NEW YORK, NY – The second day of cross-examination for one of Harvey Weinstein’s accusers in his Manhattan retrial descended into raw emotion and heated exchanges today, as the woman broke down in tears and used expletives while facing intense questioning from the defense. The accuser, Miriam Haley, who alleges the former Hollywood mogul assaulted her in 2006, struggled to maintain composure as Weinstein’s lawyer pressed her on inconsistencies and gaps in her recollection of the alleged assault.
Haley, 48, who also testified at Weinstein’s overturned 2020 trial, had recounted earlier in the week how Weinstein allegedly backed her into a bedroom, pushed her onto a bed, and ignored her pleas of “no” before sexually assaulting her. Today, defense attorney Jennifer Bonjean focused on Haley’s actions and memory surrounding the alleged incident and its aftermath, at times adopting an aggressive line of questioning.
The tension in the courtroom became palpable as Bonjean questioned why Haley would agree to go to Weinstein’s apartment after what she described as previous “bizarre” and “overwhelming” behavior by the powerful producer, including him allegedly barging into her home weeks earlier. Haley explained that she didn’t have a reason to refuse his invitation and didn’t fear for her safety at that moment.
The emotional dam broke when Bonjean pressed Haley on the specifics of how her clothes were removed before the alleged assault. Haley, her voice trembling, stated that Weinstein took her clothing off while she was “busy struggling” and couldn’t recall the precise details.
“You removed your clothes, right?” Bonjean asked, a question that appeared to trigger a visceral reaction from the witness.
“He was the one who raped me, not the other way around,” Haley retorted, her voice rising with anger and tears streaming down her face.
“That is for the jury to decide,” Bonjean responded calmly.
“No, it’s not for the jury to decide,” Haley shot back, her voice thick with emotion. “It’s my experience. And he did that to me.”
Haley then used an expletive to describe Weinstein, prompting Judge Curtis Farber to immediately halt questioning and send the jury out of the courtroom for a brief recess. Haley left the witness stand visibly distraught, her face red and glistening with tears, avoiding eye contact with Weinstein who sat impassively between his legal team.
Following the break, Haley returned to the stand, appearing more composed but with occasional flashes of frustration in her voice. Bonjean continued her cross-examination, probing Haley about specific details she did and did not remember from the alleged assault and its aftermath, including an instance a couple of weeks later when Haley admitted to having a sexual encounter with Weinstein that she didn’t want but didn’t physically resist.
Bonjean questioned why Haley wouldn’t have mentioned the alleged rape during that subsequent encounter. Haley reiterated that she felt “numb” during that later incident.
The intense cross-examination highlights the defense’s strategy of attempting to undermine Haley’s credibility by pointing out inconsistencies in her account and suggesting a more complex relationship with Weinstein than she has portrayed. The emotional breakdown on the stand underscores the high stakes and the personal toll of the retrial for the accusers.
Weinstein, 73, has pleaded not guilty to charges of sexually assaulting Haley and another woman, and raping a third. His 2020 conviction on similar charges was overturned earlier this year by an appeals court citing errors in the trial proceedings. Regardless of the outcome of this retrial, Weinstein remains imprisoned following a separate rape conviction in Los Angeles.