartment and who I was living

3 with and then he was persisting with trying to convince me to

4 go with him on this trip to Paris.

5 Q Do you remember anything about the details of what he

6 was saying at that point?

7 A Well, at one point he said, okay, well, why don't you

8 just take your roommate if that will make you come. She can

9 come too. She can be your chaperone or whatever.

10 Q What were your responses to his request?

11 A Well, I was still trying -- I felt -- I was just

12 saying, thank you so much but no thank you. Basically, I am

13 not going to come.

14 Q Can you describe his demeanor in the apartment as he

15 is making these repeated requests?

16 A He was just very overwhelming and he wasn't -- he was

17 just very, very persistent and he was still friendly but it was

18 almost beggy and he was kind of very insistent and would not

19 take -- just accept the no.

20 Q Did you continue to hold your ground and say that you

21 were not going to go with him?

22 A Yes.

23 Q Was he listening?



1 Q Was he continuing to ask you to go?

2 A Yes.

3 Q At some point did he stop asking you to go?

4 A Yes.

5 Q Can you describe that?

6 A Well, at one point I had because I just didn't know

7 how to shut it down, so to speak, I just said something that I

8 have, you know, I was trying to say things.

9 And I said, you know, you have a terrible reputation

10 with women I have heard and it was more like a half joke or

11 something. I was trying to be friendly still.

12 But he got offended by that and he stepped back and he

13 said, what do you mean? What have you heard?

14 That sort of thing.

15 And I said, no, I am just saying like no, just in

16 general, like whatever, but that's when he backed off.

17 Q At that point did he leave your apartment?

18 A Yes.

19 Q I am going to show you what I have marked as People's

20 Exhibits 65 through 69.

21 Do you recognize People's Exhibit 65 through 69?

22 A I do.

23 Q What do you recognize those to be?

24 A So this is the front door of the apartment building

25 where I lived during that time.

1 Q And the additional pictures, are those also pictures

2 of various portions of the apartment building?

3 A Yes.

4 Q That you lived in?

5 A Yes, the hallway, yes.

6 Q Do those pictures fairly and accurately depict what

7 those areas of the department building where you lived in 2006

8 looked?

9 A Yes.

10 MS. HAST: At this point, I would like to move

11 into evidence People's Exhibits 65 through 69.


13 MR. CHERONIS: No, Your Honor.

14 THE COURT: Those are received into evidence,

15 next question.

16 Q And I have up on the screen People's Exhibit 65, if

17 you can just describe for the jury, what this photo is

18 depicting?

19 A So that's the very front door of the building.

20 Q And on the left-hand side, that's the buzzer system to

21 get into the building?

22 A Correct.

23 Q Sixty-six?

24 A Yes.

25 Q Actually, can you go back one moment to 65?

1 And in 65, can you see where you went when you went to

2 try to speak to the defendant outside?

3 A I was in this door, the doorway.

4 Q And where was the defendant when you got to the

5 doorway?

6 A He was at the door and he just opened it and barged in

7 when I opened it, he pulled it open.

8 Q And moving on top People's Exhibit Number 66.

9 What is this photo depicting?

10 A That is the hallway.

11 Q And is that sort of the vestibule between the front

12 entrance door and then a second doorway that leads into the

13 hallway of the apartment?

14 A Yes.

15 Q That second door, that you can see towards the far

16 back of the photo, how was -- was that positioned when you came

17 to the door to try to speak with the defendant?

18 A I am not sure but I -- it's -- it was either already

19 opened or I left it open.

20 MR. CHERONIS: Objection. Speculation.


22 Q Going to 67. And what is depicted in People's Exhibit

23 67?

24 A That's the -- that's the second part of the hallway.

25 Q So that is that a close up of that second door that

1 leads into your apartment building?

2 A Correct.

3 Q When you get to that point through that first door,

4 which way do you go to get to your apartment?

5 A A left.

6 Q And is your apartment actually on the first -- first

7 floor?

8 A Yes, on the ground. On the ground floor.

9 Q And so, looking at 68 and what is depicted in People's

10 Exhibit 68?

11 A That's part of the hallway leading to the -- to the --

12 to the door to the apartments.

13 Q So the very front of that photograph is that right of

14 sort of right at that vestibule area when you get through the

15 second door?

16 A Yes.

17 Q And that's looking straight down the hallway then

18 where you would turn to start going to your apartment?

19 A Correct.

20 Q And can you see your apartment yet in that photograph?

21 A I think it's around the corner to the right.

22 Q So when you get to the end of this hallway you would

23 make a right to get to your apartment?

24 A Yeah.

25 Q And moving to People's Exhibit 69. What is that

1 picture depicting?

2 A The front doors of two apartments.

3 Q And so, is this that hallway where after you make the

4 right this is the hallway that you would see?

5 A Yes.

6 Q And this is the hallway that leads then directly to

7 the apartment that you were living in at that time?

8 A Yes.

9 Q Do you recall specifically now which of those two

10 doors led to the apartment you were living in?

11 A It was 1A I think. So it was that -- I think -- or I

12 am not sure actually. I think it was the one on the left.

13 Q And when you came to the door and the defendant barged

14 in, the door to your apartment, was that open or closed?

15 A It was open.

16 Q What about the door next to it?

17 A I don't know. I believe it was closed.



20 Q If you can take that down, please.

21 Did you tell anybody about what happened when the

22 defendant barged into your apartment?


24 THE COURT: Sustained as to form.

25 Q Following the defendant barging into your apartment,

1 did you speak to somebody?


3 THE COURT: You want to narrow that so there is

4 no ambiguity.

5 Q Did you speak to your roommate, Liz, after you got rid

6 of Harvey Weinstein that evening or day?


8 THE COURT: Can you step up?

9 (Discussion held at the bench, off the

10 record.)

11 (The discussion off the record concluded,

12 and the following occurred in open court:)

13 THE COURT: All right. So we are going to take a

14 quick break. So Ms. Haleyi, if you want to return to the

15 witness room for a few moments.

16 (Witness is excused.)

17 THE COURT: And jurors, please remain mindful of

18 all of my prior admonitions and instructions during this or

19 any other recess.

20 Keep an open mind. Do not form an opinion as to

21 the guilt or innocence of the defendant.

22 Do not discuss this case among yourselves or with

23 anyone else nor allow anyone to discuss it in your presence

24 and certainly refrain from any and all research or

25 communication, electronic or otherwise, about anything,

1 whatsoever, to do with the case.

2 Have a good break. See you back here in about 10

3 minutes. Thank you.

4 (The jury exited the courtroom and the

5 following occurred:)

6 THE COURT: All right. The jurors have left.

7 Ms. Cheronis and Ms. Hast, please step forward.


9 record.)



12 THE COURT: So back on the record.

13 Mr. Cheronis, you had some objections to make?

14 MR. CHERONIS: Yes, Judge. We are objecting to

15 them eliciting testimony about her statements to Elizabeth

16 Entin. Whatever Ms. Haleyi said to her we believe they are

17 hearsay. They are not prompt outcries and we don't think

18 the jury should hear them.

19 THE COURT: Ms. Hast, would you state for the

20 record, what are you trying to elicit?

21 MS. HAST: The fact that she did have a

22 conversation with Liz Entin following the event with the

23 defendant in her apartment. And Liz Entin is an outcry

24 witness both to that incident, as well as to the sexual

25 assault that occurs a week or so later.

1 And it sort of completes the entire narrative,

2 what Liz is going to testify, with respect to her narrative

3 of Miriam and Miriam's relation, interactions and

4 relationship with Harvey Weinstein.

5 THE COURT: What is it that you plan on, like,

6 what exactly do you plan on eliciting from Miriam Haleyi?

7 MS. HAST: Just that she called Liz Entin after

8 the defendant left her apartment and had a conversation

9 with her about what happened.

10 THE COURT: Okay. And nothing more?


12 THE COURT: And then the next part?

13 MS. HAST: Then when Liz Entin testifies, she'll

14 talk about the fact that Miriam had called her and told her

15 about the defendant first coming into the apartment and her

16 having to get him out.

17 And then she'll talk about when Miriam comes home

18 and tells her about the sexual assault in Harvey

19 Weinstein's apartment a few weeks later.

20 THE COURT: Okay, can you both step up, so we can

21 refine that a little bit?


23 record.)



1 THE COURT: Back on the record.

2 Let's see, shall we get the witness first?

3 Why don't we get them simultaneously?

4 MS. ILLUZZI-ORBON: Your Honor, may I approach

5 with this thing?

6 THE COURT: Surely.

7 SERGEANT: Witness entering.

8 (Whereupon, the witness entered the

9 courtroom and was properly seated.)

10 MS. HAST: Judge, can we approach quickly?

11 THE COURT: Okay.


13 record.)



16 THE COURT: All right. Jury is entering.

17 (The jury entered the courtroom and the


19 THE CLERK: Case on trial continued. All parties

20 are present.

21 Do the parties stipulate that the jury is present

22 and properly seated, the People?

23 MS. HAST: Yes.

24 THE COURT: The defense?

25 MS. ROTUNNO: Yes.

1 THE COURT: Welcome back jurors. Ms. Haleyi is

2 already on the witness stand. Ms. Haleyi, let me just

3 remind you that you are still under oath. The same rules

4 apply. I think you have the microphone.

5 THE WITNESS: Yes.

6 THE COURT: And okay. It's on. Please resume

7 your inquiry.

8 CONTINUED DIRECT EXAMINATION

9 BY MS. HAST:

10 Q So when we left off before break I had asked you if

11 you called your roommate, Liz, after the defendant left your

12 apartment?

13 A I am not sure if I called her or if I just spoke to

14 her when I saw her.

15 Q And did you have a conversation with her about what

16 had happened in your apartment?

17 A I did.

18 Q How, if at all, did you think your denial to go to

19 Paris affected the professional relationship you were trying to

20 build with the defendant?

21 MR. CHERONIS: Objection; relevance.


23 THE WITNESS: Um, well, at that moment, after he

24 left, I felt like he didn't sort of like me any more

25 because of what I had said.

1 So, um, yeah, I was a little bit afraid he didn't

2 kind of like me as a person at that point.

3 BY MS. HAST:

4 Q Were you concerned about that?

5 A A little bit, yes.

6 Q Can you just describe that to the jury?

7 A Well, I wasn't interested in him sexually,

8 romantically. I wanted him to like me and I wanted to,

9 obviously, continue in a good relationship as to work

10 opportunity and like that, like that.

11 Q Did you have further contact by phone or email with

12 Harvey Weinstein or his office following your refusal to go to

13 Paris?

14 A I did.


16 A I don't actually remember the exact conversations. I

17 know that I returned the book that I read.


19 THE COURT: Sorry. Overruled.

20 THE WITNESS: And I don't remember the exact

21 conversations but I know I returned the book.

22 Q And did you get invited at some point to go to LA?

23 A Yes.


25 A Well, I was invited to LA to go to the Clerks 2

1 premier and I accepted because I had -- um, declined the offer

2 to go to Paris but this was quite different. And I wanted to

3 go to LA anyway because my friend was pregnant and about to

4 give birth. So I said okay, I can do that. I will take that.

5 Q Who invited you to go to Paris to see -- go to LA to

6 see the Clerks 2 premier?

7 A Harvey Weinstein did, although I am not sure whether

8 he personally asked me or whether he did it through an

9 assistant.

10 Q And when you described that it was different from the

11 Paris invitation, can you just describe that?

12 A Well, first of all, it wasn't as far as -- away. I

13 was just going on a regular trip by myself. I wasn't traveling

14 with him.

15 Q And where were you planning to stay when you went to

16 LA?

17 A I stayed with my friend who was pregnant.

18 Q Okay. What day were you scheduled to leave for LA?

19 A I don't remember the exact day but it's in my

20 calendar.

21 Q And I am going to pull up a portion of the calendar

22 that's People's Exhibit 77 and this is the page that's dated

23 July 10th through the 12th.

24 And do you see on that page of the calendar

25 information with respect to your trip to LA?

1 A Yes.

2 Q And where is that?

3 A It's in the middle, 11th of July on the Tuesday.

4 Q And so, that was your flight that was scheduled to go

5 to LA on Tuesday the 11th of July?

6 A Correct.

7 Q Who paid for the flight to LA?

8 A As far as I know, The Weinstein Company or Harvey

9 Weinstein.

10 Q And, by the way, at the bottom there circled, what

11 does that stand for on your calendar?

12 A That stands for when I got my period.

13 Q Directing your attention to the day before you went to

14 LA, so July 10th of 2006, did you have a conversation or a

15 meeting with Harvey Weinstein on that day?

16 A With him or his assistant, yes.


18 A Well, he suggested I come and see him at his apartment

19 in Soho.

20 Q And did you agree to do that?

21 A I did.

22 Q And why?

23 A I had no reason not to. It would have been odd to

24 decline when I had accepted to go to LA.

25 (Continued on the next page.)

1 Q What was your understanding of why you were going to

2 the apartment?

3 A I didn't know to be honest, I just went to stop by to

4 say hi, I didn't think it was a huge deal.

5 Q Do you see on your calendar any indication of meeting

6 with Harvey Weinstein on that day?

7 A Yes, so at the bottom of 10th of July it says H.W,

8 there would have been it.

9 Q Do you recall where his apartment was located?

10 A It was in Soho.

11 Q How did you get there?

12 A He sent a driver to pick me up.

13 Q Do you recall around when you went?

14 A I believe it was early evening or late afternoon.

15 Q Do you recall what the lighting was like when you went

16 to the apartment?

17 A I recall it being light outside.

18 Q What about when you left the apartment, do you recall

19 what the lighting was like when you left the apartment later

20 that day?

21 A I recall it being at least dusk.

22 Q Describe what happened when you arrived at the

23 apartment with his driver?

24 A So, we arrived at the apartment and he, the driver took

25 me upstairs in an elevator, an elevator that went straight into

1 the apartment or the loft. And once upstairs Harvey was there

2 and greeted me and the driver left.

3 Q Was there anybody else in the apartment besides the

4 defendant when you got in?

5 A No.

6 Q Do you recall how the defendant was dressed?

7 A I have a recollection of him wearing just a casual kind

8 of shirt, maybe perhaps white or light colored shirt and

9 trousers.

10 Q Describe his physicality at that point.

11 A Well, it was the same, he was a large man and -- yeah.

12 Q Were you approximately the same height and weight as

13 you were in Cannes?

14 A Yes.

15 Q Do you recall how you were dressed?

16 A I don't.

17 Q Describe the defendant's demeanor when you arrived at

18 the apartment?

19 A He was friendly, normal, he greeted me.

20 Q And what happened?

21 A He greeted me, invited me in. Asked me if I wanted

22 anything to drink, and I believe the television was on and we

23 were just having a normal exchange and sat down on the sofa.

24 Q Did you get anything to drink?


1 Q And where were you seated on the sofa?

2 A Just on the sofa, on one side and he was on the other

3 side.

4 Q And so what was the distance between he and you at that

5 point?

6 A A couple of feet.

7 Q What was that?

8 A A couple of feet maybe, two or three.

9 Q Describe what happened next.

10 A We were having a normal conversations, television was

11 on, we were sort of watching it a little bit half in between the

12 conversations, and then at some point fairly soon into me being

13 there, he came towards me and lunged at me, sort of trying to

14 kiss me.

15 Q Up to the point where he lunged at you, had you had any

16 conversations of a sexual nature?

17 A No.

18 Q Any conversations of a romantic nature?

19 A No, he would say things, yes.

20 Q At the point in the apartment while you were sitting on

21 the couch having a conversation?

22 A No.

23 Q Did you have, did that conversation involve anything of

24 a sexual nature?

25 A No.

1 Q Did that conversation involve anything of a romantic

2 nature?

3 A No, I mean I don't recall that.

4 Q So then described what happened at the point he lunges

5 at you?

6 A Well, I got up from the sofa and I said oh no, no, no,

7 I just kind of tried to reject him and push him away; and he

8 would just pull me back and keep kissing and fondling me. And I

9 got up and I tried to walk away from him but he pulled me

10 towards him and he was sort of walking towards me and I was

11 walking backwards trying to get away, but he would just come at

12 me.

13 Q What happened next?

14 A So, as I'm trying to get away from him, he just insists

15 and pulls me towards him while sort of walking into me, and he,

16 I walked backwards, he kind of led me, it is hard to explain.

17 He was coming towards me physically and I was backed into a

18 bedroom that was on the corner of that open space area through

19 the door.


21 A And he, I walked backward because he was pushing me

22 with his body until I got to the bed, and I fell backward on to

23 the bed, and I tried to get up, and he pushed me down.


25 A I had expressed during this entire time that I didn't

1 want to have any like, I just said no, no, no, like I don't want

2 this to happen, this is not going to happen, I'm on my period is

3 what I said next, as well, that was not why it was not going to

4 happen, but I was just trying to tell him everything to make him

5 stop.

6 Q Were you actually on your period?

7 A I was.

8 Q Continue.

9 A And so I tried to reject him, I mean I did reject him,

10 but he insisted, and everytime I tried to get up off the bed he

11 would push me back and hold me down with his arms sorry.

12 MS. HAST: Take a break if you need it, have a sip

13 of water.

14 Q Whenever you are ready to continue.

15 A Sorry.

16 Q I think you were at the point where you were trying to

17 get up from the bed.

18 A Correct. He pushed me down, he held me down by my

19 arms, and no, stay, like that, and I said no, no, and at that

20 point started realizing what was actually happening and I'm

21 being raped.

22 Q Do you remember sort of what was going through your

23 mind at that point?

24 A Yes.


1 A To some degree, I mean.

2 Q Could you describe what you remember for the jury?

3 A When I realized what was actually happening, I started

4 weighing up my options in my head, and I thought okay, I'm not

5 able to get away from him physically. So I thought, I thought

6 if I escalate this, if I scream rape, will someone hear me.

7 If I start kicking even harder, will I have a chance to

8 get away from him and will I actually get, will I be able to get

9 to the elevator, wait for the elevator, down the elevator, out

10 into the street without him catching me.

11 And if I do get all the way downstairs, is the driver

12 in on it, will he be there standing guard ready to scoop me up

13 if I get that far. And I couldn't even get away from him at

14 all, let alone get out of the apartment.

15 So ultimately after a while, I just checked out and

16 decided to endure it, that was the safest thing for me to do at

17 that point.


19 A He held me down on the bed and he forced himself on me

20 orally. I was on my period, I had a Tampon in there. I mean it

21 was, I was mortified.

22 Q So what did he do?

23 A He forced himself on me orally, he put his mouth on my

24 vagina.

25 Q And what if anything did you do or say at that point?

1 A I was just crying no.

2 Q Did he do anything else at that point?

3 A I kept trying to tell him no, don't go there, don't do

4 that. I said I'm on my period, I have a Tampon in there and it

5 was as if he didn't believe me.



8 A And something like well, where is it then, like that.

9 And he literally pulled my Tampon out.

10 Q Did he continue placing his mouth on your vagina after

11 that?

12 A Yes, but I don't really -- honestly, I was in so much

13 shock at the time, that I just checked out.

14 Q What is the next thing that you remember happening?

15 A At that point I don't remember much except when I left

16 the apartment, I remember walking out of the building and

17 looking to see if the driver was there the way I had thought.

18 Q Do you remember the defendant saying anything at any

19 point after he made the comment about the Tampon?

20 A No.

21 Q And when you got downstairs, did you see the driver?

22 A No.

23 Q What did you do?

24 A I just went home, but I felt relieved that I did not

25 see the driver because a part of me was like maybe it is not

1 that organized, maybe he's not that crazy, maybe--

2 MR. CHERONIS: Speculation, objection.


4 A There was a part of me for some reason at that moment

5 felt relief I had not seen the driver at least.

6 Q Do you remember how you got home?

7 A I guess I had to walk home.

8 Q I'm going to show you what is in evidence as People's

9 Exhibit 75, did you view this floor plan prior to testifying?

10 A I did.

11 Q Did you recognize some of the areas depicted in the

12 floor plan?

13 A I'm sorry.

14 Q Did you recognize some of the areas or the layout of

15 that floor plan?

16 A I did.

17 Q Does that fairly and accurately depict what the areas

18 of the apartment looked like or set up like when you were in it

19 on July 10, 2006?


21 Q And with the Court's permission, I ask the witness

22 approach the exhibit.

23 THE COURT: Sure.

24 Q If you could point for the jury where the elevator is

25 located on the floor plan there?

1 A It looks like it is here.

2 Q And that elevator, did that open up into a hallway or

3 did that open up directly into the apartment?

4 A As I remember it was directly into the apartment.

5 Q Can you see in that floor plan the area where you ended

6 up sitting on the couch with the defendant?

7 A Well, I'm not a hundred percent sure exactly about this

8 floor plan, but it would have been in the open area over here.

9 Q In that open area on the top left-hand corner of the

10 floor plan?

11 A Somewhere here, yes.

12 Q Do you recall where the couch was in relation to

13 windows in the apartment?

14 A It was near the windows.

15 Q Using that floor plan, show the jury sort of where you

16 went and what was happening at the point where you jumped off

17 the couch?

18 A If this is the correct floor plan, it would have been

19 here. I would have got up to leave this way and he pushed me

20 into here.

21 Q When you say -- just for the record, indicating the

22 witness is pointing to the open area that has the label of 51

23 feet 10 inches times 27 feet six inches towards the bottom of

24 that room, then indicated going down the hallway sort of

25 underneath that room and into the room that is on the left that

1 is labeled 15 feet 10 inches by 12 feet five inches, that is the

2 first room labeled that from that large room.

3 When you say pushed you into the room, can you describe

4 again for the jury exactly what was happening between the

5 defendant and you as you were going into that room?

6 A He was coming at me and I was trying to get away, but

7 he was basically backing me up like that, like that, with his

8 weight and his body.

9 THE COURT: Ms. Hast, the mic.

10 Q Say it in the microphone. Could you remember anything

11 about that room or what was in that room?

12 A I remember seeing children's drawings on the walls and

13 I also remember seeing some hair colors on a shelf, but it was a

14 very dimly lit room, there was not a lot of light in there.

15 Q How far did you have to get back into the room before

16 you hit the bed?

