Harvey Weinstein’s Defense Wanted His Surgeon to Testify to Prove He’s Not ‘Faking It’ With His Walker

The judge denied the request, saying that it had “nothing to do with the case at hand”

Last Updated: February 11, 2020 @ 10:04 AM

Harvey Weinstein’s defense team wanted the ex-mogul’s surgeon to testify before a jury that Weinstein did, indeed, have a laminectomy (spine operation) and that he is not “faking it” with his walker.

“It has been reported on incessantly about his walker, about his ability to stand and walk for extensive periods of time,” Damon Cheronis, one of Weinstein’s attorneys, said at the end of Monday’s proceedings. “We are making no argument, nor will we, that in 2013 or 2016 or any of the relevant periods of time throughout the course of this case that his back or his condition made it impossible for him to commit the crimes alleged.”

“At the end of the day he is hurt and enfeebled,” Cheronis added. “If the jury thinks he is faking it, it could be a problem.”

Justice James Burke swiftly denied his request. “That has nothing to do with the case at hand,” he said.

The defense rested its case on Tuesday. Weinstein did not take the stand. Closing arguments are scheduled to begin on Thursday. The jury will begin deliberating on the charges next Tuesday, after the holiday.

Weinstein faces five felony counts for predatory sexual assault, first- and third-degree rape, and a forcible sex act. He has pleaded not guilty and denied all accusations of nonconsensual sex.

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