Jury Summons

Jury Summons

Sunday, February 23, 2020

Weinstein’s Walker: Disability Impacting Jury Perception


As this class saw during juror interviews, how a litigant, a victim, a defendant, presents him or herself can make a significant difference to a juror's weighing of the evidence (e.g., man accused of crime wearing a shirt with naked women, woman who claims her back hurts does not move in her hard-backed chair, etc). Pop culture often displays lawyers and the parties they represent engaging in questionable tactics to gain sympathy or empathy from the jury.

Jurors swear an oath to decide facts and verdict based on the evidence presented to them. They also rely on their common sense and experience to judge the credibility and persuasiveness of each side’s argument. Disabilities remain a sensitive, uncomfortable topic for many people to discuss. Subconscious bias regarding disabilities remains pervasive despite many efforts to combat. Furthermore, as we have seen with other types of prejudice, when juries do not have contact with a juror with a particular background or characteristic, jurors will often speculate as to how that background or characteristic may play a role in the larger picture. Seeing a disability subconsciously triggers responses that make it hard for nondisabled people, unaccustomed to the broad spectrum of realities and capabilities of people with disabilities, “to overcome deeply rooted and seemingly intuitive aesthetic judgments.”


As of Friday, jurors in Harvey Weinstein’s case remain deadlocked on two of the five counts facing the movie mogul. On Monday, the Jurors will continue to deliberate one of the most serious charges Weinstein faces—predatory sexual assault—in addition to another charge.

One of Weinstein’s first accusers, Annabella Sciorra, remains a focus for the jury’s continued deliberations. Due to the statute of limitations, any charge related to the brutal rape she says Weinstein committed against her remains unavailable for prosecution. However, prosecutors included Sciorra as a victim in the predatory sexual assault charge, and due to allowances by the rules of evidence, she also testified about the alleged rape incident. Thus, during the trial, attorneys for both sides questioned Sciorra about why, on that night, she opened her door to Weinstein, and why did not find a way to escape if she was under attack. During deliberations, the jury requested to review Sciorra’s examination and cross. . .

On cross-examination, Weinstein’s lawyer asked: “Why didn’t you try to run out of the apartment? Did you scratch him? Try to poke him in the eyes?”

Sciorra responded: “He was too big” to fight off. “He was frightening.”

Weinstein, now 65, first hobbled into court with a cane for his bail hearing late last year. After he underwent back surgery, he upgraded to a walker. Weinstein’s lead attorney, Donna Rotunno, criticized how the media covered Weinstein’s walker: “I was dismayed to see all the press coverage incorrectly stating that Mr. Weinstein was trying to garner sympathy at his court appearance.”

Weinstein, 65, may be in a state of rapidly deteriorating health. However, researcher Jasmine E. Harris, U.C. Davis Law School argues that he may, like others before him, hope the benefit of disability aesthetics will help him in the courtroom. Harris argues that this may not only impact the outcome of this particular case, but also the progress disability rights law has made to this point, by perpetuating discrimination and legal remedies that fundamentally misunderstand the issue.

Please see the following additional high-profile cases that raised similar issues about disability:
·      Paul Manafort, former Trump campaign chairman
·      Robert Gregory Bowers, charged in the Pittsburgh synagogue shooting
·      Joseph James DeAngelo, Golden State Killer
In pop culture, Netflix’s Dirty John retells the fascinating and horrifying true story of con-artist John Meehan. During the penultimate episode, John’s wife’s lawyer arranges the proof and paperwork to secure an immediately effective domestic violence restraining order. However, when John shows up to the trial with a cane, and without a lawyer, the judge reschedules the hearing. In the final episode, John violently attacks his wife’s daughter.

Notably, one classmate suggested a solution for ensuring a jury that includes people with various disabilities, which may in turn start more informed discussions in the deliberation room about the realities of having a disability.

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