17 A Not very far, it was not a huge room.

18 Q If you could just describe once you are in that room,

19 what happens?

20 MR. CHERONIS: Objection, asked and answered.


22 A He backs me into the room until I fall on to the bed

23 backwards.

24 Q And you had described the defendant holding you down,

25 can you describe for the jury exactly what he was doing to hold

1 you down?

2 A Well, he was holding me down by my wrists and also

3 pushing me down and also laying on top of me with his weight,

4 and pushing me down.

5 Everytime I tried to get up he would push me back down,

6 like no stay, like that.

7 MS. HAST: For the record, initially when the

8 witness described holding her down, she had her right arm

9 up with her hand about shoulder level and indicated her

10 wrist or forearm area. Then was using her hands to pushing

11 forward when she was describing pushing her back down.

12 A Yes and --

13 Q Go ahead.

14 A And pushing my chest down also.

15 Q And at the point he, the defendant put his mouth on

16 your vagina, can you just describe what he was doing and what

17 you were doing at that point, physically?

18 A Physically I was trying to get away until I figured it

19 was pointless and I was just squirming and I checked out

20 basically.

21 Q You can have a seat.

22 A Thank you.

23 Q Do you recall getting home to your apartment?

24 A I don't.

25 Q Did you tell anybody what happened to you in those

1 initial hours or days following the incident?

2 A I don't remember the exact conversation, but I did tell

3 my friend Liz who I was living with.

4 Q Did you tell Liz when you first had an opportunity to

5 speak with her?

6 A I believe so, but I don't remember the exact

7 conversation.

8 Q Did you call the police?

9 MR. CHERONIS: I object to the foundation.


11 Q Did you call the police?

12 A I did not.

13 Q Why not?

14 A I thought about my options, and I decided that going to

15 the police was not an option for me because having been on

16 Project Runway, my tourist visa was not -- I didn't want to, was

17 very much part of the story and I didn't want anyone to ask

18 about that and for there to be consequences for me because of

19 that.

20 Q Do you have any other considerations as well?

21 A Also well, obviously, Mr. Weinstein has a lot more

22 power and resources and connections and so forth. I didn't

23 really think I would stand a chance, I feel like he would have

24 made sure --



2 MS. HAST: If I can clarify what part of that

3 answer, was the whole answer sustained?

4 THE COURT: Just that later part.

5 MS. HAST: Just that last part.

6 Q Directing your attention to the next day, July 11,

7 2016. Did you go to Los Angeles?

8 A I did.

9 Q And why?

10 A Because it was already booked and I wanted to see my

11 friend who is about to give birth to my Godson.

12 Q Do you recall when the Clerks Two premier was scheduled

13 for?

14 A Yes, that evening.

15 Q Did you go to the Clerks Two premier?

16 A No I did not.

17 Q Did you hear from Harvey Weinstein while you were in L.

18 A.

19 A I did.

20 Q Can you describe that for the jury?

21 A He called me with his assistant that evening after his

22 premier and asked me why I had not shown up.

23 Q Can you describe the tone of his voice during that

24 conversation?

25 A He was irritated.

1 Q What was your response and reaction to that call?

2 A I mean I just, I don't know, I just -- I had not gone,

3 so --

4 Q Do you recall what if anything you said to him during

5 that call?

6 A No. He asked me why I had not shown up, I just gave

7 him some excuse, and -- and I remember that he said that he was

8 leaving town and so I would not see him and I said that's fine.

9 Q Did you have any additional communications with the

10 defendant or his employee while you were in L. A that you

11 recall?

12 A Not that I recall, no.

13 Q Were you planning to go back to New York City after

14 your trip in L. A?

15 A Well, I could see in my calendar that I did, I don't

16 remember exactly what my plan was after that.

17 Q Do you recall how long you stayed in L. A.

18 A I stayed until the birth of my friend's baby.

19 Q Did the Weinstein Company pay for your entire round

20 trip ticket to L. A.?


22 Q Did you hear from the defendant when you returned to

23 New York City?

24 A When I returned or before, but I do not remember the

25 conversation.

1 Q Do you recall what the substance of the conversation

2 was?

3 A I don't remember the conversation, but he would have

4 asked me to come, at some point he asked me to come and meet him

5 again.

6 Q And where did he ask you to meet him?

7 A At the Tribecca Grand Hotel.

8 Q What was your understanding of that meeting or where

9 that meeting was to take place?

10 A Well, I believed I was going to go there and meet him,

11 but it was not made clear to me that it would be in a room or

12 anything like that. He was just there. I assumed it would be

13 at the Mercer downstairs.

14 Q How were you dealing with the incident from July 10,

15 2006 personally at that point?

16 A I was still trying to make sense of what, what that

17 even was. I was trying to make sense of what had happened, why

18 it had happened, and I felt very trapped in not being able to

19 really do anything about it because I did not want to go to the

20 police because of my own situation.

21 And yes, I just, I was not sure how to handle it.

22 Q Did you go to the Tribecca Hotel to meet with the

23 defendant?

24 A I agreed to meet him, yes.

25 Q Did you see a marking in your calendar with respect to

1 that meeting as well?

2 A I believe it is in there, yes.

3 Q I'm going to show you the calendar, this is People's

4 Exhibit 77, the calendar page from Monday, July 24th through

5 Monday July 26th. Through Wednesday July 26th.

6 If you could, looking at the calendar entry, can you

7 direct the jury to where that entry is?

8 A Yes, on Wednesday the 26th of July down here at five

9 p.m, H. W.

10 Q Did you have an appointment following that as well?

11 A Yes, I was going to dinner with a friend.

12 Q Why did you agree to meet the defendant at the Tribecca

13 Hotel that evening?

14 A I don't remember the conversations leading up to it.

15 He was very persistent and insistent in his way, and he

16 convinced me to agree to meet him again.

17 Q Do you recall anything about what you were wearing the

18 day that you went to meet him on July 26, 2006?

19 A I don't remember everything I was wearing, but for some

20 reason I just remember my shoes. I was wearing a pair of

21 vintage snake skin shoes. I just remember them being so

22 extremely battered that it stuck in my mind.

23 Q Do you recall how you were feeling -- withdrawn. How

24 did you get to the hotel?

25 A I walked there.

1 Q Do you recall how you were feeling when you were

2 walking to the hotel?



5 A I don't recall exactly how I was feeling except I was,

6 I remember thinking I'm kind of trying to keep some sort of,

7 some sort of, I feel like I was trying to regain some sort of

8 power or something. But I looked down at my shoes and I thought

9 oh my God, I just look like such a hobo.

10 Q What happened when you got to the Tribecca Hotel?

11 A I actually don't recall whether an assistant took me

12 upstairs or whether the front desk sent me upstairs, but I was

13 one way or the other sent to meet him in a room inside.

14 Q What happened when you got to the room?

15 A Almost instantly he basically just took my hand like

16 that and just pulled me towards the bed.

17 Q Do you remember much of what happened at that point?

18 A At that point, well, I just thought well, I just went

19 numb and I just thought here we go again type of thing, and I

20 was just, I just felt like an idiot.

21 Q Can you tell the jury why you felt that way?

22 A Because I had made it so clear and fought him off and

23 made it very, very clear that I was not interested in him and he

24 had managed to convince me to meet him again just to do, do

25 something like that to me again, and I felt like an idiot for

1 having believed whatever he was saying, even though I do not

2 remember the conversations.

3 Q Do you recall anything about what happened?

4 A Yes, he pulled or led me on to the bed and I didn't

5 resist physically, I just laid there.

6 Q What did he do?

7 A He had intercourse with me.

8 Q Do you recall anything about -- withdrawn. Was

9 anything being said between him and you?

10 A He said things like something about -- he said

11 something like you are a whore and a bitch, but I think in a way

12 which he thought that was going to somehow turn me on.

13 MR. CHERONIS: Objection, speculation.


15 A I was, I was like motionless and just saying I'm not a

16 bitch, I'm not a whore.

17 Q Do you recall anything about how you were feeling at

18 that point?

19 A I was feeling very, I mean I was just, I felt numb, I

20 felt numb, I felt like an idiot and I felt numb.

21 Q Did you go to dinner with your friend that night?

22 A I don't recall.

23 Q Did you tell anybody about what happened after that

24 second encounter?

25 A I don't think so.

1 Q Why not?

2 A It was deeply embarrassing.

3 Q How did you feel about yourself following that

4 encounter?

5 A It was just embarrassing, I was embarrassed.

6 Q Did you blame yourself?



9 A For that time I did, yes.

10 Q Just describe that.

11 A Well, the first incident was deeply embarrassing, but I

12 didn't blame myself. The second time I had not struggled and I

13 gone there and I blamed myself.

14 Q Did you want to have sex with Harvey Weinstein that

15 night?

16 A No.

17 Q Did you do anything that would make him think you

18 wanted to have sex with him that night?

19 A No.

20 Q Ultimately, withdrawn. Did you return to London

21 shortly after that incident?

22 A I don't remember, according to my calendar, soon after,

23 yes.

24 Q Showing you People's Exhibit 77, the last page that

25 starts with the date Monday July 31st and goes to the date

1 Wednesday August 2nd.

2 Do you see a notation in your calendar regarding your

3 flight from New York to London?

4 A Yes.

5 Q Can you point that out for the jury?

6 A It is the second of August, Wednesday.

7 Q That is that part that says J. F. K to London, Virgin

8 6:45 p.m?

9 A Right.

10 Q How did you decide to deal with the defendant following

11 those interactions that you described once you had returned to

12 London?

13 A Honestly, I didn't know how to deal with it, so I just,

14 it is almost like I just put it away in a box and pretended like

15 it didn't happen and just carried on as usual.

16 Q In carrying on as usual, what did that mean with

17 respect to the defendant?

18 A I carried on relating to him exactly the way I had

19 before anything happened.

20 Q And how was that?

21 A I was looking to have a regular kind of professional

22 connection to him.

23 Q Did you still communicate with him after that?

24 A I did.

25 Q Describe the communications that you had?

1 A Yeah, they were not very extensive, but I would get in

2 touch to pass on scripts of my friends and if I had project

3 ideas I would get in touch to see if I could pitch him an idea

4 or see if he knew somebody who could help me with a specific

5 thing.

6 It was always within the context of some work

7 opportunity or project or perhaps a screen play.

8 Q At some point that summer, had he recommended you speak

9 to somebody about a TV show?

10 A Sorry.

11 Q At some point that summer, had he recommended you speak

12 to somebody about another TV show?

13 A At some point yes, he had suggested that when I get

14 back to London I could work on pleasure of project catwalk.

15 Q What is that?

16 A A British version of Project Runway.

17 Q Did you take advantage of that recommendation?

18 A I was open to it, but ultimately no.

19 Q Did you ever meet with him again?

20 A Yes, I met with him in London to pitch him an idea I

21 had with my laptop and I showed him a video.

22 Q Do you recall where that was?

23 A I'm not sure, but according to my calendar, it was at

24 the Claridges Hotel.

25 MR. CHERONIS: I did not hear.

1 A According to my calendar it was at Claridges Hotel.

2 Q Were you alone with him there or were there other

3 people around?

4 A There was assistants and people sort of in and out.

5 Q Did you run into him at other events as well?

6 A At some point I ran into him in Cannes again, I think

7 the following year, very briefly, a bump-in.

8 Q Did he reach out to you by phone at one point in Cannes

9 as well?

10 A Yes, after I bumped into him I think.

11 Q Did you have any sort of additional interactions with

12 him in Cannes other than just the bump in?

13 A He organized some tickets to see a premier but I

14 believe I never actually made it.

15 Q And how long did you continue sort of reaching out to

16 the defendant with professional things?

17 A Not for very long, perhaps the year or two following,

18 then eventually maybe a few years later. I know I did send him

19 one more e-mail saying I was saving up for kundalini to teach

20 training and did he have any work, even a sub runner.

21 Q Around that point in the winter of 2009, was that when

22 you sort of switched career paths from production TV and movies

23 to what you are doing now?

24 A Yes, approximately.

25 MS. ILLUZZI: Sorry judge, one more minute please.

1 Q I'm just going to take you back, I apologize, to July

2 10, 2006. I think you were describing sort of ultimately what

3 you decided to do after you stopped fighting?

4 A Yes.

5 Q It was sort of unclear the word you used, if it was

6 enjoy or endure, can you repeat what you said?

7 A Endure.

8 Q How long did that event would you estimate last in its

9 entirety?

10 A I honestly don't know, I don't recall.

11 Q Now, in October of 2017, without telling us what was

12 said, did you read or hear news about the defendant?

13 A I did.

14 Q Did friends reach out to you about the defendant as

15 well?

16 A Not reach out, but it came up in conversation.

17 Q Did you reach out to an attorney during that time?

18 A Eventually, yes.

19 Q What made you reach out to an attorney?

20 A Well, when I first heard the stories that came out, I

21 really was not --

22 MR. CHERONIS: I object to relevance.

23 A Okay.


25 MS. HAST: Sorry, you sustained that?

1 THE COURT: I did, unless Mr. Cheronis is going

2 to cross examine on this area.

3 MR. CHERONIS: I withdraw the objection.

4 THE COURT: Go ahead.

5 A I just got distracted. Can you repeat.

6 Q You said you reached out to an attorney, can you just

7 describe why?

8 A Well, at first I was not going to, you know, I felt, I

9 didn't really want to necessarily -- sorry, can I start again.

10 I'll just answer your questions then. Which is I had, after a

11 lot of thought, come to the conclusion that I would like to

12 support with my voice and share my experience with women that

13 already come forward.


15 Q Without getting into the details why, you wanted to

16 share your voice. Did you want to talk to the attorney about a

17 specific concern you had before sharing your voice?

18 A Yes.


20 A I was still worried about the fact that part of the

21 story was that I had gone and worked on Project Runway on my

22 tourist visa.

23 Q Did you ultimately make a public statement about what

24 happened to you?

25 A Yes.

1 Q And after going public, did you meet with people from

2 the District Attorney's Office?

3 A Eventually, yes.

4 Q Are you suing Harvey Weinstein?

5 A No.

6 Q Have you got any money from Harvey Weinstein other than

7 the pay from Project Runway and some tickets, flight tickets?

8 A No.

9 Q By the way, did you change the spelling of your name?

10 A I did.

11 Q Was that after you went public?

12 A Yes.

13 Q Can you describe that for the jury.

14 MR. CHERONIS: Objection relevance, and if I can

15 approach.


17 A I changed the spelling of my name because it was a very

18 small change, just the last letter, and I had been thinking

19 about that change for a very long time.

20 Now, when I went public, one of the things I was not

21 even thinking of was the fact that whenever you Google me, that

22 is all going to come up. An employer, whoever wants to Google

23 me, so I thought you know what, this is a good time to make that

24 change, and to make it more generic and for the results to just

25 be about this.

1 Q How was your name spelled before you made the name

2 change?

3 A H. A. L. E. Y. I.

4 Q What is it now?

5 A H. A. L. E. Y.

6 MS. HAST: No further questions.

7 THE COURT: Mr. Cheronis, cross examination.

8 CROSS EXAMINATION

9 BY MR. CHERONIS:

10 Q Good afternoon.

11 A Good afternoon.

12 Q Can you describe to the member of the jury how on July

13 10, 2006 you went to Harvey Weinstein's Soho apartment?

14 A How I got there?

15 Q You described you did in fact go there?

16 A Yes.

17 Q At that apartment, you described for the members of the

18 jury that you were sexually assaulted?

19 A Yes.

20 Q Now, Ms. Hast asked you some questions about your

21 subsequent contact with Mr. Weinstein. Do you remember those

22 questions?

23 A Somewhat, yes.

24 Q You ran into him at times?

25 A Yes.

1 Q You ran into him at the Cannes Film Festival in 2008?


3 Q You actually called him while he was in France, did you

4 not, at the Cannes Film Festival?

5 A Yes, we called each other, I'm not sure who called

6 first.

7 Q Okay.

8 MR. CHERONIS: If I may approach, your Honor.

9 THE COURT: Give it to the officer.


11 Q I want to clarify, there is a highlighted phone number,

12 that is your phone number, isn't it?

13 A It is, yes.

14 Q It is an incoming call to Mr. Weinstein?

15 A Yes.

16 Q You saw Mr. Weinstein at the Cannes Film Festival?

17 A Yes.

18 Q Do you remember where it was you saw him?

19 A I don't.

20 Q But you did actually make eye contact with him when you

21 were at Cannes?

22 A Yes, I believe so, yes.

23 Q Well --

24 A Well --

25 Q You actually bumped into him, didn't you?

1 A I'm not actually sure.

2 Q Do you remember seeing him at the Cannes Film Festival

3 in 2008 when you were there?

4 A I do not remember the exact meeting, no.

5 Q I'm going to show you what I'll mark as Defense Exhibit

6 Number --

7 THE CLERK: You have E available.

8 THE COURT: Let's go beyond, E is not available,

9 so M.

10 Q Show this to Ms. Haley.


12 Q Do you recognize that as your e-mail address, ma'am?

13 A Yes, yes.

14 Q That is an e-mail you sent to Harvey Weinstein?

15 A Yes.

16 Q That is a true and accurate depiction of the actual

17 e-mail you sent, correct?

18 A Yes.

19 MR. CHERONIS: Date is June 27th of 2008, right?

20 A Yes.

21 MR. CHERONIS: I ask this be published.

22 MS. HAST: No objection.

23 THE COURT: Defense M is received into evidence.

24 ( Shown to jury).

25 Q Zoom in on that. Is this the last time you saw Harvey

1 Weinstein in person before today?

2 A I believe so.

3 Q If you look at this e-mail, it says hi Harvey, how are

4 you, great to see you in Cannes, correct?

5 A Uh huh.

6 Q Am I right?

7 A Yes.

8 Q You did see him, right?

9 A Yes.

10 Q When you saw him, you approached him, talked to him?

11 A I would presume so from this e-mail, but I do not

12 remember the exact meeting.

13 Q That was two years after approximately the incident at

14 the Soho apartment, correct?

15 A Yes.

16 Q And we have already gone through some phone records,

17 you at least called him once while he was in Cannes in 2008?

18 A Yes.

19 Q The e-mail you sent to him hi Harvey, how are you,

20 great to see you?

21 A Yes.

22 Q Those were your words you chose to put on to the paper?

23 A Yes.

24 Q You said I noticed an article in today's New York Post

25 about the Adams Family being turned into a play, musical?

1 A Yes.

2 Q Because after you saw Harvey, you read the New York

3 Post and there was an article in there about that very thing,

4 correct, that would make sense?

5 A That would make sense based on this e-mail.

6 Q Then you say to Mr. Weinstein just to remind you what a

7 genius I am, didn't I tell you that it was a great idea like

8 three years ago at the Mercer bar, um, you said that?

9 A Yes.

10 Q Then you signed it, how did you sign that to Mr.

11 Weinstein?

12 A Lots of love.

13 Q Miriam, lots of love?

14 A Lots of love, Miriam.

15 Q Now, the meeting you are referring to, the Mercer bar,

16 you testified about that in front of this jury earlier today,

17 correct?

18 A Yes.

19 Q That was the same summer you met Mr. Weinstein, wasn't

20 it?

21 A Yes.

22 Q The same summer you worked at Project Runway?

23 A Yes.

24 Q That was also the same summer where you told this jury

25 you were sexually assaulted by Mr. Weinstein, correct?

1 A Yes.

2 Q And when you read that article, you started to

3 reminisce about that meeting at the Mercer, didn't you?

4 A Yes, but --

5 Q That is what you sent him, that e-mail?

6 A Yes.

7 Q You signed it lots of love?

8 A Yes.

9 Q You talked to him also when you were in Cannes, did you

10 not?

11 A Yes.

12 Q When you saw him in Cannes -- when you identified him

13 in court, you said I know him, right?

14 A Yes.

15 Q When you saw him in Cannes, you did not walk away and

16 go in the other direction, did you?

17 A No.

18 Q You still had his phone number?

19 A Yes.

20 Q You still used it, still talked to him?

21 A Yes.

22 Q And Mr. --

23 A Yes, not often, but yes, occasionally.

24 Q That is the same Harvey Weinstein who asked you to come

25 to his apartment in Soho, correct?

1 A Yes.

2 Q And Mr. Weinstein responded to this e-mail, did he not?

3 A Yes.

4 Q Mr. Weinstein's response was Miriam, you are a genus,

5 it is good to hear from you, all my best, Harvey?

6 A Yes.

7 Q The same Harvey Weinstein whose apartment you were in

8 on July 10, 2006?

9 A Yes.

10 Q Same Harvey Weinstein you reached out after you saw him

11 at Cannes?

12 A Yes.

13 Q Now, all those words in that e-mail, you didn't know

14 anybody would ever see those other than you and Mr. Weinstein,

15 did you?

16 MS. HAST: Objection.

17 A That --


19 A That is actually not true.

20 Q Well, you sent it to him directly, didn't you?

21 A I presumed his assistant gets his e-mails.

22 Q Okay. You testified that before knowing Mr. Weinstein,

23 you knew an individual named Michael White, correct?

24 A Yes.

25 Q And Michael White was a very well known producer in his

1 own right, wasn't he?

2 A Yes.

3 Q He was a man who not only was a producer, he was a

4 pretty popular individual in the industry, wasn't he?

5 A Correct.

6 Q He threw some great parties?

7 A Yes.

8 Q He knew a lot of famous people?

9 A Yes.

10 Q He knew a lot of other producers?

11 A Yes.

12 Q Through your time with Mr. White working as his

13 personal assistant, you got to know and meet some of those other

14 producers and famous people, isn't that fair to say?

15 A Yes.

16 Q In the summer of 2006 you were 29 years old, right?

17 A Yes.

18 Q You had been living either on your own or with Michael

19 White, on your own working for Michael White for a period of

20 time, right?

21 A I had worked for him for a period of time, yes, I was

22 not living with him.

23 Q I didn't mean it like that. I just meant you were

24 working with him?

25 A Yes.

1 Q Now --

2 A Up until 2005.

3 Q Sure, through your friendship with Michael you were

4 friends with him?

5 A Yes.

6 Q You met Harvey Weinstein?

7 A Yes.

8 Q It is your testimony the first time you meet Harvey

9 Weinstein is in 2004 at the premier for the movie The Aviator?

10 A The U.K premier, yes.

11 Q A movie directed by Martin Scorsese with Leonardo

12 Dicaprio in it, a big movie?

13 A Yes.

14 Q This was an industry party but it was social, wasn't

15 it?

16 A It was a movie premier, after party for a movie

17 premier, it is an industry party.

18 Q Mr. White and Mr. Weinstein started talking because

19 they knew each other?

20 A Correct.

21 Q You were with Mr. White?

22 A Correct.

23 Q Mr. Weinstein, according to you, made a joke about what

24 he was going to name his company?

25 A Correct.

1 Q His company is Miramax or was Miramax?

2 A No, I believe it was Weinstein Company already at that

3 point.

4 Q You understand his company at one point was Miramax,

5 right?

6 A He actually explained that to me. I knew his company

7 was Miramax, I did not know what the reference was to until he

8 explained it to me.

9 Q It was a friendly conversation?

10 A Yes.

11 Q In between the meeting at The Aviator premier and when

12 you met Mr. Weinstein in 2006, Michael White got ill, didn't he?

13 A Yes, very.

14 Q His company unfortunately went under?

15 A Correct.

16 Q You were working with Mr. White and when he got ill,

17 that affected your ability to earn a living because he was your

18 employer?

19 A Yes.

20 Q And in 2006, you go to France to the Cannes Film

21 Festival?

22 A Yes.

23 Q The Cannes Film Festival is something that happens

24 every year?

25 A Yes.

1 Q A lot of parties at the Cannes Film Festival, industry

2 related but also very social, right?

3 A Correct.

4 Q And at the Cannes Film Festival you were standing on a

5 friend's boat I believe, isn't that right, a friend named

6 Nicholas?

7 A On that occasion, yes.

8 Q From looking through your calendar, we do not need to

9 go through the whole thing. You had a lot of events that were

10 planned at that first week the a the Cannes Film Festival right,

11 different parties?

12 A Probably, if I recall.

13 Q At one of these parties, maybe a boat party, you see

14 Harvey Weinstein?

15 A I don't recall exactly where I saw him, but yeah.

16 Q Do you remember telling the State at some point in June

17 of 2018?

18 A Sorry, we are talking about 2006, yes.

19 Q Was it a boat party?

20 A Possibly, because when I would have met him, when I did

21 meet him, it looked like in my calendar there was a boat party.

22 Q When you are testifying, I know you looked at your

23 calendar, you have a memory of your events or are you relying on

24 the calendar?

25 A I don't remember exactly where I met Mr. Weinstein. I

1 met him at an event, whether that was, on a both or somewhere

2 else, I'm not a hundred percent sure.

3 Q When you met Mr. Weinstein, you walked up to him and

4 struck up a conversation with him, correct?

5 A I cannot say that for sure it was me walking up to him.

6 Q You recognized him, didn't you?

7 A I did.

8 Q You recognized him from not only being on television or

9 the Oscars, but the introduction with Michael White, right?

10 A Correct.

11 Q At that point when you spoke to Mr. Weinstein, did you

12 talk at all about Michael White's health?

13 A Possibly, but I don't recall.

14 Q It is your testimony at that point Mr. Weinstein and

15 you discussed you possibly working in a production in New York,

16 right?

17 A No, I was just inquiring about it.

18 Q So, what you said to Mr. Weinstein, you'll go to New

19 York and wanted to know if he had any potential jobs for you?

20 A Correct.

21 Q It is at that point you said Mr. Weinstein said to you

22 come to my hotel and we will talk about it or come to a hotel

23 and we will talk about it?

24 A He said I believe he said to call him to arrange a

25 meeting.

1 Q And did he give you his number at that point?

2 A I don't recall.

3 Q Because the People introduced a Majestic sort of piece

4 of paper.

5 A Yes.

6 Q You had not been to the Majestic before that, had you?

7 A Other reasons, no, but not to see him.

8 Q It's fair to say you would have got that piece of paper

9 with Mr. Weinstein's number on it at the Majestic?

10 A Yes, but I may have got his assistant's number before

11 then.

12 Q It is possible?

13 A Yes.

14 Q Mr. Weinstein asks you if you'll meet him at the

15 Majestic to talk about this job opportunity?

16 A Yes, at the Weinstein Company offices at the Majestic,

17 yes.

18 Q Now, Mr. Weinstein, was he staying there personally?

19 A From what I heard he was not, but I cannot be sure.

20 Q He was staying at the Hotel Martinez, wasn't he?

21 A I had no idea, I thought he stayed at the hotel Du-Cap,

22 but that was just a rumor I heard he had a suite there every

23 year.

24 Q Do you remember telling the People in 2018 when you

25 initially talked to them the meeting was at the Hotel Martinez?

1 A I don't recall, but I may have mixed the two up. They

2 are very similar and almost next to each other.

3 Q If we could go to June 24th on your calendar. Sorry,

4 May 24th. This is May 24th. Look at the calendar, there is a

5 spot up there. You can see that says Hotel Martinez, right, in

6 the middle on the 23rd?

7 A Yes.

8 Q Do you remember going to the Hotel Martinez for any

9 reason?

10 A No, but I've been to most of the hotels.

11 Q What I'm asking you, do you remember going to the Hotel

12 Martinez on May 23rd?

13 A No.

14 Q Now, you told the members of the jury that after the

15 massage request at the Majestic, we will talk about that,

16 afterward, Mr. Weinstein reached out to you, correct?

17 A Either him or his assistant did, yes.

18 Q If you look at Monday, May 22nd, the name Barbara is

19 written there?

20 A Yes.

21 Q Next to it, the last name is crossed off, right?

22 A Yes.

23 Q That is Barbara Schneeweiss, that is her number, a 323

24 area code?

25 A I don't know, but I presume so, yes.

1 Q So did you have Barbara Schneeweiss's phone number on

2 May 22nd before you went to the Majestic?

3 A No.

4 Q But it is there on May 22nd?

5 A Yes, sometimes I doodle wherever there is room.

6 Q Okay. Would it have been there within those three days

7 that you had Barbara Schneeweiss's phone number?

8 A I'm not sure exactly when I got Barbara Schneeweiss's

9 phone number.

10 Q You told the members the jury somebody reached out to

11 you after you left the Majestic to offer you this job at Project

12 Runway?

13 A Harvey Weinstein may have already suggested it at the

14 hotel, but I did not think anything would actually come of it

15 considering how he treated me. However, I was surprised to see

16 it did.

17 Q But Barbara's number we can agree is on there in the

18 portion for May 22nd, correct?

19 A It is.

20 Q Then there is the Majestic meeting with you and Harvey

21 Weinstein that you just told the members of the jury about,

22 right?

23 A Correct.

24 Q And you are invited to the Majestic, if you look at

25 this calendar now, look at Paul Allen's boat party, do you think

1 you met Mr. Weinstein or not sure?

2 A Not sure.

3 Q One of those parties, fair to say?

4 A It would have been at one of the parties, yes.

5 Q Then the next day there is a meeting with Harvey

6 Weinstein?

7 A Yes.

8 Q You see that crossed off up there under the 23rd?

9 A Yes.

10 Q Do you know what it says under there?

11 A I'm not sure, no.

12 Q Could it say Paul, Harvey, and Emily?

13 A Yes probably, possibly, yes.

14 Q Do you know why you would have crossed that off?

15 A Maybe because I called, because I would doodle after I

16 had done something I had written down.

17 Q Then do you know why you would have crossed off

18 Barbara's last name?

19 A Perhaps because I could not spell it, I don't know.

20 Q In any event, you wind up going to the Hotel Majestic,

21 right?

22 A Yes.

23 Q When you get to the Hotel Majestic, there is an

24 individual there, an assistant of Mr. Weinstein?

25 A Correct.

1 Q That assistant brings you up to the room?

2 A Correct.

3 Q Do you remember what you did earlier that day on the

4 24th at the Cannes Film Festival, do you remember where you

5 went?

6 A I don't.

7 Q When you get to the Hotel Majestic, you get brought to

8 Mr. Weinstein's room, right?

9 A Yes.

10 Q The two of you, according to your testimony, have a

11 brief conversation about whatever?

12 A Yes.

13 Q At some point you say Mr. Weinstein asks you about

14 massages?

15 A Yes.

16 Q He asked if you'll give him a massage or at some point

17 if he can give you a massage, right?

18 A Correct.

19 Q At this point you told the members of the jury you were

20 very upset to say the least, right?

21 A I was offended, yes.

22 Q You were offended because this was a business meeting

23 you thought you were going to potentially talk about Project

24 Runway?

25 A No, not Project Runway at that point.

1 Q Something else?

2 A I allegedly I went there to meet him to ask if he had

3 anything, any production work I could help on, yes.

4 Q During the course of that meeting, it is your testimony

5 Mr. Weinstein propositioned you with a massage, right?

6 A Repeat.

7 Q Propositioned you with a massage?

8 A He did, yes.

9 Q And you were humiliated is the word you used?

10 A I was.

11 Q You left and you left the room, you testified you

12 started crying?

13 A Once I left the hotel.

14 Q And when did Mr. Weinstein give you his phone number

15 during the course of that?

16 A I don't recall when he actually gave it to me.

17 Q Somebody's phone number is usually the last thing you

18 get, right?


20 A Probably.


22 Q Was it after Mr. Weinstein had made these propositions

23 and you were walking out the door he gave you his phone number?



1 A Possibly, probably.

2 Q Then you said at some point later you received a call

3 from Mr. Weinstein but you do not really remember it?

4 A I don't remember if it was from Mr. Weinstein himself

5 or an assistant, but somebody came through to arrange for me to

6 go help out on Project Runway.

7 Q Mr. Weinstein gave you his number?

8 A Yes, I may have followed up with his office.

9 Q So we are clear, you called Mr. Weinstein's office

10 after this massage request?

11 A Yes.

12 Q And when you called Mr. Weinstein's office, who did you

13 talk to?

14 A Actually I'm not sure, but yes, yes.

15 Q Were you thinking in your head at this time, this

16 massage incident occurred, why am I going to call this guy for a

17 job?

18 A No, I needed a job.

19 Q And isn't it true that Project Runway was already in

20 production at that point?

21 A Correct.

22 Q And being in the production industry, you are aware it

23 was probably fully staffed by the time that you would have got

24 involved, correct?

25 A Yes.

1 Q Isn't it true when you spoke to Mr. Weinstein, you

2 actually had to tell him I'll do anything, I'll be a runner, I

3 just want experience?

4 A Correct.

5 Q So, my question is then, after the massage request and

6 you called the Weinstein office, then you tell Mr. Weinstein you

7 want to work on Project Runway, you don't care in what capacity?

8 A No, that is not correct.

9 Q Okay, you did follow up, right?

10 A He suggested Project Runway, I did not even know that

11 he was a producer on it and I never actually seen the show.

12 Q Did he suggest this when you followed up with the phone

13 call?

14 A I don't remember whether he suggested it after at the

15 hotel or whether he suggested it later, but I believe he may

16 have mentioned it at the hotel.

17 Q Well, you have testified before in this case, correct?

18 A Yes.

19 Q You testified in the grand jury, correct?

20 A Yes.

21 Q The grand jury is not the same kind of jury as this,

22 but another jury in this building that listened to your

23 testimony?

24 A Yes.

25 Q At that point were you asked these questions, did you

1 give this answer regarding the Majestic, did you -- question and

2 did you, after you left the Majestic, did you hear from Harvey

3 Weinstein again? I did, although I don't remember exactly

4 whether it was by text or e-mail. Usually the communication

5 that I had with him I had with him, well had after also was

6 through an assistant, so it might have been, but I was surprised

7 he suggested, he basically told me he really didn't have a real

8 job or anything. They were producing, shooting Project Runway

9 which was a TV in New York which already started shooting, if I

10 wanted to get on the set and help out I could --

11 MS. HAST: Objection, it is not a prior

12 inconsistent statement.


14 Q In any event, you had a conversation with Mr. Weinstein

15 about Project Runway, correct, at that point?

16 A At which point?

17 Q The point of this conversation when you were discussing

18 it?

19 MS. HAST: Objection. Clarify when, what

20 conversation.

21 THE COURT: Fair enough.

22 Q At some point after the Majestic, you had a

23 conversation with Harvey Weinstein, correct?

24 A Him or his assistant, yes.

25 Q Well, isn't it true that you previously testified that

1 he told me he really didn't have a job or anything, but they

2 were producing Project Runway?

3 A Yes, so I believe he may have suggested it at the hotel

4 or later, I'm not sure if it was at the hotel or later by

5 telephone.

6 Q When you testified about the hotel, it was a brief

7 conversation followed by the massage request followed by you

8 leaving, correct?

9 A Yes, there was obviously other conversations in between

10 that, but I don't recall everything that was said.

11 Q In any event, you, I think the next day or the day

12 after you fly to New York, correct?

13 A Yes, that was already planned.

14 Q You already had the tickets?

15 A I did.

16 Q You flew to New York and were going to stay with your

17 friend Elizabeth?

18 A Correct.

19 Q You didn't have a work visa to work in the United

20 States?

21 A Yes.

22 Q You had a tourist visa?

23 A Correct.

24 Q When you get to New York, you reach out to Barbara, you

25 call Harvey's office, right?

1 A I don't remember the conversations, but I presume so,

2 yes.

3 Q Then if we can stay on this calendar.

4 A Either I called them or somebody called me.

5 Q This is the 29th of May, this is your calendar?

6 A Yes.

7 Q If we can below that says call Harvey's office about

8 Runway project and ask for Barbara. Does this refresh your

9 memory whether you called Harvey's office to talk about Project

10 Runway?

11 A Yes.

12 Q Below that there is Charles Meech at Weinstein dot com,

13 you see that?

14 A Yes.

15 Q Under there where it is crossed off it says Harvey's

16 assistant?

17 A I know now, yes.

18 Q Why would you cross off the name Harvey's assistant

19 under there?

20 A I have no idea.

21 Q When you get to New York, you meet with Barbara, right,

22 at some point?

23 A At some point.

24 Q And part of what was happening with the Weinstein

25 Company with Barbara is you explained to her that you did not

1 have the proper paperwork, correct?

2 A Yes, but Harvey was aware of that too.

3 Q No doubt, okay. They also said they would help you

4 with the paperwork, didn't they?

5 A Not at that time because there was no time.

6 Q Didn't Mr. Weinstein give you the names of immigration

7 lawyers?

8 A Sorry.

9 Q Didn't Mr. Weinstein give you the name of some

10 immigration lawyers in New York?

11 A I don't recall that.

12 Q Somebody name Peter L. O. B. E. L.

13 A I don't recall that.

14 Q You are not saying he didn't, you are saying you don't

15 recall?


17 Q Because you made it clear you did want some help with

18 your immigration issue, didn't you?

19 A I was not looking to work illegally in any capacity.

20 Q I understand, that is why you were looking for help

21 with immigration?

22 A Correct. He said there was no time for Project Runway

23 on this occasion.

24 Q Mr. Weinstein said that?

25 A I believe I recall Mr. Weinstein at some point saying

1 that, yes.

2 Q When did he say that?

3 A I don't recall the exact conversation.

4 Q But you testified to it?

5 A Well, he said yes because he said it is already

6 shooting. There is no time for that. If you want to go and

7 help out on that you can.

8 Q You went and did help out on the Project Runway show?

9 A Correct.

10 Q You were a runner, doing things like that?

11 A A production assistant tasks.

12 Q You described it before as a runner, I'm not trying to

13 be disrespectful.


15 A That is incorrect, I offered to be a runner.

16 Q Understood. How long did you work on Project Runway?

17 A Only two or three weeks.

18 Q During the time you were on Project Runway for two or

19 three weeks, you met other people in the Weinstein Company who

20 were working on Project Runway, correct?

21 A Yes.

22 Q You met Dan Kuando (phon) at some point, Harvey's

23 assistant?

24 A I believe that is Harvey's assistant, yes I did, I

25 don't recall him working on Project Runway.

1 Q You met Barbara?

2 A Yes.

3 Q And other individuals, didn't you?

4 A Yes.

5 Q For those first couple of weeks while you were in New

6 York City, you were having it good, you were working on a show

7 in the United States, it was a good show, correct?

8 A It was fine.

9 Q And we can turn to June 22nd. This is your entry for

10 June 22nd almost, I think everybody can see it. This is your

11 entry in your calendar for June 22nd through June 24th, correct?

12 A Yes.

13 Q You write I love New York, I love love, I love New

14 York, I love stuff, and draw a bunch of hearts above it and what

15 looks like a rocket ship?

16 A Yes.

17 Q Is it fair to say when you drew that, that reflected

18 how you felt about New York at that time?

19 A Yes.

20 Q You drew I love these things and you drew the hearts?

21 A Correct.

22 Q Things you draw when you are in a good mood?

23 A Yes.

24 Q Then above there, there is a heart with an arrow

25 through it, that is crossed off, do you see that?

1 A What do you mean crossed off.

2 Q A heart with an arrow?

3 A Scribbles.

4 Q You know what is under that?

5 A I don't.

6 Q Do you know when you scratched that off?

7 A No.

8 Q After Project Runway wraps, you have a conversation

9 with Harvey Weinstein from your direct examination about how

10 much good feedback he had about your role in Project Runway,

11 correct?

12 A Sorry, repeat it.

13 Q After you are done with Project Runway, you send an

14 e-mail to Harvey Weinstein?

15 A Yes.

16 Q Mr. Weinstein responds to you that he had got a bunch

17 of good feedback about your role in what you did for project

18 Runway?

19 A Yes, he said I had good feedback, yes.

20 Q Then the two of you, he invites you to meet at the

21 Mercer Hotel at some point?

22 A Yes, in the lobby.

23 Q You went there, correct?

24 A Uh huh.

25 Q When you went there, you sat in the bar area?

1 A In the lobby area.

2 Q The bar in the lobby?

3 A The bar in the lobby area. There are two bar areas,

4 one is more bar bar, one is floppy bar.

5 Q Either one of them you are in the lobby area?

6 A Yes.

7 Q When you are in the lobby area with Mr. Weinstein,

8 you're having conversations with him?

9 A Correct.

10 Q You described to the members of the jury he was at

11 times charming and funny during the conversations?

12 A Yes.

13 Q He was sharing with you things he loved about the

14 movies?

15 A Partly, yes.

16 Q You don't really remember that conversation all that

17 well?

18 A No.

19 Q You came away from it?

20 A Feeling good, yeah.

21 Q The initial e-mail I showed you when I started my cross

22 examination, that actually related to that meeting at the

23 Mercer, didn't it?

24 A Yes.

25 Q And when you leave the Mercer, the next time you have

1 an interaction with Mr. Weinstein was at the Weinstein Company

2 offices; is that right?


4 Q And at the Weinstein Company offices you are there and

5 talk to Barbara?


7 Q And Harvey is also at the office at that time?

8 A In his office, yes.

9 Q At some point Mr. Weinstein talks to you while you are

10 at the office?

11 A Yes.

12 Q And he gives you a book?

13 A Yes.

14 Q Tender Is The Night by F. Scotts Fitzgerald?

15 A Yes.

16 Q You accept the book?

17 A Yes.

18 Q Did you talk to him at the office as well, just a

19 general conversation?

20 A Yes.

21 Q Dan Kuando is also there at that point?

22 A Yes.

23 Q Then it is your testimony Mr. Weinstein offers to give

24 you a ride home?

25 A Yes.

1 Q How far did you leave at that point to Ms. Entin's

2 apartment from the Weinstein Company office?

3 A Well, the office is -- I believe we are in Tribecca, I

4 was living in the east village, so I don't know, however long

5 that takes.

6 Q You have to tell me how many miles you think.

7 MS. HAST: Objection?

8 A I don't actually know.

9 Q It was not a long drive?

10 A It was not a very long drive, no.

11 Q While you are in the car with Mr. Weinstein, you said

12 he starts talking to you about Factory Girl, the Andy Warhol

13 movie?

14 A Yes.

15 Q And does he talk to you about anything else while in

16 the car?

17 A Yes.

18 Q Do you remember what it was?

19 A No, just general conversation.

20 Q Cordial conversation?

21 A Yes.

22 Q Now, at this point the initial meeting you had with Mr.

23 Weinstein, according to your testimony, was the massage request,

24 right?

25 A Uh huh.

1 Q You have to say yes. The court reporter Randy will

2 yell.

3 A Repeat.

4 Q Aviator, Cannes, massage request, right?

5 A Yes.

6 Q And then we have sort of this break and you meet him at

7 the Mercer and he's being charming, right?

8 A After Project Runway, yes.

9 Q Now, when he's driving you home, it is your testimony

10 he gets out of the vehicle?

11 A He does.

12 Q When he gets out of the vehicle, he wants to see where

13 you live?

14 A Yes.

15 Q And you told the members of the jury that basically you

16 said you can't come in at this point, right?

17 A Yes.

18 Q He was asking you to go to Paris with him?

19 A Yes, at some point he invited me to go to Paris with

20 him.

21 Q You didn't want to go?

22 A I did not.

23 Q The reason you did not want to go to Paris with him,

24 you thought, I believe what you said it was an inappropriate

25 request?

1 A Well, I didn't think it was a professional request.

2 Q If it is not professional, it may be inappropriate,

3 right?



6 Q Correct?

7 A Not, yeah, I mean inappropriate professional context.

8 Q You did not want to stay in a room with him?

9 A Certainly not.

10 Q You certainly didn't want to be alone with him?

11 A Certainly not.

12 Q You certainly didn't want to be on a plane with him

13 flying across the Atlantic in a private plane, did you?

14 A No.

15 Q You tell Mr. Weinstein thanks but no thanks, then he

16 leave, correct?

17 A Yeah, he leaves.

18 Q Then it is your testimony sometime later after calling

19 and texting you and asking you to go to Paris, Mr. Weinstein

20 comes back to your apartment?

21 A He does, yeah, he did.

22 Q When he comes back to your apartment, does he hit the

23 buzzer or come right in?

24 A As I was saying earlier I don't remember whether he

25 used the buzzer or whether he called on his phone to let me know

1 he was outside.

2 Q I want to talk a little about the exhibit you looked at

3 earlier. We can see that, right?

4 A Yeah.

5 Q That is an apartment in what village?

6 A East Village.

7 Q It is not like a big high rise somewhere in a fancy

8 neighborhood, is it?

9 A No.

10 Q It's a nice apartment, right?

11 A It is a regular apartment, yeah.

12 Q A regular apartment. Mr. Weinstein could not just walk

13 right in there because there is a security door, right?

14 A Correct.

15 Q There is a buzzer you need to buzz in to get into the

16 apartment?

17 A Correct.

18 Q So, Mr. Weinstein would have had to sit out there all

19 day unless you came to the door?

20 A Correct.

21 Q There is no doorman there either?

22 A No.

23 Q But there is a security measure so strangers just

24 cannot come into the apartment, you would agree with that?

25 A It is a door that has a buzzer that is locked unless

1 somebody has the key or buzzes you in.

2 Q That is your understanding how most apartments are in

3 New York, right?



6 A I wouldn't know.

7 Q So, at some point Mr. Weinstein appears at the door or

8 outside of the house, correct?

9 A Correct.

10 Q And he's calling you and he's texting you and he's

11 begging you to go to Paris with him?

12 A Correct.

13 Q Then you say at that point you go outside, right?

14 A Well, he was not leaving, so I didn't want him to come

15 inside. So I thought I would go to the very front door and talk

16 to him there because he asked to see me face-to-face.

17 Q And he could not come inside unless you came to the

18 door, we can agree with that, right?

19 A Absolutely yes. I did not want to buzz him in to come

20 inside.

21 Q Go the next picture on the slide. Following the sort

22 of trajectory of this exhibit, if you walk in, is that the front

23 door closest to me as it is opened, there is an open door right

24 there?

25 A Yes.

1 Q Entrance to the building?

2 A Yes.

3 Q Then there is another door past that front door?

4 A Yes.

5 Q Is that door also a security door?

6 A That is a door locked, but you can totally leave it

7 open or sometimes it is even open all the time.

8 Q Sometimes it is even open all the time?

9 A What I mean is sometimes people leave it open, just

10 open and sometimes it is closed, but you can still open it and

11 leave it open.

12 Q In a regular situation, if you walk out that door

13 closes?

14 A Yeah, you would not -- if you didn't have the keys with

15 you for example?

16 Q Let me just ask you the questions ma'am. If you go to

17 the door unless you prop it open, that door shuts and you have

18 to buzz yourself to get in as well, correct?

19 A Yes, well --

20 Q Go the next picture. That is the second door I

21 probably should have had up before I was asking you those

22 questions, right?

23 A Well yes, that is the second door.

24 Q There is a prop under the door right there, right, that

25 keeps it up?

1 THE COURT: Hold on.

2 A Yes.

3 THE COURT: Make sure you say yes or no and make

4 sure she says yes or no.

5 MR. CHERONIS: Thank you.

6 Q That is the second door, correct?

7 A Yes.

8 Q That is another security door that can be propped open?

9 A Yes.

10 Q If we can go to the next picture. That is a hallway

11 that you would go left on and walk down the hallway, correct?

12 A Yes.

13 Q If we go to the next picture. You got to make a right

14 turn then you get to the apartment of Ms. Entin, right?

15 A Yes.

16 Q Is it your testimony Mr. Weinstein barged through the

17 first door, past you, walked through the second door, took a

18 left, then made a right to get to that apartment?

19 A He did, yes.

20 Q When he did that, were you concerned?

21 A Yes, I mean I was -- I was just -- I didn't want him to

22 come into the apartment, so I was wondering what the heck he was

23 doing.

24 Q Did you follow him?

25 A Yes.

1 Q Did you follow him around the corner, made a left and

2 right and he is just standing in Ms. Entin's apartment?

3 A Yes.

4 Q When he's standing in Ms. Entin's apartment, he then

5 continues to beg you to go to Paris with him?

6 A He was very insistent, yes, that I go to Paris with

7 him, correct.

8 Q He was talking to you about reviving Halston, I don't

9 know how to spell it, what he was going to do with the fashion

10 show in Paris?

11 A Sorry.

12 Q Talking about what he was going to do with the fashion

13 show in Paris?

14 A No, not at that point. He already told me about the

15 Halston stuff in previous conversations.

16 Q In the vehicle?

17 A Either the vehicle or his office, I don't recall

18 exactly.

19 Q Here is Mr. Weinstein now in your friend's apartment

20 asking you if you will go to Paris, you said he was being

21 insistent?

22 A Yes, he was.

23 Q You were not threatened, were you?

24 A No, I was overwhelmed but I was not threatened.

25 Q He kept asking you, right?

1 A Yes.

2 Q And at some point you said you said kind of jokingly, I

3 hear you have a horrible or terrible reputation with women?

4 A Well, yes.

5 Q That is what you said to him?

6 A I did, yes.

7 Q When you told him that he had a terrible reputation

8 with women, that was something you said to the jury you just

9 wanted to shut him down with, right?

10 A Correct.

11 Q It is just the two of you alone in the apartment at

12 that point?

13 A Yes.

14 Q Nobody else is there, nobody else was with you and Mr.

15 Weinstein at that point, correct?

16 A No, apart from potentially the pets.

17 Q Peanut may have been there?

18 A And the cat, yeah.

19 Q And as soon as you say to Mr. Weinstein I hear that you

20 have a horrible reputation with women, like that, he stops,

21 right?

22 A He backs off, yes.

23 Q He seems offended, doesn't he?

24 A He does.

25 Q And he seems like he lost interest in you, didn't he?

1 A He seemed like he didn't like me very much.

2 Q Do you remember telling the District Attorney in June

3 of 2018 he seemed to have lost interest in you once you said

4 that?

5 A I don't recall that, no.

6 Q That would not be inconsistent with what you are

7 saying, he seems to have lost interest or not like you very much

8 according to your testimony?

9 A Well, I would not say lost interest, I would say it

10 felt like he didn't like me very much at that moment.

11 Q When you felt like he didn't like you very much at that

12 moment, did that bother you?

13 A Yes, because I was still trying, I wanted him to like

14 me as a person.

15 Q For professional reasons?

16 A Totally, uh huh.

17 Q At that point I believe according to your testimony,

18 Mr. Weinstein leaves?

19 A Yes.

20 Q When he leaves, in your mind, whether it is right or

21 wrong, he just does not like you or you think that, right?

22 A As much, yes.

23 Q And when he leaves, I believe you testified sometime

24 later you get invited to the Clerks Two premier?

25 A Yes, I don't remember the exact conversation, but I

1 think either him or through his assistant I was invited to the

2 Clerks Two premier.

3 Q And did you have any contact with Mr. Weinstein from

4 the time that you told him he had a terrible reputation with

5 women and the time you were invited to the Clerks premier?

6 A I don't recall.

7 MR. CHERONIS: If I may approach, your Honor,

8 somebody may approach.


10 Q Do you see that e-mail?

11 A Uh huh.

12 THE COURT: Yes or no?

13 A Yes, sorry.

14 Q It is your e-mail address?

15 A Yes.

16 Q It is an e-mail you sent to a man named Charles Meech?

17 A Yes.

18 Q A true and accurate depiction you would have sent to

19 Mr. Meech?

20 A Yes, I can see it is an e-mail.

21 MR. CHERONIS: I ask it be published.

22 MS. HAST: Objection, not an inconsistent

23 statement.

24 THE COURT: Okay.

25 MR. CHERONIS: I don't think it has to be.

1 THE COURT: Step up.


3 MR. CHERONIS: I ask it be published as N.

4 THE COURT: Okay, Defense N as in north is

5 received into evidence. There is a screen in front of you.

6 Q You told the members of the jury that you didn't

7 remember whether it was Harvey or his assistant who invited you

8 to Clerks?

9 A Right, now I can see that.

10 Q You also told the members of the jury you did not have

11 any interaction with Harvey Weinstein between the time that he

12 left your apartment and the invitation to Clerks, right?

13 A No, I didn't say that.

14 Q Let me ask you about this e-mail. You sent an e-mail

15 to Charles Meech, you know he's an individual who works for Mr.

16 Weinstein?

17 A Right.

18 Q In that e-mail you say I don't know whether you are the

19 right person to speak to, but Harvey had kindly offered to

20 arrange for me to go to L. A early this week.

21 I know I should have probably called Friday. Needed to

22 sort a few things out first. I would now like to confirm if it

23 is possible I would like to go tomorrow or Tuesday. Don't mind

24 which, let me know if that is cool, numbers are, all the best,

25 Miriam?

1 A Correct.

2 Q At what point did Harvey Weinstein invite you to L. A

3 after you told him to leave the apartment?

4 A Like I was saying earlier, I don't recall.

5 Q It says kindly offer, correct?

6 A Yes, that is how I talk.

7 Q It does not say anything in there about the Clerks

8 premier, does it?

9 A No, but that was what it was.

10 Q Isn't it actually what it was, your friend was having a

11 baby in California and you asked Mr. Weinstein to fly you out

12 for that reason?

13 A No, I don't believe so.

14 Q The Clerks premier was on July 11th, wasn't it?

15 A I don't know.

16 Q You looked at your calendar earlier?

17 A It is in my calendar.

18 Q July 11th?


20 Q You were out in California for two weeks?

21 A Correct.

22 Q Because Mr. Weinstein, Mr. Weinstein paid for your

23 ticket there and he paid for your ticket back, correct?

24 A Correct.

25 Q Your friend was having a baby and you asked him to fly

1 you out?

2 A No, incorrect.

3 Q You planned on going to California well before you got

4 that ticket, didn't you?

5 A No, I'm sure I was hoping to go there. So when he

6 invited me, I said can you --

7 Q If we can crop that up. June 24th you have an entry in

8 your calendar that says get baby stuff, correct?

9 A Yes.

10 Q The baby stuff that you were getting was for your

11 friend's child, wasn't it?

12 A Possibly.

13 Q You didn't have any children at the time, right?

14 A No, I don't recall.

15 Q The reason you were getting baby stuff on June 24th

16 because you had planned to go to California, right?


18 Q What Mr. Meech said was that he could not do it to you

19 today, he would get back to you maybe the next day, right?

20 A Correct. If I sent an e-mail that I would have, is

21 this the Saturday before that conversation, sorry.

22 Q Ma'am, I'm just asking you, I'm not being fair to you,

23 I'll go back to the e-mail real quick. I'm asking the questions

24 about that.

25 A Thank you.

1 Q We got the get baby stuff on June 24th. This e-mail on

2 July 9th where you say Mr. Weinstein kindly offered to fly you

3 out there.

4 Do you remember asking Mr. Weinstein to fly you out so

5 you could be there for your friend's child?

6 A No, I don't recall that.

7 Q Well, you would agree usually movie premiers are one or

8 two nights, right?

9 A Sorry.

10 Q Movie premiers are usually one night only or two

11 nights?

12 A Yes.

13 Q You were gone for two weeks?

14 A Yes.

15 Q Mr. Weinstein paid for the tickets both ways?

16 A Probably would have been a round trip, yes.

17 Q Now, I want to talk to you about your decision to go

18 over to the Soho apartment on July 10th of 2006, okay?

19 A Okay.

20 Q Now, you told the members of the jury that the reason

21 you went there was because Mr. Weinstein had purchased you a

22 ticket to L. A, let me finish my question.

23 I was asking you about what you testified to regarding

24 your reasoning for going to his Soho apartment on July 10th, do

25 you remember that question?

1 A I remember the question.

2 Q I believe that you told the members of the jury that

3 the reason you went there was because he purchased you a ticket

4 to L.A and it would have been weird not to?

5 A That is not exactly what I said, no.

6 Q Well, you did go there, correct?

7 A I did go there.

8 Q Was it because you had rejected his Paris invitation

9 and you thought he was mad at you that you went there?

10 A Perhaps partly, but --

11 Q So, when you say you don't want to go to Paris with Mr.

12 Weinstein --

13 A Correct.

14 Q You thought he was upset at you, right?

15 A I thought he was not happy with that, yes.

16 Q You didn't want to go to Paris for one reason because

17 you did not want to be alone with him, correct?

18 A Not because I did not want to be alone, I did not want

19 to go to Paris with him.

20 Q One of the reasons is you didn't know what kind of

21 invitation it was?

22 A Correct.

23 Q You didn't want to be in a position there could have

24 been some sort of sexual advance in Paris, right?

25 A I didn't want to go on a trip to Paris with him, and I

1 was not sure, I just didn't want to go and stay with him in a

2 hotel and go to a fashion place, no.

3 Q Then on July 10th, it is your testimony that he calls

4 you and invites you over to his Soho apartment?

5 A Either him or his assistant.

6 Q Do you remember which one?

7 A I don't, that is what I'm saying, I don't remember

8 whether it was him or his assistant.

9 Q I want to talk to you a little about the thought

10 process of going over to the Soho apartment.

11 A Uh huh.

12 THE COURT: Why don't we break there. Ms. Haley,

13 be good enough to step down and wait in the witness room

14 for further instructions from the District Attorney, see

15 you back here at or before 2:15.

16 ( Witness exits courtroom).

17 THE COURT: All right jurors, we will take our

18 lunch break. Remain mindful of all my prior admonitions

19 and instructions during this or any other recess.

20 Keep an open mind, do not discuss this case

21 amongst yourselves or with anyone else, and refrain from

22 any and all research or communication, electronic or

23 otherwise. Have a great lunch, see you back here before

24 2:15 thank you.

25 ( Jury exits courtroom).

1 THE COURT: 2:15 thank you.

2 ( Lunch recess taken).

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1 (A luncheon recess was taken.)

2 (After the luncheon recess, the following

3 occurred:)

4 ***

5 A F T E R N O O N S E S S I O N.

6 (The trial continued.)

7 (Time noted is 2:15 p.m.)

8 THE COURT: All right. Let's get the jury and

9 the witness.

10 SERGEANT: Yes, sir.

11 COURT OFFICER: Witness entering.

12 (Whereupon, the witness entered the courtroom and

13 was properly seated.)


15 (The jury entered the courtroom and the


17 THE CLERK: Case on trial continued. All parties

18 are present.

19 Do the parties stipulate that the jury is present

20 and properly seated, the People?

21 MS. ILLUZZI-ORBON: Yes.

22 THE COURT: The defense?

23 MS. ROTUNNO: Yes.

24 THE COURT: All right. Welcome back jurors. I

25 hope everybody had a good lunch.

1 Mrs. Haleyi, I remind you you are still under

2 oath and the same rules apply.

3 Plea resume your inquiry.

4 M I R I A M H A L E Y I,

5 called as a witness, being previously sworn, was examined and

6 testified further as follows:

7 CONTINUED DIRECT EXAMINATION

8 BY MR. CHERONIS:

9 Q Ms. Haleyi, I want to go back to one thing you

10 testified about Harvey Weinstein coming into your apartment,

11 Liz's apartment and sort of barging in, right?

12 A Yes.

13 Q Okay. And we have -- was he checking each door to see

14 which one was your's as he did that?

15 A No, he was looking around to see which one was mine

16 but he saw that it was open.

17 Q After he went down the hall, took a left and right?

18 A Yes, it's not that far to be honest.

19 Q And you said you didn't go to Paris.

20 At the time you were trying to get your immigration

21 situation settled in the United States, weren't you?

22 A No.

23 Q You didn't meet with immigration attorneys?

24 A I don't recall meeting with immigration attorneys but

25 I may have met with someone. I don't know.

1 Q If you are trying to get your work visa, could you

2 leave the country, come back and still get it?

3 A I have no idea.

4 Q We left off talking about why you went to the Soho

5 apartment. That's where we left off before the break.

6 And I asked you, isn't it true that the reason that

7 you went to the Soho apartment is because as you had left it

8 with Mr. Weinstein, you thought he was upset because you had

9 rejected the Paris invitation?

10 A No.

11 Q You testified in front of a Grand Jury in this

12 building, we already talked about that, right?

13 A Yes.

14 Q In June of 2018?

15 A Possibly, yes.

16 Q You were asked a series of questions by prosecutors

17 and you gave a series of answers?

18 A Yes.

19 Q Before you went in the Grand Jury, you were prepared

20 to go into the Grand Jury, you went over sort of what your

21 testimony was going to be, correct?

22 A Well, yes. It's always the same, yes.

23 Q Well, you testified that -- well, let me ask you this.

24 I am referring to Page 211. Were you asked this

25 question and did you give these answer:

1 Question, let's talk about July the 10th first. Tell

2 us on July 10th how did you get to his apartment?

3 Answer, so he says I would love -- I would like to see

4 you. Please come and see me. I just want to, you know, talk

5 or whatever. I don't actually remember the exact conversation.

6 I will send a driver to pick you up. So I said okay.

7 Question, why did you agree --

8 MS. HAST: Objection. That's not inconsistent

9 testimony.

10 MR. CHERONIS: I am getting to it, Judge.

11 THE COURT: Can you show it to the DA?

12 MR. CHERONIS: Line 10 through 21.

13 MS. HAST: Same objection.

14 MR. CHERONIS: It's inconsistent, Your Honor.

15 THE COURT: Can I see?

16 Attorneys.


18 record.)



21 THE COURT: All right. Sustained. Next

22 question.

23 BY MR. CHERONIS:

24 Q Ms. Haleyi, is the reason that you rejected -- that

25 you went to the Soho apartment on July the 10th is because

1 Mr. -- you had rejected Mr. Weinstein's Paris invitation and

2 you thought he didn't like you?

3 MS. HAST: Objection; asked and answered.


5 THE WITNESS: No, that was not the sole reason,

6 no.

7 Q Well, do you remember testifying in front of the Grand

8 Jury on June 2018 and were you asked these questions and did

9 you give theses answers.

10 MS. HAST: Objection, again, Judge.


12 Q Question, why did you agree? Why? What were you

13 thinking about going to see him?

14 Answer, well, I was still in the exact same position

15 as far as like wanting a good relationship with him. I would

16 like the opportunity and the work that he had sort of said I

17 could have the following year or whatever.

18 And so, I was still in the same position. And as we

19 left it, I had rejected his Paris invitation. I also felt that

20 he kind of didn't like me so I wanted to sort of make the

21 relationship better.

22 Did you say those things?

23 A Yes.

24 Q And in that Grand Jury, you didn't mentioned that he

25 had kindly offered to fly you to Los Angeles, did you?



3 Q Well, you testified there that you thought he didn't

4 like you because you had rejected the Paris invitation, right?

5 A Yes, that's how I remembered. He didn't like me as

6 much, yes.

7 Q Before that though, as we can see from the July 9th

8 email, he had kindly offered to fly you to LA?

9 A I had not seen this email and I didn't recall at that

10 time when he had offered for me to go to LA.

11 Q So you didn't see that email before you testified in

12 front of the Grand Jury?

13 A I don't recall seeing it, no.

14 Q If he kindly offered to fly you to LA, you were not

15 arguing with him, you were not in disagreement with him, were

16 you?

17 A I wasn't in disagreement with him at that time.

18 Q You didn't think he didn't like you, did you?

19 A I felt he didn't like me as much because I had

20 rejected going with him to Paris. Yes, I don't think -- I

21 never said he didn't like me at all.

22 I just felt at that point it was my suspicion that he

23 didn't like me as much at that point.

24 Q But he invited you to Los Angeles?

25 A Yes, I don't recall when.

1 Q It was obviously, July 9th or before?

2 A I know that now, yes.

3 Q And you decided, however, to go to his Soho apartment

4 on July 10th, correct?

5 A Yes.

6 Q And you said it was in the early evening, do you

7 remember that?

8 A That's how I remember it, yes.

9 Q Four o'clock, five o'clock?

10 A I don't know. I don't remember.

11 Q When you say early evening, what do you mean?

12 A As I remember it, I went there when it was still

13 light. When I was picked up by the driver, it was still light

14 and I remember when I walked back out of the apartment, that it

15 was at least dusk.

16 Q Okay. So five, six o'clock?



19 THE WITNESS: I don't know what the time -- what

20 time dusk was at that point. I would have to look it up.

21 Q And it was Mr. Weinstein that called you and invited

22 you to come to the Soho apartment, correct?

23 A Him or his assistant, yes.

24 Q And you testified in June of 2018, correct, in front

25 of a Grand Jury?

1 A I testified in front of the Grand Jury. I am not

2 completely sure about the date.

3 Q Okay. And I am referring to Page 211, lines one

4 through nine.

5 You were asked this question and did you give this

6 answer:

7 Let's talk about July 10th, first. Tell us on July

8 10th, how did you get to his apartment?

9 Answer, so he says, I would love -- I would like to

10 see you.

11 Did you give those answers?

12 A Yes.

13 Q So Mr. Weinstein called you and told you he would like

14 to see you?

15 A Well, yes, personally or through his assistant, but

16 yes.

17 Q In the Grand Jury, you said, I would love to see you,

18 right?



21 Q Right?

22 A I don't remember the exact conversation.

23 Q Do you know where Mr. Weinstein was when he called

24 you?

25 A No.

1 Q Did he tell you where he had been earlier that day?

2 A Not that I recall.

3 Q Okay. Did you remember how it was that you got from

4 your apartment to the Soho apartment?

5 A He sent a driver.

6 Q He sent a driver?

7 A Yes.

8 Q And how long from the time that you spoke with Mr.

9 Weinstein until the driver came to your apartment, if you

10 remember?


12 Q More than an hour, less than an hour?

13 A I have no idea.

14 Q And the driver came to your apartment?

15 A He did. He came outside.

16 Q Did he have your phone number? Did you see him come?

17 Do you remember?

18 A When I walked out of the apartment, he was standing

19 there, in the car. The car was there.

20 Q Okay. And you got in the vehicle.

21 A Yes. I am sure the driver greeted me but I don't

22 remember exactly.

23 Q When you got in the vehicle you noticed a New York

24 Post article on the back seat, didn't you?

25 A I remember know. I remember -- yep, yes.

1 Q And that New York Post was actually opened to an

2 article about Harvey Weinstein?

3 A No, it wasn't. I know -- no, it wasn't. It was in

4 the back pocket of the seat.

5 Q You spoke to the DA in this case in June of 2018,

6 correct?

7 A Yes.

8 Q And when you spoke to the DA there were prosecutors

9 there, there were people taking notes, correct?

10 A Yes.

11 Q And you told them about some of the things you are

12 telling the jury today?

13 You went over your version of the events, correct?

14 A Yes.

15 Q And when you spoke to the DA in June of 2018, you told

16 them that when you got into the back seat of the vehicle, there

17 was a New York Post article opened up, didn't you?

18 A I don't believe I did.

19 Q Do you remember telling them that when you saw the New

20 York Post article there was a picture of Harvey Weinstein and

21 his wife in that article?

22 A No.

23 Q Do you remember telling the DA that you thought Harvey

24 had planted that there to make you feel jealous?

25 A No. No, I said I wondered if he had planted it there.

1 Q You wondered if he planted the article about him,

2 correct?

3 A No, the New York Post there because it was the only

4 thing in the back of that car.

5 Q Let me ask you a question, why would Mr. Weinstein be

6 planting just a New York Post?



9 Q The truth is you told the DA that you thought he

10 planted a picture of him and his wife in London, correct?

11 A That is not correct at all. Not correct at all.

12 Q Well, the truth is you found out after that statement

13 that that article didn't come out until July 11th, correct?

14 A I have been told that there was an article on July

15 11th. I never thought he planted a picture in the New York

16 Post.

17 Q And you never told the DA's Office that on July 10th

18 when you got into that vehicle there was a New York Post

19 article opened up about Harvey Weinstein and Georgina Chapman,

20 you never said that?

21 A No, I said that there was a New York Post in the back

22 of that car and that I read it and that I found something about

23 Harvey Weinstein and Georgina Chapman being in the fashion

24 shows in Paris. She was his girlfriend at the time not the

25 wife.

1 Q Okay, that was on July 10th?

2 A I remembered it as July 10th.

3 Q You know that that article didn't come out until July

4 11th, you said somebody told you?

5 A I don't know if that's definitely exactly the article.

6 I am not sure. I know I have been told since that there was a

7 article on July 11th.

8 Q And you were told that after you initially told the DA

9 that you saw the article on July 10th, correct?

10 A Right. But I also took the car the following day to

11 the airport, so I don't know.

12 Q But you told them that you thought he planted it to

13 make you feel jealous, Ms. Haleyi?

14 A Not jealous. I never said that. I never used that

15 word.

16 Q You didn't?

17 A I did not.

18 Q Isn't it true that you initially told the state that

19 story and then you found out later that it couldn't be true

20 because the article didn't come out until a day later?



23 THE WITNESS: If the timing was wrong then that

24 may have been but my memory of the actual event is what it

25 is. It's absolutely correct.

1 Q So when this driver arrived, you get in the vehicle,

2 correct?

3 A Correct.

4 Q Okay. And what did the driver look?

5 What did the driver look like?

6 A Well, he had -- he was quiet normal build, black hair.

7 He seemed to be Italian American.

8 Q Do you remember anything else about the car?

9 A Yes.

10 Q He had a big VIP sign in it, right?

11 A Yes.

12 Q And maybe a New York Post in the back?

13 A Yes.

14 Q Now, would you agree that it was a relatively short

15 period of time between the time you received this call from Mr.

16 Weinstein and the driver picked you up?

17 A I don't recall the call exactly.

18 Q Do you recall it being early evening?

19 A I am sorry.

20 Q You do recall it being early evening though?

21 A The call or the visit?

22 Q The call.

23 A No, I don't remember a call early evening.

24 Q Okay. Do you remember when you got the call?

25 A I don't remember the call.


2 THE COURT: Answer stands.

3 Q Now, you have a calendar that we have seen in this

4 case, correct?

5 A Correct.

6 Q And the calendar looks like it's before we all had

7 IPhones, you would have to do it the old-fashioned way, right?

8 A Yes.

9 Q You would have to write down the dates and you would

10 have to write down the phone numbers in the calendar, correct?

11 A Yes.

12 Q And the calendar is meant to keep your schedule

13 together, isn't it?

14 A Well, it can be whatever the person with the calendar

15 feels it can be for them.

16 Q Agreed.

17 A You know, as opposed to in general terms, yes.

18 Q In other words, if you have to be some where and you

19 don't want to forget about it, you write it down in your

20 calendar, yes?

21 A Yes.

22 Q So you don't double book yourself, that's one reason?

23 A I suppose.

24 Q And so you know where you have to go?

25 A Yes, right, or just to remind yourself or to remember.

1 Q To remind yourself or to remember.

2 Now, this is your July 10th calendar, right?

3 A Yeah.

4 Q So it's your testimony that Mr. Weinstein called you,

5 sent a driver to pick you up, the driver picked you up and you

6 went to his Soho apartment, right?

7 A I don't remember the call exactly but, yes.

8 Q But it was that day, correct?

9 A I don't know that.

10 Q You don't?

11 A No.

12 Q Okay. Do you remember testifying in June of 2018,

13 page 209.

14 Question, and so after that, after he leaves, do you

15 hear from him again?

16 Answer, so after he left that time, I didn't hear from

17 him I don't think for a few days, I guess when he came back

18 from Paris; although, I must have heard from him at some point.

19 I guess sometime after he got back from Paris, yes and then he

20 basically said, you know, he asked me, he really wanted to see

21 me. If I would come see him at his loft, his apartment in

22 Soho.

23 Did you testify that way?

24 MS. HAST: Objection. Again, it's not

25 inconsistent, Judge.


2 Q Do you know when Harvey Weinstein got back from Paris?

3 Have you been told?

4 A No, I did not know.

5 Q Did you -- do you know now --

6 A No.

7 Q -- that he got at 5:30 on July 10th?

8 A No, not at all. I just knew that by the time I met

9 with him, he was in New York.

10 Q Back from Paris?

11 A He may have been back for days, I don't know.

12 Q You don't remember when you put that on your calendar,

13 do you?

14 MS. HAST: Objection, put what?

15 Q The HW and the P?

16 A No, I don't remember.

17 Q But if Mr. Weinstein, if he got back from Paris on the

18 10th and he called you on the 10th, you would have put that on

19 your calendar on the 10th, correct?



22 THE WITNESS: I have no idea. It may have been

23 that he called me before he got -- maybe, I assume, he was

24 here. I don't know.

25 Q You don't remember?

1 A I don't remember the call. I don't know.

2 Q And you testified in the Grand Jury though that it was

3 after he got back from Paris, we can agree with that?



6 Q Do you know how long it takes to get from Teterboro

7 Airport to Soho?


9 THE COURT: I will allow it.

10 Q Do you know?

11 A No.

12 Q The driver picks you up and you go to the Soho

13 apartment, right?

14 A Yes.

15 Q And you told the Members of the Jury one of the things

16 you said on direct examination is you didn't have any reason

17 not to, correct?

18 A Correct.

19 Q Okay. According to your testimony the first time you

20 were alone with Mr. Weinstein he offered you a massage, right?

21 A He asked me if I would give him one and then he

22 offered me one.

23 Q And you felt bad about that, we heard that from you,

24 you testified about that?

25 A I did, yes.

1 Q According to you, a week earlier or so he barges into

2 your apartment and is relentless in asking you to go to Paris,

3 true?

4 A Correct, yes.

5 Q And you don't see him in between Paris and Soho,

6 correct?

7 A Correct.

8 Q And at that point, he just calls you up and says, can

9 you come over to my apartment?

10 A Yes.

11 Q And in between somewhere is the invitation to LA, we

12 can agree to that?

13 A Yes.

14 Q And you decide to go?

15 A Yes.

16 Q Because you didn't see any reason not to, correct?

17 A Not really, no. Yes, exactly, correct.

18 Q And you testified, I believe, that you had also wanted

19 to keep a professional relationship with Mr. Weinstein, right?

20 A Yes, a friendly, professional relationship.

21 Q And how -- to be fair, you also wanted him to give you

22 employment to help you out in your productions, right?

23 A Well, yes, I felt he was a, potentially, good

24 connection to keep for the that purpose, yes.

25 Q He was useful? He was a very big producer in

1 Hollywood, correct?

2 A Of course.



5 Q Right?

6 A Yes.

7 Q And you wanted a connection with Mr. Weinstein to help

8 your career, is that fair?

9 A Yes.

10 Q Okay. So you testified that when you go to the Soho

11 apartment, the driver brings you upstairs?

12 A Yes.

13 Q Okay. And he leaves right away?

14 A Yes.

15 Q And you don't recall what you were wearing?

16 A No.

17 Q Do you -- you don't recall what Mr. Weinstein was

18 wearing?

19 A I seem to recall, vaguely, what he was wearing.

20 Q And, vaguely, what do you recall him wearing?

21 A A light colored shirt and light colored pants or

22 perhaps jeans, casual wear.

23 Q Do you know, specifically, ma'am, what he was wearing?

24 A No, just that it was light in color.

25 Q How -- was he well kept, sloppy?

1 A Pretty sloppy.

2 Q When he comes in and you come in, he greets you?

3 A Yes.

4 Q Okay. And then at that point, it's your testimony

5 that the two of you sat on the couch?

6 A Yes.

7 Q And were you watching television?

8 A Well, it was on when I walked in so we were half

9 watching it.

10 Q Do you remember what show you were watching?

11 A I don't exactly remember it but, um, for some reason I

12 have an impression that it may have been a comedy news. Like,

13 what's it called, was it, John Edwards -- no, no, no -- or

14 something -- it's -- I don't remember, sorry.

15 Q I don't watch TV.

16 A Okay.

17 Q And you remember, do you recall, specifically, that

18 there was a show on or are you --

19 A No, I just had an impression that it was one of those

20 kind of comedy news shows. Like a talk show, like a --

21 Q And Mr. Weinstein is on one side of the couch and you

22 are on the other?

23 A Correct.

24 Q And it's your testimony that at some point he lunges

25 at you?

1 A Yes.

2 Q Now, when you were at the Majestic with Mr. Weinstein

3 and he asked you for a massage, per your testimony, he didn't

4 grab you?

5 A No.

6 Q You walked out, correct?

7 A Correct.

8 Q And at the Paris rejection, at Elizabeth's house, all

9 you had to say to Mr. Weinstein was, you have a terrible

10 reputation with women and he stopped and went back, correct?

11 A For some reason.

12 Q Isn't that true?

13 A Yes, for some reason. I am not sure if that was the

14 only thing that made him stop but for some reason when I said,

15 hey, that's when he backed up.

16 Q That's all you said to him and me backed off?

17 A I am not sure that's all I said to him but that's what

18 I remember saying.

19 Q He didn't do anything else in his apartment, did he?

20 A No, I mean, we were having a -- he was very persistent

21 and we were having conversations, yes.

22 Q So, ma'am, you testified that when he lunges at you on

23 his couch, he starts to try to kiss you?

24 A Yes.

25 Q Okay. And you pushed away?

1 A Yes.

2 Q And at some point you stand up and you back up and end

3 up backing up -- he backs you into the bedroom, correct?

4 A Yes.

5 Q And to back you in the bedroom, you have to go back

6 and go in a different direction, correct?

7 A Yes.

8 Q You didn't go to the door?

9 A It was on the way out.

10 Q Okay. And if he is coming towards you and you are

11 going back, you didn't keep backing up, did you?

12 A He also pulled me towards him.

13 Q He pulled you towards him and backed you up?

14 A Yes.

15 Q And when you get into the bedroom, it's your testimony

16 that you fall on the bed?

17 A Yes.

18 Q Okay. What kind of bed was it?

19 A I have no of idea.

20 Q Did it have a -- what part of the bed did you fall on?

21 A Just on the bed.

22 Q Were you on the side of the bed or in the front of the

23 bed?

24 A I don't recall. It was quite dim in there.

25 Q You couldn't see much, could you?

1 A I saw some but it was dim lighting.

2 Q And when you fall on the bed, it's your testimony that

3 Mr. Weinstein gets on top of you? Grabs you?

4 A He is on top of me with his weight and he is holding

5 me down with his -- by my wrists, yes.

6 Q He just lunged at you and started doing that?

7 A No, he lunged at me on the sofa. I got up.

8 He said, no, no, no and pulled me towards him.

9 And I was trying to back off and get away and he is at

10 the same time grabbing me by my arms and walking towards me so

11 that I have to back up.

12 And so this is a little thing that is going back and

13 forth like that and I am trying to walk away from him but he

14 backs me into this bedroom.

15 Q And you fall on the bed once you get into the bedroom?

16 A Correct.

17 Q And you don't know if you were wearing a dress or

18 shorts you said? You didn't know what you were wearing?

19 A No, but it was New York summer, so I was probably

20 wearing something quite light.

21 Q But you don't remember as you sit here?

22 A No, I don't remember.

23 Q And at that time you said you tried to get up at some

24 point and Mr. Weinstein threw you down?

25 A Several times, yes.

1 Q Threw you down?

2 A Yes.

3 Q Were you --

4 A Pushed me down.

5 Q Pushed you down? Were you kicking?

6 A I was kicking. I was pushing. I was trying to get

7 away from his grip.

8 Q And it's your testimony that at that point he

9 performed oral sex on you?

10 A He held me down and kept pushing me down towards the

11 bed. Every time I tried to get up, he pushed me down. Then he

12 would hold me down like that whether it was on my chest or my

13 arms or wherever.

14 And he went down and performed oral sex on me and I

15 kept saying, no, don't. Please don't do this. I am -- I don't

16 want it. I said, no, many, many times. I told him I was on my

17 period.

18 Q And he continued according to your testimony?

19 A He continued.

20 Q And it's your testimony that this -- that this

21 incident that you described was very traumatic, right?

22 A It was traumatic, right.

23 Q And you said you left and you thought that the driver

24 may have actually been in on it, correct?

25 A When it was happening I was -- when I was evaluating

1 -- when I was understanding what was happening and I was

2 evaluating what to do and what was the safest thing for me to

3 do, that's one of the thoughts that I had in my mind, was that

4 I can't even get away from this guy.

5 But if I had to get away and I got all the way to the

6 elevator, if I managed to go downstairs to get out of the

7 building, if I manage to get to the door, would the driver

8 perhaps be in on it and be there ready to scoop me up as soon

9 as I get there. And I felt that there was no way to -- I just

10 had no chance. So --

11 Q Ma'am, and when you left, did you walk or take a taxi?

12 A I don't remember. I remember just walking out into

13 the street.

14 Q And you then went to your friend, Liz's, apartment?

15 A I don't remember where I went to be honest with you.

16 I presume so.

17 Q The next day you went to California, correct?

18 A Correct.

19 Q And Mr. Weinstein sent a driver for you to take you to

20 the airport, didn't he?

21 A That was in that case already arranged, yes.

22 Q Was it the same driver from the night before?


24 Q Were you worried about getting into the car with this

25 driver?

1 A No.

2 Q And if the flight is at 12:25, the driver was coming

3 up at 10, you are probably up around 8 in the morning, correct,

4 sometime around then?

5 A Thank you. I don't know.

6 Q Do you remember what time you woke up that morning?

7 A No, I don't.

8 Q And then you fly to California, right?

9 A Correct.

10 Q And when you fly to California, there is a 7:30 Clerk

11 premier, right?

12 A Correct.

13 Q And you didn't go to that?

14 A No.

15 Q Okay. And you stayed in California for two weeks?

16 A Correct.

17 Q And up there it says you called several friends, right

18 or it says you were planning to call several friends, I should

19 say?

20 A Correct. There will be people in LA, yes.

21 Q Were they friends of yours?

22 A Yes.

23 Q Did you spend time with them when you were in LA?


25 Q And under the Delta sign there is a cross off, do you

1 know what that is?

2 Do you know what was under there before it was crossed

3 off?

4 A No.

5 Q If we can turn to the next page.

6 Now, this is July 13th through the 15th. Do you see

7 that?

8 A Yes, yes.

9 Q Now you said you didn't have any contact with Harvey

10 Weinstein when you were in California?

11 A I said, I didn't recall.

12 Q Well, do you remember what happened -- if you went to

13 the Peninsula when you were in California?

14 A It looks like I did, yes.

15 Q And do you -- do you know Harvey Weinstein to have

16 frequented the Peninsula?

17 A Not particularly, no.

18 Q Do you know what was crossed off before the Peninsula?

19 A No.

20 Q If you look up there it has the name Dan?

21 A Right.

22 Q And it has a phone number, doesn't it?

23 A Yes.

24 Q And that's Dan Guando's phone number, isn't it?

25 A I don't know. I believe if you say so.

1 Q And Dan Guando is Harvey Weinstein's assistant, isn't

2 he?

3 A Yes.

4 Q So when you are in California on the 13th, 14th and

5 the 15th, you are in contact with Harvey's assistant?

6 A Okay.

7 Q Well, I am asking you.

8 A Potentially. I don't remember the conversations.

9 Q If it is in your calendar you had to have written

10 that?

11 A It doesn't say that there was a phone call. It has a

12 number.

13 Q And you would have gotten that number while you were

14 in California, correct?

15 A That I don't know. I don't recall getting the number

16 so I don't know when I got it.

17 Q We can at least agree it's on July 13th, 14th or 15th

18 or at least on that page, correct?

19 A Not necessarily. That's just where I wrote it.

20 Q And you wrote it on the page for July 13th, 14th or

21 15th?

22 A Correct.

23 Q And if we can turn to the next page.

24 And who is Collin Calendar?

25 A He is somebody who was working at HBO.

1 Q And you met with Collin Calendar while you were in

2 California to pitch something?

3 A No, to ask for work, I think.

4 Q To ask for work?

5 A Potentially, yes.

6 Q That's on July the 17th, correct?

7 A It looks like it, yes.

8 Q And then at the bottom, it says, 10:00 p.m. hospital

9 letter baby.

10 A No, it says Cedar, Cedar Sinai.

11 Q I apologize. But that is when your child -- your

12 friend's child was born, correct?

13 A Yeah, the next day, actually but, yes.

14 Q You were still in California at that time?

15 A Yes.

16 Q And was still on the ticket that Mr. Weinstein had

17 provided for you, correct?

18 A Yes.

19 Q And if we can go to the next date.

20 So, ma'am, we discussed a little bit earlier how

21 sometimes you draw things on your calendar to reflect your

22 mood.

23 On the 20th, the 21st, the 22nd, you drew some more

24 hearts and some flowers, correct?

25 A Yes.

1 Q And you went to the spa?

2 A Yes.

3 Q And what's Julie and Fords?

4 A Julia Byrds.

5 Q Julia Byrds?

6 A That's probably a dinner with Julia Byrds.

7 Q And is it similar -- you testified earlier when I

8 showed you the hearts from March or, excuse me, from June that

9 it was reflecting the mood you were in.

10 Is that similar to what you are doing on this calendar

11 here?

12 A It's similar, yes. I doodle when I talk on the phone

13 or whatever.

14 Q When I asked you earlier you said you drew hearts on

15 the calendar because that reflected the mood you were in,

16 correct?

17 A Possibly.

18 Q If we can go to the next date.

19 Now, this is July the 24th. And it says that you are

20 coming back from California at 3:15, LAX to New York City,

21 right?

22 A Correct.

23 Q And when you get back, you have a number of things on

24 your schedule to do like anybody would have when they are

25 coming from home from somewhere or --

1 A Yes.

2 Q Call Collin from HBO, that's the individual that you

3 met while you were in California, correct?

4 A I am not sure I met with him. If it says so, I may

5 have but I don't recall the actual meeting.

6 Q Do you remember being in California, generally?

7 A I do, yes.

8 Q Okay. It says, do HR, send keys, get stuff for -- I

9 don't know what that says -- get chargers for phone, do

10 laundry, get underwear and email Jamal, correct?

11 A Uh-hum.

12 Q Then it says, HW, five p.m.?

13 A Yes, that's on the Wednesday.

14 Q Can we go back to the July 10th, HW for a second.

15 And blow that up.

16 Now, that's how you wrote HW on July 10th, correct?

17 That's your handwriting?

18 A I presume so because it's my calendar, yes.

19 Q When you say, you presume so, it is your calendar,

20 what does that mean?

21 A I am the only one that wrote in my calendar as far as

22 I know.

23 Q Does that look like your handwriting?

24 A Yes.

25 Q Let's go to the HW now on July 25th?

1 A Is it your testimony that those are similar?



4 THE WITNESS: Not particularly.

5 Q Okay, not particularly. Did you write HW on July

6 10th?

7 Was that you who wrote that?

8 A I don't know anybody else who would have gone and

9 written in my calendar. So, yeah. Yes, I would say so.

10 Q And that HW and the other HW and we are going to look

11 at some other HWs as we go along. I want to talk about this

12 day if we can blow it up, please.

13 Now, Ms. Hast asked you questions about how you were

14 feeling around this time. Do you remember those questions?

15 A Yes.

16 Q Okay. And at some point Mr. Weinstein gets in touch

17 with you and you put that in your calendar for a meeting at

18 five o'clock p.m. in Tribeca Grand Hotel, correct?

19 A Yes.

20 Q And then you schedule a dinner after that with your

21 friend Christine. Is that Christine Pressman?

22 A Correct.

23 Q Christine Pressman was a friend of yours that lived in

24 New York?

25 A Correct.

1 Q A friend of yours that you keep in touch with

2 throughout the summer of 2006?

3 A Correct.

4 Q And the state asked you some questions about what was

5 going through your mind when you got that invitation to go to

6 Harvey Weinstein's hotel. Do you remember those questions?

7 A Um.

8 Q Generally?

9 A Yes.

10 Q Okay. And we are going to get into the specifics of

11 that, but on the 26th of July, you had sex with Harvey

12 Weinstein, correct?

13 A There was sex with Harvey Weinstein, yes.

14 Q And if we can go to the next day, real quick --

15 A Yes.

16 Q And if we look at the calendar again and I am just

17 going on what you told me. You said you draw hearts to sort of

18 reflect your mood.

19 Is that reflective of your mood on July the 27th, 28th

20 and 29th?

21 A It may have been.

22 Q Now, we can go back to the 26th, please.

23 Now, you said you went to the Tribeca Grand and Harvey

24 called you, right?

25 A Yes.

1 Q Correct?

2 A I don't remember the phone call.

3 Q Do you remember testifying in front of the Grand Jury?

4 Do you remember him at least initiating this?

5 A I am sorry.

6 Q Do you remember him initiating a call or initiating a

7 request to for you to come to the Tribeca Grand?

8 A Certainly, it wasn't me, yes.

9 Q And at that point you had some options, right, as to

10 whether to go or not?

11 A Yes, I did.

12 Q You told the jury that after Harvey Weinstein

13 assaulted you on July the 10th, you had thought about some of

14 those options, correct?

15 A To do with the assault, yes.

16 Q And the options that you discussed and thought about,

17 one of them was to call the police, correct?

18 A Correct.

19 Q Okay. One of them was to out him publicly for what

20 you say he did, correct?

21 A The thought crossed my mind, yes.

22 Q And it is your testimony that the reason you didn't

23 call the police was because you worked on Project Runway for a

24 week and you were worried that you would have problems with

25 your Visa?

1 A It was a little bit more than a week.

2 Q Three weeks?

3 A Yes. So whatever it was, yes. In fact, I was told

4 that you could even get barred from entering the country, even

5 on suspicion that you wanted to stay or work in the United

6 States.

7 Q When did you hear that?

8 A I have been told that. That's just what I have been

9 told.

10 Q Were you told that before July of 2006?

11 A Yes.

12 Q Okay. Yet you came any away?

13 A I was very aware, yes, uh-hum.

14 Q Now, we talked about those two options. There was a

15 third option, never talk to Harvey Weinstein again?

16 A Yes.

17 Q Never see Harvey Weinstein again?

18 A Yes.

19 Q Never send Harvey Weinstein a script again?

20 A Yes.

21 Q Never talk to your friends about Harvey Weinstein

22 being able to make scripts, right?

23 A Makes scripts?


25 Q Never deal with Harvey Weinstein in any way, shape or

1 form?

2 A Yes.

3 Q So on July the 26th, when you get an invitation by Mr.

4 Weinstein either from his assistant or from him, it is your

5 testimony that you decided you were going to go over there?

6 A I was convinced to agree to meet him, yes, but I don't

7 remember.

8 Q Who convinced you?

9 A I don't remember the conversation.

10 Q And he didn't force you to have sex at the Tribeca

11 Grand, did he?

12 A I didn't physically resist but I felt that -- yeah.

13 Q Did you remember testifying before the Grand Jury that

14 it wasn't forced?

15 A Correct, because I didn't resist.

16 Q Okay. So you get a call to go meet Harvey Weinstein

17 from somebody and you arrive at the hotel, correct?

18 A Yes.

19 Q And it's your testimony that there was a, you know, an

20 assistant or somebody who was there?

21 Do you remember an assistant being there?

22 A No, I -- what I testified to is that I don't recall

23 whether there was an assistant or whether the front desk sent

24 me up to a room.

25 Q So is it fair to say you recall walking over there,

1 you recall your shoes, you don't recall whether an assistant

2 was there when you got there, correct?

3 A That is a few questions in that question.

4 Q I will sustain that objection.

5 You said you went over there and you don't know if an

6 assistant was there to greet you, right?

7 A Correct. I don't recall whether there was an

8 assistant or whether I went to the front desk or what I did.

9 Q Did -- if there wasn't an assistant there, you would

10 have went to the front desk and you would have found out what

11 room Mr. Weinstein was staying in, correct?

12 A Yes.

13 Q And you would have gone up to his room?

14 A Yes, exactly, yes.

15 Q And you told the members of this jury --

16 A Yes.

17 Q -- that when Mr. Weinstein, when you opened the door,

18 he grabbed you by your arm?

19 Do you remember telling them that?

20 A I said that as soon as I went up to the room he --

21 yeah, he grabbed me by the arm. Not grab me by the arm. He

22 grabbed me by the arm and led me inside the room and straight

23 towards the bed.

24 Q Just like that, he grabbed you?

25 A Yes, actually, on that occasion, yes.

1 Q And when he grabbed you, he dragged you to the

2 bedroom?


4 THE WITNESS: Not dragged me. He led me.

5 Q What did you say to him when he led you to the

6 bedroom?

7 A I don't recall.

8 Q Now, I think what you told the Members of the Jury was

9 that he had sex with you while you were there?

10 A Correct.

11 Q Ma'am, did you take your clothes off? Did he take

12 your clothes off, do you recall?


14 Q And you told this jury that Harvey Weinstein said

15 pretty horrible things to you, right?

16 A Yes, correct.

17 Q You used the word, bitch, or you said he did?

18 A Yes. Well, yes.

19 Q Okay. You spoke to the prosecutors in the June of

20 2018, correct?

21 A Yes.

22 Q And it was one of the first times you spoke to, at

23 least the prosecutors, not your lawyer, but the prosecutors,

24 right?

25 A Yes.

1 Q And when you spoke to the prosecutor's in June of

2 2018, they asked you questions, not only about July the 10th

3 but they asked you questions about July the 26th, correct?

4 A Correct.

5 Q And when they asked you questions about July the 26th

6 and what happened with Harvey Weinstein at the hotel, you told

7 them that, I don't remember the situation, I don't remember the

8 meeting, didn't you?

9 A I don't remember saying that.

10 Q You don't remember saying that?

11 A No, I don't.

12 Q You certainly didn't tell the DA's in June of 2018,

13 that Mr. Weinstein called you those names, did you?

14 A No, I think that is something that I remembered later

15 because I focused in more on that particular --

16 Q You remembered that later?

17 A Yes.

18 Q So -- so by the time you had spoken to the DA's,

19 ma'am, you had already done a press conference, correct?

20 A Yes.

21 Q You had already appeared on to the Megan Kelly Show,

22 correct?

23 A Yes.

24 Q You had already appeared ton on MSNBC, correct?

25 A Yes.

8

1 Q And it is your testimony that after that when you

2 spoke to the DA's, you still hadn't remembered that Mr.

3 Weinstein called you those names and treated you that way?

4 A I had not been focusing on that incident at that

5 point, so -- and it was a very long time ago. So I wasn't

6 really remembering as much and then because I was focusing more

7 on that later I remembered more.

8 Q So everything was a very long time ago, correct, all

9 of this?

10 A Correct.

11 Q And --

12 A But some things stick out.

13 Q You didn't focus on the Tribeca situation when you

14 spoke to the DA's in July of 2018?

15 A Correct, correct but I did tell them about it as far

16 as I can recall.

17 Q You also testified in front of the Grand Jury, not

18 just a meeting with the DA's Office, but you testified. And

19 when you testified it was in a room, maybe not as big as this

20 or may be bigger, there were jurors sitting here and you were

21 asked questions about the meeting at Tribeca Grand, correct?

22 A Correct.

23 Q And one of the questions you were asked and you gave a

24 series of answers, page 231:

25 Question, so with regards to the incident that you

1 described at the Tribeca Grand Hotel, a juror has a question:

2 For one thing, I think you told us earlier that your

3 memory of this incident is -- how would you describe your

4 memory in terms of quality of your memory of that incident?

5 Answer, not very detailed.

6 MS. HAST: Objection, again. It's consistent.


8 BY MR. CHERONIS:

9 Q Well, you are -- well, when you testified in the Grand

10 Jury in 2018, you didn't mention anything about him calling you

11 those names, did you?

12 A No, I didn't.

13 Q And they asked you about that and you said you didn't

14 have a recollection of it?

15 A They didn't ask me, specifically, about any names, no.

16 Q They asked you about the incident, didn't they?

17 A They did.

18 Q And you didn't offer that? You didn't say he said

19 that?

20 A No, I didn't recall at that moment.

21 Q You didn't recall at that moment when you were sitting

22 in front of the Grand Jury after you were speaking to the DA's

23 Office, after you had spoken to your lawyer, you didn't recall

24 that?

25 MS. HAST: Objection, Judge. Already asked.


2 Q Is this because you hadn't focused on it at that

3 point?



6 THE WITNESS: Correct.

7 Q Mr. Weinstein never called you those names, did he,

8 ma'am?

9 A He did.

10 Q Let's go to the next calendar.

11 Can we blow that up, please.

12 Did you go to dinner with Ms. Pressman afterwards?


14 Q This is the very next insert on your calendar, Ms.

15 Haleyi, am I correct?

16 A Yes.

17 Q We already talked about the hearts being up there.

18 The next day it says, call Dan about tix.

19 Did I read that correctly?

20 A Yes.

21 Q You know that's Dan Guando?

22 A Yes.

23 Q And the tix you were talking about were the tickets

24 that Harvey Weinstein agreed to give you to fly you to London

25 on August 2nd, correct?

1 A Perhaps. I don't remember the exact conversations or

2 the -- yes, probably.

3 Q So you do agree that on August 2nd you flew to London,

4 correct?

5 A I would have to be refreshed.

6 Q If we can shoot it over one.

7 JFK to London, correct?

8 A Yes.

9 Q And you know that Harvey Weinstein paid for that

10 ticket, don't you?

11 A I know that now, yes.

12 Q Well, you knew it then too, didn't you?

13 A I knew it then but I didn't remember particularly

14 until I was shown.

15 Q So did you talk to Mr. Weinstein at the Tribeca Grand

16 about him flying you to London --


18 Q -- days later?

19 A I don't remember that conversation.

20 Q You didn't talk to him in LA according to you,

21 correct?

22 A I don't recall talking to him in LA.

23 Q And then when you get back you talked to him at the

24 Tribeca?

25 A I talked to him at the Tribeca Hotel.

1 Q You told this jury you remember the names he called

2 you, correct?

3 A Yes.

4 Q And then on the next day, if we can go back to July

5 31st, it says, call Dan for tix, right?

6 A Okay, yes.

7 Q The tix that we are referring to are the tickets that

8 Mr. Weinstein bought you to go to London, can we agree with

9 that?

10 A Yes.

11 Q And if we can go to the next clip, on August 31st,

12 there is a scratch off there, am I right?

13 A Okay, yes.

14 Q And you know now what's under there, don't you?

15 You have been told?

16 A I don't recall, sorry.

17 Q It says, call Dan to see if I can go.

18 A I see. Okay, yes.

19 Q And you agree with me that's what it says under there?

20 A I have been shown something that says that's what it

21 says, yes.

22 Q It says that because you wrote that, call Dan to see

23 if I can go, correct?

24 A Correct.

25 Q And then you completely crossed that off, didn't you?

1 A Yes.

2 Q It's not just a little cross off, that is an

3 obliteration, isn't it?

4 A Yes.

5 Q And the, call Dan to see if I can go, is Dan Guando,

6 correct?

7 A Most likely, yes.

8 Q That's someone who works for Harvey Weinstein?

9 A Yes.

10 Q That was someone you were calling about tickets to go

11 to London with, right?

12 A No -- yes, I was calling him, yes. I suppose. I

13 mean, that's what it says. I don't recall the phone calls.

14 Q We can agree that after the Tribeca, you called Dan

15 Guando for tickets and you then called Dan to see if you could

16 go and on August 2nd you fly to London on a Weinstein ticket,

17 correct?

18 A Correct.

19 Q Do you not remember any of that?

20 A I don't recall the specific conversations. But if it

21 says that I went to London on a Weinstein ticket, then I

22 believe you.

23 Q I didn't write it?

24 A I believe it.

25 Q You went there because he purchased you a ticket a few

1 days after you are claiming --

2 A On miles. I believe on miles.

3 Q On miles?

4 A Probably, yes.

5 Q You remember that or are you just saying that?

6 A I believe so.

7 Q So was it in between Mr. Weinstein swearing at you

8 when he offered to fly you to London?

9 A He called me a bitch and a whore because he thought it

10 would turn me on while we were having sex.

11 Q Or maybe he didn't say it at all.

12 A No, he did say it.

13 Q And let's go to the next date.

14 MS. HAST: Judge, this isn't in evidence.

15 MR. CHERONIS: I can lay a quick function, Judge.

16 Does it really matter?

17 MS. HAST: It's not in evidence. If you want it

18 to be in evidence on the record, you have to put it on the

19 record.

20 MR. CHERONIS: May I approach, Your Honor. I

21 don't want to approach, if I can't.

22 Can somebody approach?

23 BY MR. CHERONIS:

24 Q Does that appear to be an accurate insert in your

25 calendar for the first week of August?

1 A Yes.

2 Q Do you have any reason to believe that that's not a

3 true and accurate depiction of the calendar that was turned

4 over to me?

5 A No.

6 MR. CHERONIS: Your Honor, I ask that this be

7 published.


9 MS. HAST: No.

10 THE COURT: That should be Defense O as in olive.

11 BY MR. CHERONIS:

12 Q Now, Paolo picked you up at 6:35 in the morning?

13 A Yes.

14 Q Was that your boyfriend?

15 A No.

16 Q Did you ever date Paolo?

17 A No.

18 Q And then at 10:30 on Thursday you go to the Baglioni

19 Hotel?

20 A Yes.

21 Q You had a place to stay in London, right?

22 A Yes.

23 Q And it wasn't the Baglioni Hotel, was it?



1 THE WITNESS: No.

2 Q Was Mr. Weinstein staying at the Baglioni Hotel?

3 A Not to my knowledge, no.

4 Q Do you remember what you did at the Baglioni Hotel?

5 A Probably had dinner.

6 Q And the next day you go to Cipriani's, correct?

7 A Correct.

8 Q Was Mr. Weinstein there?

9 A I don't recall him being there, no.

10 Q You had called Dan Guando to see if you could go,

11 where were you trying to go?

12 A I don't know because I don't remember calling the

13 phone call. All I know is -- or whatever it is -- the only

14 thing I know is what I have been told since.

15 Q The only thing you know is what you have been told

16 since?

17 A About that. When it says, call Dan, that's the only

18 thing I know is the scribbled over thing that I have been since

19 shown, that that is what I know of that.

20 I don't recall the particular conversation.

21 Q Do you know -- do you remember when you scribbled over

22 that?

23 A No.

24 Q Do you know why you would have scribbled over that?

25 A I scribbled over a lot of things. I don't know.

1 Q Like that?

2 A Yes.

3 Q And whether Harvey Weinstein was in London or wasn't,

4 he certainly paid for your trip to go there, correct?

5 A Correct.

6 Q Now, at this point you have told us about what

7 happened on July 10th and about this experience on July 26th

8 before Mr. Weinstein -- before the London trip.

9 Did you decide at that point to sever all ties with

10 Mr. Weinstein?

11 A I didn't decide anything, no.

12 Q Well, you certainly didn't severe ties with him, did

13 you?

14 A No, I didn't.

15 Q In fact, on September the 8th of 2006, you learned

16 that Harvey Weinstein is in London and you try to switch your

17 flight in order to meet him and Dan Guando, correct?

18 A No, not necessarily.

19 Q Okay. I am going to show you what I will mark as.

20 THE COURT: P.

21 MR. CHERONIS: P.

22 MS. ILLUZZI-ORBON: Can you show it to us,

23 please?

24 MR. CHERONIS: Oh, I am sorry.

25

1 BY MR. CHERONIS:

2 Q Is this an email that you sent to Dan Guando?

3 A Yes.

4 Q Dan Guando, as we talked about, is Harvey

5 Weinstein's assistant?

6 A Yes.

7 Q And that's a true and accurate depiction of that

8 email?

9 A Yes.

10 MR. CHERONIS: Your Honor, I ask that it be

11 published.


13 MS. ILLUZZI-ORBON: No objection.


15 THE COURT: Defense P is received into evidence.

16 BY MR. CHERONIS:

17 Q If you can blow that up.

18 And that's an email that you are sending to Dan.

19 It says, hi Dan. How are you. So I'm back in London

20 and totally bummed to have missed you guys.

21 Did I read that correctly?

22 A Yes.

23 Q And the, you guys, that you are referring to are Dan

24 and Harvey Weinstein, correct?

25 A Yes.

1 Q And it says, I tried to change my flight till Friday

2 but I couldn't. So if you are coming back any time soon,

3 please let me know. Also, it would be great to know when

4 catwalk might start shooting, if I have a spot, all the best

5 Miriam, is that right?

6 A Yes.

7 Q So that's you sending an email to Harvey's assistant

8 saying that you are bummed to have missed them --

9 A Yes.

10 Q -- and asking if there might be a catwalk spot

11 available for you at some point?

12 A Yes.

13 Q And you never got a catwalk spot, did you?

14 A No. But it was -- yeah, no.

15 Q And you actually tried to change your flight in order

16 to get there earlier to see Harvey Weinstein?

17 A I am not sure that that's true.

18 Q Is that what it says?

19 A I may have said that but I am not sure that I actually

20 tried to change my flight.

21 Q You may have been fibbing in the email?

22 A Perhaps, I might. I don't recall.

23 Q The man that you may have been changing your flight to

24 see is the same man that you described on July 10th and July

25 26th, correct?

1 A Correct.

2 Q You have talked a little bit on direct examination

3 about a meeting with Mr. Weinstein at a place called Claridges,

4 correct?

5 A Yes. I only remember that as Claridges because I saw

6 it in my calendar.

7 Q And do you remember what that meeting was about?

8 A Um, as far as I can recall, when I met him in London I

9 took my laptop to show him a project that I was hoping to get

10 some -- I just wanted to pitch a project idea.

11 Q You wanted to pitch a project to Harvey Weinstein?

12 A Pitch a project, get his opinion, yes.

13 Q You wanted to meet with him in a hotel room and pitch

14 a project to him?



17 THE WITNESS: I didn't want to meet him in a

18 hotel room. I wanted to pitch a project to him and that's

19 where it ended up.

20 Q I am going to show you what I will mark as Defense

21 Exhibit Q. November 6.

22 Ma'am, I am going to ask you, what are the three days

23 on there?

24 A It says, November 6th, 7th and 8th.

25 Q Is that a true and accurate depiction of your

1 calendar?

2 A It is.

3 MR. CHERONIS: And I ask that that be received in

4 evidence and published.



7 THE COURT: Okay, defense. Q is received into

8 evidence.

9 Q And that's a meeting with Harvey Weinstein at 4:00

10 p.m. at Claridges, correct?

11 A Correct.

12 Q And did you remember -- do you remember that meeting?

13 A I remember meeting him in London and showing him Trash

14 TV idea on my laptop.

15 Q Would you take my word for it that you didn't send him

16 the Trash TV package until February of 2007?

17 A I was already thinking and writing about Trash TV

18 before that time.

19 Q When you were thinking about it and writing it, you

20 wanted someone to produce it, correct?

21 A Not necessarily. I may have just been showing him the

22 idea to see what he thought about it.

23 Q Like a friend would show a friend something.

24 A No, a person would show somebody who is very

25 experienced in the field something.

1 Q And that's what you thought of Mr. Weinstein in

2 November of 2006, he was a person that you could share your

3 work with because he was experienced in the field, correct?

4 Right?

5 A Yes. I felt he was a successful producer who knew a

6 lot.

7 Q And that HW, you signed that HW, correct?

8 A Yes.

9 Q And if we can go back to the July 10th HW, are those

10 similar?

11 A Not really.

12 Q Did you write them both?

13 A Like I said, I don't know that anyone else would have

14 written in my calendar. So I would say, yes.

15 Q You talked about Trash TV, correct?

16 A Yes.

17 Q Trash TV was a concept that you had developed along

18 with some friends, right?

19 A Yes.

20 Q Mainly yours?

21 A Yes.

22 Q It was sort of your brain child, something that you

23 wanted to get off the ground?

24 A Yes, it was an idea.

25 Q It was an idea that you wanted to maybe turn into a

1 show?

2 A Yes. Yes, an online show, yes.

3 Q And you put together a treatment for that show, didn't

4 you?

5 A Somewhat, yes.

6 Q And at that time in February of 2007, Michael White

7 was still alive?

8 A Yes.

9 Q You had met producers on the TV show, Shoot Me in

10 England, right, or Shoot Me 2?

11 A I was a producer on Shoot Me 2, yes.

12 Q At this point you are 29 years old?

13 A Correct.

14 Q And you knew a lot of people in the industry, didn't

15 you?

16 A Yes.

17 Q And you knew other producers?

18 A Absolutely.

19 Q You knew other directors?

20 A Yes.

21 Q You knew actors?

22 A Yes.

23 Q You knew a lot of people?

24 A Yes.

25 Q And the person that you decide that you are going to

1 pitch this too --

2 A Yes.

3 Q -- is Harvey Weinstein?

4 A Yes, and many others also. I pitched it to many

5 others. I met with a lot of people about Trash TV.

6 Q I am going to show you what I will mark as R.

7 This is R. And then there is another piece to it. I

8 am sorry.

9 Does that look like the email you sent to Dan Guando?

10 A Yes.

11 Q Is it a true and accurate depiction of that email?

12 A Yes.

13 Q And that includes the Trash TV treatment that you sent

14 to Mr. Weinstein as well?

15 A Yes.

16 MR. CHERONIS: I ask that it be published, Your

17 Honor.

18 THE COURT: Objection.


20 THE COURT: Cheryl can you grab that?

21 (Document is handed to the Judge.)


23 record.)



1 THE COURT: Okay.

2 MR. CHERONIS: I think I laid a foundation for it

3 already. So if we can publish.

4 THE COURT: Defense R is marked as sub one, sub

5 two and sub three.

6 The email from September 8 is one and then the

7 Trash TV treatment and then email from September 18th, I

8 believe.

9 BY MR. CHERONIS:

10 Q Ms. Haleyi, this is an email that you sent to Dan

11 Guando. I am sorry.

12 THE COURT: So jurors, the sergeant just told me

13 that you need a break.

14 (Witness is excused.)

15 THE COURT: All right jurors, please remain

16 mindful of all of my prior admonitions and instructions

17 during this or any other recess.

18 Keep an open mind. Do not form an opinion as to

19 the guilt or innocence of the defendant. Do not discuss

20 this case amongst yourselves or with anyone else.

21 See you back here in about, whatever, five or ten

22 minutes, thank you.

23 (Whereupon, the jury exited the courtroom

24 and the following occurred.)

25 (Continued on the following page.)

1 THE COURT: Attorneys, be back here in five

2 minutes.

3 (Brief recess taken).

4 THE COURT: Okay, let's get the witness from the

5 witness room and jury entering.


7 ( Jury enters courtroom).

8 THE CLERK: Case on trial continued, all parties

9 are present. Parties stipulate the jury is present and

10 properly seated?

11 MS. ILLUZZI: Yes.

12 MR. AIDALA: Yes.

13 THE COURT: The witness will be recalled in a

14 moment.

15 COURT OFFICER: Witness is entering.

16 ( Witness enters courtroom).

17 THE COURT: Welcome back, you are still under

18 oath. Same rules apply. Once the witness looks settled

19 in, you may resume your questioning.

20 MR. CHERONIS: Thank you, your Honor.

21 CROSS EXAMINATION CONTINUED

22 BY MR. CHERONIS:

23 Q Ma'am, so we are clear with something, before we talk

24 about -- you are not claiming Mr. Weinstein forced you to have

25 sex at the Tribecca Grand, are you?

1 A No.

2 Q And we talked a little, before we get into Trash TV,

3 you said somebody told you about the discrepancy between the

4 July 10th Post article and July 11th, who told you that?

5 A The District Attorney.

6 Q The District Attorney?

7 A Yes.

8 Q When did they tell you that?

9 A They were trying to locate the article that I had

10 referred to.

11 Q Okay, the article that you referred to was an article

12 about Harvey and Georgina in Paris, correct?

13 A Correct.

14 Q And that article --

15 A Not necessarily an article, but a mention.

16 Q A mention of them. And you told the D.A that is what

17 was in the back of the driver's seat on July 10th of 2006,

18 correct?

19 A Correct, that is what I remembered, yes.

20 Q Then what happened, the District Attorney told you it

21 couldn't have been July 10th because that article did not come

22 out until July 11th.

23 A Not correct.

24 Q What did they tell you?

25 A They told me they located an article on July 11th, but

1 that did not mean there didn't exist anything July 10th.

2 Q And you want to take a look at the article, have you

3 seen it before?


5 A I have seen an article, I'm not a hundred percent sure

6 of what you are going to show me will be the article or not.

7 Q Would you like to look at it?



10 Q Now, we were talking about Trash TV. I want to show an

11 e-mail you sent to Dan Guando. This is hey Dan, this is you

12 writing, haven't spoken to you in a while, hope you are well.

13 Please, could you forward these attachments to Harvey.

14 It is a letter and sort of treatment for this project I want to

15 do.

16 I'm not forwarding someone else's stuff, it is my own

17 thing, so please, please, could you get him to read it.

18 I want to stop there. What you are saying to Mr.

19 Guando, you are not sending a script from somebody else, you

20 want Harvey to know the script is coming from you?

21 A I wanted Dan to know that.

22 Q He was going to send it to Harvey?

23 A Yes.

24 Q Were you friends with Dan?

25 A No, he's Harvey's assistant, but I wanted him to know

1 it was from me because I had in the past forwarded other

2 people's scripts, so he would definitely deliver it to Harvey.

3 Q Because if it came from you, you thought Harvey would

4 be more likely to read it, right?

5 A Probably, yes.

6 Q Then it says I'd really appreciate it, files are too

7 big to e-mail, mood clips, and any who, would be great if you

8 could let me know you have received this. All the best, Miriam,

9 right?

10 A Correct.

11 Q Included with that is the Trash TV package?

12 A Correct.

13 Q Go to the next. Highlight the top portion of that.

14 This is just without going through all of this?

15 A Yes.

16 Q Moving yet another step closer to everyone having their

17 15 minutes of fame, Trash TV entertainment on the net anyone has

18 a chance to be a part of?

19 A Yes.

20 Q Sort of like a skit comedy show?

21 A Correct, yes.

22 Q You pitched to Mr. Weinstein certain things about Trash

23 TV where individuals, famous individuals might be caught in some

24 trouble, right?

25 A No, not caught in trouble, no, but more perhaps pranks

1 and things like that.

2 Q Most content on Trash TV will be low to no budget

3 productions and improvise, go, open this up. These are some of

4 the documentaries and interviews and events, celebrity

5 interviews and things like that, correct?

6 A Yes.

7 Q That is what you hoped to pitch to Mr. Weinstein or at

8 least get some advice from him, right?

9 A Yes. I may have already mentioned it at that point to

10 him, I don't know.

11 Q This is February of 2007?

12 A Correct.

13 Q Then you meet with Harvey Weinstein, don't you?

14 A I don't recall. I just recall meeting with Harvey

15 Weinstein at some point in London with my laptop to show him

16 some video of Trash TV.

17 Q When you met with him at the hotel in London, were you

18 alone?

19 A There were assistants going in and out, yes.

20 Q Did you know his assistants were going to be there when

21 you went there?

22 A It was a busy workday, yeah.

23 Q You had no fear of going to Mr. Weinstein's hotel?

24 A No, at that point no, I didn't.

25 Q At that point some six months after July of 2006?

1 A Correct.

2 Q Let's see the next e-mail. Then you forward to Dan

3 Guando your letter to Harvey Weinstein thanking him for the help

4 that he gave you, correct?

5 A Sorry, I have not read this, may I read it?

6 Q I can read it along with you. Dear Harvey, thank you

7 so much for your kind offer to help and for John's call. It was

8 very informative and he's very sweet and helpful. Did I read

9 that correctly?

10 A Correct.

11 Q John was an individual that after you met with Harvey

12 Weinstein he put you in touch with John?

13 A I'm not sure I met him for him to put me in touch with

14 John. He may just have given the contact to me by telephone or

15 e-mail.

16 Q You may have met with him or got it?

17 A I don't remember meeting with, I don't remember that

18 specific meeting where I got John's information. It may have

19 been in a meeting or may have been through a phone call.

20 Q I have no quarrel with that, you could have met him or

21 on the phone?

22 A Correct.

23 Q Then it says I mulled over all the things he said and

24 carefully examined the website he suggested as well as bought

25 the book he thought I should read.

1 Without reading all of this, you can read it, if you go

2 down you are just telling him what you are trying to do for

3 Trash TV, is that a fair statement?

4 A Yes.

5 Q At the bottom it says we are hopefully meeting in the

6 next few weeks to discuss collaboration. In the meantime, keep

7 researching and working on it. Your support is very much

8 appreciated.

9 A I was referring to meeting with Felipe Caland.

10 Q Not referring to Harvey?

11 A No.

12 Q What you say to Mr. Weinstein on February 19, 2007 is

13 you shall keep researching and his support is very much

14 appreciated, right?

15 A Yes.

16 Q You sign the e-mail lots of love, Miriam?

17 A Yes.

18 Q You meant that when you said it to Harvey, lots of

19 love?

20 A Yes, it is a very common way to sign off in Britain

21 especially.

22 Q To the man you just described about July 26th and July

23 10th?

24 A Correct.

25 Q Lots of love?

1 A Correct.

2 Q Did he help you at all with Trash TV other than what we

3 just discussed?

4 A No, not that I recall.

5 Q Then in 2007 you were given some tickets by Mr.

6 Weinstein at the Cannes Film Festival for the movie Sicko, you

7 remember that?

8 A I remember getting some tickets at the Cannes Film

9 Festival, I do not remember to what movie.

10 Q It was from Harvey, right?

11 A Yes.

12 Q You actually reached out to Mr. Weinstein and his

13 company to ask if you can get tickets for the movie, didn't you?

14 A Possibly, I don't remember doing that, but it is very

15 possible.

16 Q And that is because you knew Harvey Weinstein could get

17 ticket at the Cannes Film Festival, right?

18 A He probably had some movies the a the Cannes Film

19 Festival, yes.

20 Q You decided to reach out to him to ask for the those

21 tickets, right?

22 A Yes.

23 Q Did you see him at all in Cannes in 2007?

24 A I don't remember seeing him, no.

25 Q Do you remember leaving a message for him and his

1 company telling him you were in town?

2 A I remember leaving a message that I didn't make it to

3 the movie. I do not remember the conversation before that.

4 Q Do you remember Harvey asking if you were in London?

5 A I don't recall.

6 Q I'm going to have somebody show you a document.

7 A Okay.


9 Q Does that appear to be an e-mail sent from somebody

10 from Mr. Weinstein's office to you?

11 A Yes.

12 Q Without getting into everything in the e-mail,

13 essentially Mr. Weinstein wants to know if you are still in

14 London?

15 A Correct.

16 MS. HAST: Has that been marked?

17 Q And you tell Mr. Weinstein's assistant you'll be in

18 London for a few days then you are starting a job in Miami,

19 correct?

20 A Well yes.

21 Q So, if I can get that back.

22 MR. CHERONIS: I ask this be admitted into

23 evidence, but I'll not ask it be published at this point.


25 MS. HAST: No.

1 THE COURT: Defendant's S is received into

2 evidence.

3 Q In that situation, Mr. Weinstein wants to know if you

4 are in London and you say yes, I'm here for a couple of days,

5 correct?

6 A Can I see it again, does it say yes?

7 Q Yes, I'm in London for a couple of days but I'm moving

8 to Miami on Friday?

9 A Yes.

10 Q You don't know if you saw Mr. Weinstein at that time or

11 not?

12 A I don't recall seeing him.

13 Q Then we talked at the beginning of the cross

14 examination about running into Mr. Weinstein in 2008 at the

15 Cannes Film Festival.

16 You had phone calls with him and you send him that

17 e-mail about the Mercer Hotel, right?

18 A Repeat.

19 Q It was a lot. We started out the questions that Mr.

20 Weinstein ran, you ran into him at 2008 at the Cannes Film

21 Festival, right?

22 A Yes.

23 Q And you send him that reminiscing e-mail about the

24 Mercer Hotel?

25 A Yes.

1 Q He responded you are a genus, right, you remember

2 that?

3 A Well, I have seen it, yes.

4 Q Now, back in 2009, you had not seen Mr. Weinstein in at

5 least a year, right, or in February of 2009 you had not seen him

6 since Cannes, June of 2008, right?

7 A Correct.

8 Q And do you recall reaching out to Mr. Weinstein on

9 February 25th of 2009 and asking him if he had a job or a runner

10 position?

11 A I remember having seen, yes, I have seen the e-mail

12 since.

13 Q Let me show it to you.

14 A Thank you, I cannot remember exactly the date unless I

15 see it.

16 MR. CHERONIS: It is T.

17 A Yes.

18 Q Is that a true and accurate depiction of an e-mail you

19 sent to Harvey Weinstein?

20 A Yes.

21 MR. CHERONIS: I ask it be received into evidence.


23 MS. ILLUZZI: Can we see it.

24 MR. CHERONIS: I ask this be published.

25 THE COURT: Any objection to its admission?


2 THE COURT: Received into evidence.

3 Q This is maybe one of the last communications you have

4 with Mr. Weinstein via e-mail?

5 A Yes.

6 Q Dear Harvey, on May 25th of 2009, I have not seen you

7 in so long, how are you.

8 Listen, I'm saving up to become a Kundalini Yoga

9 teacher. I just wanted to announce myself available for work if

10 you happen to by any chance have anything shooting in London.

11 Did I read it correctly?

12 A Correct.

13 Q I'll be a runner whatever, I really appreciate any

14 lead. My cat needs feeding.

15 A Correct.

16 Q Either way I hope you are super well. Peace and love,

17 Miriam?

18 A Correct.

19 Q So, in 2009 when you sat down at your computer or typed

20 it on your phone, again, you had options to not send that e-mail

21 to Mr. Weinstein, correct?

22 A Absolutely.

23 Q And you had options on how to sign that e-mail,

24 correct?

25 A Correct.

1 Q That is what you would consider a friendly e-mail

2 asking for a job if possible?

3 A Correct.

4 Q And at that point, in 2009, Mr. Weinstein didn't have

5 any hold over you, you did not live in the same country, did

6 you?

7 A No.

8 Q You had no connection to him whatsoever?

9 A No.

10 Q Right?

11 A No.

12 Q That is the e-mail you sent him?

13 A Yes.

14 Q And did he respond to that e-mail?

15 A No.

16 Q Did you get a job as a runner?

17 A I probably got a job as something else, but not with

18 Mr. Weinstein.

19 Q And over the years, after July of 2006, you would send

20 scripts to Mr. Weinstein, both scripts you worked on like Trash

21 TV, maybe scripts is not the right word, but your friends as

22 well?

23 A I sent some scripts, yes.

24 Q The reason you would send scripts to Mr. Weinstein from

25 friends is because your friends knew that you knew Harvey

1 Weinstein?

2 A Yes.

3 Q Because you told them that you had a relationship with

4 Mr. Weinstein, correct?

5 A Yes, they were aware of I knew him, yes.

6 Q I believe you said not anybody could just send a script

7 to Mr. Weinstein?

8 A I never said that.

9 Q Okay, how many scripts over the years of your friends

10 did you send to Mr. Weinstein?

11 A I don't think many, maybe a couple.

12 Q Did you introduce him to any other individuals, actors,

13 producers, things like that?

14 A Sorry, if I introduced Harvey Weinstein?

15 Q Yes.

16 A Not that I remember, no.

17 Q Then from 2009 after you send this last e-mail, you

18 don't really see Harvey Weinstein till today?

19 A Correct.

20 Q And in 2017, the State asks you whether you had read

21 any articles about Mr. Weinstein and you said you had?

22 A Correct.

23 Q Memories resurfaced at that point, correct?

24 A Yes, correct.

25 Q It was at that point that you had some options, right?

1 A Yes.

2 Q Could have called the police?

3 A Yes.

4 Q Okay, you hired a lawyer?

5 A Yes.

6 Q And at first, did you say you wanted to remain

7 anonymous?

8 A I think that is lawyer -- I think that is confidential.

9 Q No, not to your lawyer, but did you want to remain

10 anonymous?

11 A Initially I did.

12 Q You didn't want to tell anybody publicly about what you

13 are alleging in this case, right?

14 A I didn't want to be public initially no, but I did want

15 to lend my support.

16 Q Then you hired an attorney?

17 A I retained an attorney, yes.

18 Q Did you pay this attorney?

19 A No.

20 Q That attorney is Ms. Allred sitting in court now?

21 A Correct.

22 Q And without getting into what you discussed with Ms.

23 Allred, you met with her, right?

24 A Yes.

25 Q Did she fly to London or did you fly to the United

1 States?

2 A I eventually flew to the United States.

3 Q You met with her?

4 A I did.

5 Q And very, very soon after that, you were no longer

6 anonymous, right?

7 A Correct.

8 Q You held a press conference?

9 A Yes.

10 Q And a press conference where it was very well attended

11 by the press, wasn't it?

12 A Yes.

13 Q And at that press conference before the microphones

14 came on, flashes were going everywhere, weren't they?

15 A There were some photographers, yes.

16 Q Some, there were a lot, weren't there?

17 A There were.

18 Q Ms. Allred was sitting next to you?

19 A Yes.

20 Q And prior to, prior to going to that press conference,

21 you put together a prepared statement?

22 A Correct.

23 Q You put together a prepared statement about your summer

24 in 2006 with Mr. Weinstein?

25 A Not completely correct.

1 Q Well, we will get to that. You put together a summary

2 of your summer of 2006 with Mr. Weinstein?

3 A No, not correct.

4 Q You talked about some of the allegations, didn't you?

5 A I did.

6 Q Did you write that or your lawyer wrote that?

7 A I wrote that.

8 Q And when you wrote that, you knew that is what you were

9 going to read at the press conference, right?

10 A Yes.

11 Q And you read it at the press conference, didn't you?

12 A I read it, yes.

13 MR. CHERONIS: I seek to publish that.



16 Q You attended a press conference?

17 A I did.

18 Q You created a statement at that press conference?

19 A I wrote a statement, yes.

20 Q And after that press conference was over, your lawyer,

21 Gloria Allred, said she wanted more than an apology from Mr.

22 Weinstein, didn't you?



25 Q Right?

1 A She may have.

2 Q And you know she's an attorney who makes her living as

3 a plaintiff's attorney, correct, filing lawsuits?

4 A Yes.

5 Q And she -- you didn't have to pay her for her to be

6 your lawyer, did you?

7 A No.

8 Q And you know that now because Mr. Weinstein has been

9 charged, the statute of limitations has been extended and you

10 can sue him, you know that?

11 A I was not aware of venue.

12 Q You didn't talk with your lawyer about that?

13 A I have not.

14 Q When you went on your press conference, you knew the

15 entire world was going to be seeing that, didn't you?


17 A I did.

18 THE COURT: Answer stands.

19 Q You knew that what you were going to say was going to

20 affect Mr. Weinstein?



23 A Yes.

24 Q And what you did was you talked about the incident at

25 the Majestic, right?

1 A Correct.

2 Q You talked about the Paris rejection, right?

3 A Correct.

4 Q And you talked about July 10th?

5 A Correct.

6 Q That is all you talked about, right?

7 A Yes.

8 Q And you didn't tell the world at that press conference

9 in October of 2017 that two weeks later you were at the Tribecca

10 Grand with Harvey Weinstein?

11 A I did not.

12 Q You did not tell the world that he flew you to London,

13 two days after that, did you?

14 A No I didn't.

15 Q You didn't tell the world you pitched Trash TV to

16 Harvey Weinstein, did you?

17 A May I just say --

18 Q You didn't tell the world that, did you?

19 A No.

20 Q You didn't tell the world that you met with him to

21 pitch him other shows?

22 A No.

23 Q You didn't tell the world you ran into him at Cannes

24 and sent him a nice e-mail?

25 A No.

1 Q You didn't tell the world you tried to get a job from

2 him in 2009?

3 A No I didn't.

4 Q What you told the world was what your lawyer referred

5 to as her truth, correct?

6 A Correct, and it was not her truth, and it is the truth,

7 yes.

8 Q That is for somebody else to decide ma'am. At the end

9 of the day you did not tell the world in October of 2017 the

10 rest of the story, did you?

11 A It was not relevant to the message that I was there to

12 share.

13 Q Well, let's talk about that message.

14 A Yeah.

15 Q What you did not want to share, were you worried about

16 sharing the fact you had this relationship with Mr. Weinstein,

17 were you worried about the fact you had accepted tickets from

18 him, were you worried about telling the world that?

19 A I was not, but it was not really relevant to the

20 message I was there to share.

21 Q Well, it would have been the whole story, right?

22 A It would have been a two hour statement.

23 Q Probably not.

24 A Well, it would have been very long.



2 Q The truth is in October of 2017 the reason you did not

3 tell the world the rest of the story is because you knew they

4 would have looked at you skeptically?



7 Q Right?

8 A That is not true.

9 Q Okay, the truth of the matter is you had a consensual

10 relationship with Mr. Weinstein?

11 A Not a sexual consensual, no.

12 Q The truth is you had a friendship with Mr. Weinstein as

13 evidenced by all those e-mails, as evidenced how you reached out

14 to him?

15 A I considered him a professional and social

16 acquaintance.

17 Q In 2015, 2014?

18 A I had not seen him for a very long time. In 2014, I'm

19 not sure.

20 Q He was still an acquaintance of yours?

21 A I have not seen him or talked to him for a very long

22 time.

23 Q Then in October of 2017?

24 A Sorry.

25 Q You had not seen him in years, it was not in vogue to

1 be friends with Harvey Weinstein anymore, was it, in October of

2 2017?

3 A No.

4 Q No. You could not send him scripts anymore, could you?



7 A I was not sending scripts because I was not working in

8 that industry anymore.

9 Q 2007 you did, 2009?

10 A Yes exactly, but not in 2017 or I don't know how 2014

11 was relevant.

12 Q And it is your testimony you have no intentions of

13 suing Harvey Weinstein?

14 A I have no plans.

15 Q No plans?

16 A Correct.

17 Q Is it a possibility?

18 A Well, there is always the possibility, but I have no

19 plans at this time.

20 Q So, when the District Attorney asked you if you had any

21 plans to sue Harvey Weinstein, you said no, but you say now it

22 is a possibility?

23 A I'm saying I don't have any plans at this time.


25 Q But it is a possibility?

1 A Anything is a possibility.

2 Q Including the fact you may sue Harvey Weinstein,

3 correct?

4 A I have not considered or planned to sue Harvey

5 Weinstein.

6 Q Never thought about it?

7 A At this time.

8 Q Have you talked to your lawyer about that?

9 A Not much to be honest with you.

10 Q But some?



13 A Yeah, it is confidential, sorry.

14 MR. CHERONIS: It is confidential. No further

15 questions.

16 THE COURT: Any redirect?

17 REDIRECT EXAMINATION

18 BY MS. HAST:

19 Q I'm just going to start at the end of cross examination

20 some of the questions about your press conference.

21 Why did you decide to tell, give a press conference

22 about the July 10, 2006 incident?

23 A I just wanted to add my voice in support and share my

24 experience with the hopes of helping anyone else who was --



2 Q And what experience were you sharing?

3 A The one where I felt was relevant, which was I was

4 assaulted by him at his Tribecca Soho loft.

5 Q Did you consider the second incident, did you consider

6 yourself having been assaulted by Harvey Weinstein on that

7 incident?

8 A I didn't know that that was an assault, because I

9 didn't physically resist. So I didn't recognize that as an

10 assault. Hence, I focused on the one which I knew was an

11 assault.

12 Q The defense counsel asked you some questions about

13 Michael White on cross examination, you remember that?

14 A Yes.

15 Q He sort of insinuated you were living with Michael

16 White, you remember that?

17 A No sorry, he insinuated it?

18 Q Yes.

19 A He insinuated that.

20 MR. CHERONIS: I made no insinuation at all.

21 Q Can you explain to the jury what your relationship was

22 with Michael White?

23 A Michael White was a very, very great friend of mine.

24 He was like a mentor, father figure. Sorry, sorry.

25 He was like family to me. He was a great friend and

1 yeah, we had a close relationship.

2 Q Did you have a sexual or romantic relationship with

3 Michael White?

4 A No, we had a close platonic relationship.

5 Q You talked a little bit on cross examination about

6 wanting Harvey Weinstein to like you as a person. Can you just

7 describe why that was?

8 A Well, I had been introduced to him by somebody that I

9 trusted and cared for very much who was very encouraging about

10 the relation to Harvey, because he felt that he could help me

11 and because he was so ill he felt he could not really, you know,

12 help me as much. So he was very encouraging of that connection.

13 Q There was a bunch of questions on cross examination

14 about names and phone numbers that you had written in your date

15 book, do you remember that?

16 A Yes.

17 Q And did you always write down names and numbers

18 corresponding to the day that you got that number or you were

19 going to call that person?

20 A Not necessarily, no.

21 Q Describe a little how you used that date book to record

22 things you wanted to remember?

23 A I sometimes would doodle on random pages as well as

24 definite dates as well. So I would sometimes write meetings and

25 sometimes I would put a phone number in some random area.

1 Q And did you cross out things in your calendar

2 regularly?

3 A Yes.

4 Q And were you crossing things out in your calendar

5 during the time you were using that insert back in 2006?

6 A Yes.

7 Q Did you cross out anything recently?

8 A No.

9 Q Did you ever cross out anything to hide what was

10 written?

11 A No.

12 Q Did you give that date book to the District Attorney's

13 Office?

14 A I did.

15 Q Again, did you cross out anything in that book?

16 MR. CHERONIS: Asked and answered.

17 Q Prior to giving it to the D. A's Office?


19 A No.

20 Q Defense counsel brought up some of the hearts you saw

21 on your calendar, you remember that?

22 A Yes.

23 Q You talked about the fact you doodled sometimes when

24 you were on the phone and had the date book?

25 A Yes.

1 Q Was a heart one of the common doodles you are sort of

2 going to doodle?

3 A Yes.

4 Q Did any of those hearts refer to Harvey Weinstein in

5 any way?

6 A Certainly not.

7 Q Do you remember defense counsel showing you a phone

8 record to refresh your recollection on cross examination?

9 A A phone record from what time, sorry?

10 Q From 2008 in May of 2018 when you were at the Cannes

11 Film Festival?

12 A Yes.

13 Q Do you remember defense just directed your attention to

14 that front page, do you remember that?

15 A Yes.

16 Q He showed you a phone call that had your phone number

17 as an incoming call to that number, do you remember that?

18 A Correct.

19 Q Do you actually see that highlighted there on the first

20 page?

21 A Yes.

22 Q Look at the second page of that document.

23 A Yes.

24 Q Does that have some additional calls that happened a

25 few days prior to the call the defense directed your attention

1 to?

2 A Yes.

3 Q Do you see some additional highlighted calls that are

4 outgoing calls?

5 A Yes.

6 Q Are those outgoing calls highlighted there, are those

7 in fact from Harvey Weinstein to your phone number?

8 A They have, yes, they are, yes.

9 Q When you were doing Project Runway for the two or three

10 weeks, did you see Harvey Weinstein during that period of time?

11 A No, not at all.

12 Q You discussed a little bit on cross examination about

13 what caused you to come to the door of your apartment when

14 Harvey Weinstein had called or buzzed outside; do you remember

15 that?

16 A Yes.

17 Q And you had said something about that he asked to see

18 you face-to-face, do you remember that?

19 A Yes.

20 Q Can you just describe for the jury sort of what was

21 going on in those conversations while you were in the apartment

22 and he was standing outside?

23 MR. CHERONIS: Objection, scope.


25 A He was just insisting to come in and to talk to me.

1 Q Were you able to get rid of him when you told him you

2 did not want him to come in?

3 A No, he was not leaving, and so that is when I decided I

4 do not want him to come into the apartment, so I'll go meet him

5 at the very front door.

6 Q You remember defense counsel on cross examination

7 asking you some things about your trip to L. A, remember that?

8 A Yes.

9 Q If you had decided to extend your trip in L. A because

10 you wanted to see the baby born, would you have called an

11 assistant to change that flight to a later time?

12 A Possibly, I may also have already asked for it to be

13 booked later because I wanted to be in L. A really for my

14 friend.

15 Q When you arrived in L. A, had the baby been born yet?

16 A No.

17 Q Was there a planned date for when the baby was going to

18 be born?

19 A Yes, there was.

20 Q And did you, was that date sort of close in time to

21 when you actually ended up going to L. A for the premier?

22 MR. CHERONIS: Objection to leading, this is

23 redirect.


25 A I believe it was, yes, or shortly after yes, maybe a

1 week or so.

2 Q Defense asked you about a notation to buy friend baby

3 stuff. Do you remember that in your calendar?

4 A Yes.

5 Q Would you have bought your friend some baby gifts even

6 if you did not get to go to L. A to see her?

7 A Yes.

8 Q Defense counsel asked you some questions about your

9 recollection of an article in the New York Post, you remember

10 those?

11 A Yes.

12 Q Is it possible that you had seen that New York Post

13 article on July 11th when you were in the car going to the

14 airport?

15 A There was a possibility, yes.

16 Q You didn't go to L. A with Harvey Weinstein, is that

17 correct?

18 A Correct, I did not.

19 Q You flew on a commercial flight?

20 MR. CHERONIS: Objection to leading, your Honor.


22 A Correct.

23 Q Was Harvey Weinstein on that commercial flight with

24 you?

25 A He was not.

1 Q In fact, you remember being asked some questions about

2 -- do you remember being asked some questions on cross

3 examination about the notation to Dan and the notation for the

4 Peninsular Hotel?

5 A Yes.

6 Q Did you see Harvey Weinstein during those dates?

7 A No.

8 Q Did you know in fact Harvey Weinstein was on a flight

9 from Westchester to London on July 14th?

10 A I didn't.

11 MR. CHERONIS: Objection, speculation foundation.

12 THE COURT: Question and answer stands.

13 Q I'm just going to go to the August 3rd and fourth

14 calendar days.

15 Do you remember being shown that date. Do you remember

16 defense counsel asking you some questions about your visits to a

17 hotel on the third then Cipriani's on the fourth?

18 A Yes.

19 Q Remember him asking you about whether or not you were

20 going to meet Harvey Weinstein there, right?

21 MR. CHERONIS: I don't think that was a question,

22 so objection.

23 THE COURT: Rephrase it.

24 Q Did you know that Harvey Weinstein was not even

25 actually in London on August 3rd and fourth?



3 A I didn't know whether he was or he was not, I didn't

4 see him.

5 Q Defense counsel asked you a question about the fact you

6 did not get a spot on the Project Cat Walk in London, do you

7 remember that?

8 A Yes.

9 Q Did you actually try to get any sort of work with the

10 Project Cat Walk?

11 A I didn't pursue it much, no. I was open to it, but I

12 did not pursue it much.

13 Q On cross examination defense counsel asked you about

14 seeing Harvey Weinstein again in London in a hotel, remember

15 some of those questions?

16 A Yes.

17 Q Why didn't you have any fear about seeing Harvey

18 Weinstein again at the hotel in London?

19 A I felt that after the time at the Tribecca where he had

20 basically taken what he wanted in that area that I was not

21 interested in, he was not pursuing me in that manner anymore, so

22 I thought, I felt fairly safe after that.

23 Q I'm going to show you what was entered into evidence as

24 Defense Exhibit S. Is that an e-mail you actually forwarded to

25 the District Attorney's Office that you found?

1 A Yes.

2 Q That is an e-mail you brought to the District Attorney

3 attention regarding communications you had with Harvey Weinstein

4 following the attack; is that right?

5 A Yes, this is what I found in my e-mails, yes.

6 Q On cross examination defense counsel asked you about

7 October of 2017, remember that?

8 A Yes.

9 Q He kind of characterized your --


11 MR. CHERONIS: Thank you.

12 Q Did you, the memories of the assault, were those

13 memories that resurfaced in October of 2017?

14 A They resurfaced, yes.

15 Q Are those things that you had remembered still going on

16 since 2006?

17 A Yes.

18 Q Did you still remember and think about that in 2007?

19 MR. CHERONIS: Objection to leading.


21 A I was not actively thinking about those things at that

22 time. I had buried them very deeply and put them out of my mind

23 for many, many, many, years, yes.

24 Q Why did you reach out to Gloria when you wanted to

25 speak to an attorney?

1 A Because once after a lot of thought, I decided that I

2 would, I wanted to share my experience in support of others.



5 A I still had the concern about the fact --



8 A That part of the, part of the experience with Harvey

9 Weinstein was that I had, part of that was that I had been

10 working on Project Runway on my visa basically more or less,

11 even though it was minimal or two or three weeks helping out. I

12 was still concerned about that.

13 Q But why did you choose Gloria specifically?

14 A Well, I spoke to a few friends and they said, you know,

15 whatever --

16 MR. CHERONIS: Objection to hearsay.


18 Q Tell us why you personally, what led you to Gloria

19 rather than another attorney?

20 A Well, I was in Britain and a British lawyer would not

21 have known the law in America. So I wanted to reach out to an

22 American lawyer and I did not know anyone.

23 But I saw in the papers that Gloria Allred was already

24 involved or representing somebody already to do with Harvey

25 Weinstein.



3 Q Why did you keep in contact with the defendant

4 following the two incidents in July of 2006?

5 A In that world that I was in at that time, kind of

6 working, had not been working in production for Michael White

7 and gone on to another production company and so forth, Harvey

8 Weinstein was in that world regardless, right. And so he was a

9 very important figure in that world. And because I felt trapped

10 and not really able to do anything about it as in going to the

11 police or going public with it I believe not ending well for me,

12 I decided to just almost pretend it didn't happen and just put

13 it aside and just carry on as usual and put on a brave face and

14 just carry on.

15 Q Did somebody else write your calendar or was it just

16 you, was that your personal calendar?

17 A That is my personal calendar. So yeah, I cannot

18 imagine -- there is one part where Michael White has written an

19 address which I noticed, uh huh.

20 Q Were you ever using Harvey Weinstein?

21 A Using in what way, sorry, no.

22 MS. HAST: No further questions.

23 THE COURT: Anything?

24 MR. CHERONIS: Yes.

25 RECROSS EXAMINATION

1 BY MR. CHERONIS:

2 Q Ma'am, Ms. Hast asked you on redirect examination

3 whether or not it was possible the article that you were

4 referring to in the New York Post could have been the next day

5 when you flew to California, do you remember the questions?

6 A Yes.

7 Q Just so we are clear, on June 14th of 2018 you sat down

8 with prosecutors in this building, correct?

9 A I don't remember the exact date, but yes.

10 Q And you described to them the events you told the jury,

11 didn't you?

12 A Yes.

13 Q And you told them that when Mr. Weinstein's driver came

14 to pick you up.

15 A Yes.

16 Q And take you to the Soho apartment, there was a New

17 York Post in the backseat open to a picture of Harvey Weinstein

18 and Georgina at fashion shows he invited you to, that you

19 remember thinking maybe he planted it for me to see. She must

20 have --

21 A May I see it please.

22 Q Will it refresh your recollection?

23 A I would like to see it because I do not recall those

24 exact words, I want to see it please.

25 Q Would this refresh your recollection possibly?

1 A Possibly.


3 Q If you can read it to yourself.

4 A Sorry.

5 Q The rules are you've got to read it to yourself and we

6 can talk about it.

7 A Can I just ask, sorry, if I may, can I just ask where

8 this is from?

9 Q The District Attorney gave it to me, I didn't write

10 it.

11 A These are notes?

12 Q They are absolutely notes from the District Attorney, I

13 didn't write them.

14 A Okay, this is not correct.

15 Q Okay, it is not correct?

16 A Yeah.

17 Q It is correct or not correct?

18 A It's not correct.

19 Q The District Attorney must have got it wrong and they

20 wrote it down that way?

21 A Correct.

22 Q The District Attorney told you at some point it could

23 not be July 10th, it had to be July 11th because they got the

24 Post, right?


1 THE COURT: You can answer that question.

2 Q The District Attorney told you at some point after

3 reviewing those notes, that it could not have been July 10th

4 because the article did not come out until July 11th, correct?

5 A I did not say that, no.

6 Q Did somebody tell you that?

7 A No, that is not what they said. They said they found

8 an article on July 11th, but there may also be something

9 somewhere on July the 10th.

10 Q Same article the day before?


12 A I don't know it is the same article.

13 THE COURT: Overruled, the answer stands.

14 Q You told the members of the jury on redirect

15 examination that the reason you kept in touch with Mr. Weinstein

16 was because he was in the same industry with you and he was

17 powerful?

18 A Partly, yes.

19 Q In 2009 he had no power over you when you asked him for

20 the job, did he?



23 A Yes, no, I asked for jobs from many people that had no

24 power over me.

25 Q When you sent him the e-mails, he did not have any

1 power over you, did he?

2 A No.

3 Q And the reason you sent him those friendly e-mails is

4 because you were actually friends with Harvey Weinstein, weren't

5 you?

6 A It was because I wanted a job.

7 Q To the man who you just described what he did to you on

8 July 10th and 26th?

9 A Yes, I asked for jobs from many people, including

10 Harvey Weinstein.

11 Q Now, one of the things Ms. Hast asked you on redirect

12 examination was about phone calls. I certainly was not trying

13 to trick you. Mr. Weinstein called you and you called him back,

14 right?

15 A I believe, I mean I called him according to those

16 records once and he called me three times according to those

17 records.

18 Q You told the members of the jury also on redirect when

19 Ms. Hast was asking you questions about why it is you felt

20 comfortable going to see Harvey Weinstein at a hotel in London

21 after July 10th and July 26th, do you remember those questions?

22 A Yes.

23 Q And according to you, on July 10th you were sexually

24 assaulted by Harvey Weinstein, then on July 26th there was some

25 sort of sex that was not forced, but you were not interested in?

1 A Correct.

2 Q And the reason you felt comfortable going to the hotel

3 after that with Harvey Weinstein is because you thought he had

4 taken what he wanted?

5 A Correct.

6 Q Isn't the reason you felt comfortable dealing with

7 Harvey Weinstein and walking up to Harvey Weinstein and sending

8 Harvey Weinstein e-mails is because he never sexually assaulted

9 you?

10 A No.

11 MR. CHERONIS: No further questions.

12 MS. HAST: Just one.

13 RE-REDIRECT EXAMINATION

14 BY MS. HAST:

15 Q You just read some notes from a D.A during a meeting

16 with you and you said some of it you felt was inaccurate?

17 A Correct.

18 Q Can you further tell the jury what part of that you

19 thought was inaccurate?



22 A I don't recall ever saying there was an open newspaper

23 in the back of the car. I'm also not a hundred percent sure

24 there was a picture.

25 I had the impression there was a picture, but I'm not a

1 hundred percent sure, it definitely was not open to the page.

2 Q You do recall your memory being you saw an article and

3 it may include a picture back on July 10, 2006 when you were in

4 the car?

5 A Sorry.

6 Q You do recall saying to the District Attorney that you

7 had seen an article in the car on what you thought was July

8 10th?

9 A Yes, I mentioned something like that, yes.

10 MS. HAST: Nothing.

11 THE COURT: Thank you very much for your

12 testimony, you may step down, you are excused.

13 A Thank you.

14 ( Witness exits courtroom).

15 THE COURT: All right, jurors, that is it for

16 today. See you tomorrow 9:30 a.m.

17 Please remain mindful of all my prior admonitions

18 and instructions: During this or any other recess, do not

19 form an opinion as to the guilt or innocence of the

20 defendant.

21 Keep an open mind. Do not discuss this case among

22 yourselves or with anyone else, and certainly avoid any and

23 all media, electronic or otherwise, about anything

24 whatsoever to do with the case. Thank you, have a good

25 afternoon and evening, see you tomorrow 9:30.

1 And remember, we will be breaking at the very

2 latest at three p.m tomorrow and depending who the

3 witnesses are and what order they are in, it might be

4 sooner than that, I have no idea. Thank you.

5 ( Jury exits courtroom).

6 THE COURT: So, what are the issues we need to

7 discuss attorneys?

8 MS. ILLUZZI: A few things your Honor. First

9 thing is that when we were at the bench before and we were

10 discussing whether or not the People would be able to call

11 Liz Entin and we said to the defense well, she testified in

12 the grand jury, which she did in August of 2019, and Ms.

13 Rotunno and I think Mr. Cheronis said we didn't get those.

14 We went back and we looked in our records and

15 according to our internal records, I could show it to you,

16 it appears as though hers and a man named Hector Castillo

17 who also testified in the August grand jury, their

18 testimony was burned on CD's and it appears to us as though

19 it was sent, but when I went back to look at our

20 certificate of compliance, it was not specifically listed

21 as compliance.

22 So although we believed we had sent them, it is

23 possible that we didn't, or that they were not contained on

24 the C D we thought they were. I'll explain why. What

25 happened with Liz Entin's C D --

1 THE COURT: Do I need to know why, because the

2 remedy that was requested is granted, function of time.

3 MS. ILLUZZI: We do our best to make sure they get

4 everything, and they would be the first people to say as

5 soon as I get something I'm more or less tossing it their

6 way.

7 MR. CHERONIS: I would not put words in anybody's

8 mouth.

9 MS. ILLUZZI: I'm saying that we do our very, very

10 best. But yet, being in that sort of odd position, we do

11 have a complaint though and I'm going to make my complaint

12 because we feel something was unfair, and that is this:

13 That on Saturday, we received some discovery from

14 the defense regarding Paul Feldscher, and that discovery

15 came in the form of what appears to be half of a text

16 message conversation, meaning that we have Paul Feldscher's

17 portion of a text message conversation that he, we can only

18 imagine had with the defendant, Mr. Weinstein.

19 And it is extremely difficult looking at this

20 conversation to know exactly what it is that Mr. Feldscher

21 is responding to and what questions are being asked to him

22 during this conversation, because the defense has refused

23 to give us Mr. Weinstein's portion of the conversation.

24 If they are going to call Mr. Feldscher regarding

25 anything that is contained in this conversation, then we

1 need the entire conversation, Judge.

2 It does not make sense without the other half of

3 the conversation knowing what questions were asked and what

4 he was responding to, so we are asking the Court to order

5 them to give us the other half of the conversation if they

6 want to call Mr. Feldscher.

7 THE COURT: Can I just say because I've been

8 waiting to say this over and over, I said it before.

9 Nobody cares, the Court has cautioned the defense about

10 their discovery obligations, and you don't have to go along

11 with it. But when you want to call somebody, if there is

12 an absence of discovery, I'm going to say I kept telling

13 you this and you kept not caring.

14 So, if that is the case, then that is the case.

15 If it is not the case, please continue to ignore me.

16 MS. SAMSON: Your Honor, we have not ignored you

17 and we made disclosures to the District Attorney.

18 THE COURT: When did this trial start?

19 MS. SAMSON: But we --

20 THE COURT: When did the trial start, January

21 6th?

22 MS. SAMSON: Yes.

23 THE COURT: When did you file your mandatory

24 compliance?

25 MS. SAMSON: Last week.

1 THE COURT: After the date the trial started.

2 MS. SAMSON: But I believe the District Attorney

3 filed their's after the date the trial started.

4 MS. ILLUZZI: We have been giving them discovery

5 for a year and a half.

6 MS. SAMSON: The certificate --

7 THE COURT: Their's was January second.

8 MS. SAMSON: They have not --

9 THE COURT: What you will give them is not the

10 same as to what they are entitled to.

11 MS. SAMSON: Yes, and regarding the statement of

12 witnesses, we have given them the discovery that is

13 relevant to witnesses that we intend to call, yes.

14 THE COURT: Ms. Fabi Samson, my position, I want

15 to make it clear again, if you come up short and then you

16 want to call somebody, I will say you cannot do it, okay.

17 MS. SAMSON: Your Honor --

18 THE COURT: I don't know what you have.

19 MS. SAMSON: Regarding --

20 THE COURT: Ms. Fabi Samson, I don't know what

21 you have or what their discovery is or who you plan on

22 calling, but you are now for at least the third time on the

23 record recautioned.

24 MR. CHERONIS: Just for the record, after the

25 trial started, we received 2000 pages from the State.

1 After the trial started we get two grand jurys.

2 Ms. Illuzzi wants to talk about reactions, how

3 many times have I asked for unredacted materials in this

4 case, a number of them, and it is interesting to hear the

5 argument in that vein.

6 We will talk to Ms. Illuzzi, we will fullfil our

7 obligations and discuss it. They had Paul Feldscher's name

8 from their own witnesses in this case, we will discuss that

9 with them, we are not hiding anything.

10 MS. ILLUZZI: I'm sorry, first, so the record is

11 clear, I informed all the Court and counsel that we were

12 subject to the new discovery laws, getting materials from

13 the civil division of the AG's Office and we handed to them

14 everything that the civil division of the AG's Office hands

15 us with regard to any of the witnesses that are relevant to

16 this trial.

17 So, by the way Judge, you should also know it was

18 all repeat of probably what they already had, and certainly

19 nothing new whatsoever. So just in terms of clarifying

20 that.

21 Secondly Judge, what my complaint specifically is,

22 this piece of discovery is meaningless without the other

23 half of the conversation. It just is -- so, what we are

24 asking from them is the other half of the conversation far

25 in advance of calling Mr. Feldscher, because what they have

1 given us, half the conversation, is like us giving them

2 half of the e-mail where they are only hearing what the

3 complainant said and not what the defendant said.

4 THE COURT: All right, Ms. Illuzzi, I'm confident

5 they understand, okay, so --

6 MS. ROTUNNO: The record needs to be clear

7 Mr. Feldscher was disclosed to Ms. Illuzzi by Mr. Brafman

8 when he was involved in the case, and Ms. Illuzzi had the

9 option to speak to him and she did not want to because the

10 seeking of justice from that table does not exist.

11 They are not here to find the truth, they are here

12 to put forward what they want. She could have talked to

13 Paul Feldscher a year all.

14 MS. ILLUZZI: Wow, that is an allegation Judge

15 that I got to say I don't think I ever heard in 30

16 something years I've been a D.A.

17 MS. SAMSON: Can I make one comment regarding Ms.

18 Illuzzi's request. The statute is very clear the

19 statements of a witness needs to be disclosed except for

20 the defendant's statements.

21 We redacted the defendant's statements. I do not

22 believe the statements of the witness Paul Feldscher are

23 unintelligible without defendant's statement.

24 If the Judge determines otherwise and orders us to

25 turn over the statements, we will have to do so. But the

1 statute does not require us to turn over the defendant's

2 statements, it is very clear, it specifically excludes the

3 defendant's statements from discoverable material.

4 THE COURT: All right, can you step up and tell

5 me who is being called tomorrow.


7 THE COURT: All right see you 9:30, thank you.

8 ( Trial adjourned to January 28, 2020).

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