From the New York Times. Michael borrow. This is today and yesterday we heard story of Lucia Evans whose allegations against Harvey Waste helped launch the criminal trial, they got under way. This week a man had when prosecutors dropped her from the case it waste questions about how a man accused of sexual misconduct by more than eighty women could end up facing so few of them in court. Today, in part to my colleagues, Judy Canter and MEG in Chile, on what happened next its final January tenth

Dewey. When we left off Lucia Evans, When will charge against Harvey one scene had just been dropped. Where does that leave the case against Wednesday? ok, so remember, were now in the fall of twenty eighteen Lucius out, so the prospect of Harvey Winston being held criminally accountable seems to now hinge. Just two women, one woman- has a story of sexual assault. The other woman has a story of rape. So everything in this case payment revolved around these two women so who's that they are they So one the one with a story of sexual assault is Mimi Hawaii. She was added to the case right before Lucia Evans was dropped and, what is worse, so many Hawaii works in the entertainment industry and the early two thousands she's pretty junior and she answered me Harvey Wednesday at the Cannes Film Festival in France and its exciting. She is young, she want,

opportunity and they continue to keep in touch because she wants work, they have a series of meetings in New York and eventually he invites her to his home and as far as what happens next, she actually tells the Torreon, a press conference with Gloria all read it was not long ago before he was all over me, maybe

factual advances. I told him no, no, no, but he insisted, and then I said I'm on my period. There is no way that gonna happen. Please stuff, he wouldn't take no for an answer, and that means we should not let what looked like a kids bedroom with his drawing on the walls he held me down on the bed. I tried to get away. I had tried to get him off with me and kept asking him to stop, but it was impossible. He was extremely persistent and physically overpowering. He then orally forced himself on me. While I was on my period even pull my temper now I was mortified as in disbelief and disgusted

Amber Harvey afterwards rolling over on his back thing, don't you feel were so much positive, seven, which I replied. No until you what's the story of the second accuser remaining. In this case, So the second woman is anonymous. She hasn't to turn a list says far as we know, so we ve got kind of a minimal account here, but her allegation is the more complicated story. Also will as soon as it becomes clear that this case is gonna, be part of the criminal Court does Harvey Wednesday and says to his attorneys. Get me my old emails. Get me my.

Called e mails and what the emails show is a kind of warm friendly tone between these two people in the user and wants to exactly including after the alleged attacks took place in twenty seventeen. This is a few years after the alleged attack took place. The woman says I love you always do, but I hate feeling like a booty call smiley face emerging in another one that also from after the alleged attack. She talks about introducing Weinstein's her mother there's a lot of evidence that this is how Harvey Wine Steen operated. There are a lot of stories in way. You know for a long time, after a terrible violation, he maintained kind of friendly relationships with these women. What the women say is that they were under a lot of work pressure to do so. This was the powerful produce her. He had the ability

grant them roles to make them producers to give them job favours. Some of them say that they felt that their careers depended unkind, of keeping up these friendly relationships with him afterwards, because he was an obsession to give the mark. In fact, there is a text message Weinstein's lawyers have produced that Mimi have that first accuser sent him months after her alleged attack the message which comes to him. I think, through an assistant, says hi, just wondering if you have any news on whether Harvey will have time to see me before he leaves acts Miriam which has her full name you're as you're saying this, I am reminded of the reporting that you and Megan have done in which an offer of career help is just central, How have you Einstein, lures women, into these situations that

factly right I mean our finding was that the most powerful com and strand of all of these allegations is that they involve the use of work as a form of coercion, I'm a powerful guy. I can make this happen for you. I have a film role. I can give you come look at a scrap. That's the thing that so many of these stories have in common. But that's what so make some of these stories complicated from right. One of the many reasons why so many of those cases are not the basis for criminal charges is because there is a kind of veneer of consent reality to them, and the risk for the prosecution is that these messages that were exchanged between wine Steen in his

users, particularly the kind of I love you between him and the anonymous accuser. They could create that seem sort a veneer of consent reality that essentially they could make these cases also look like he. These don't belong in the criminal arena and that's exactly what the defence is going to argue donor to no one of Harvey Weinstein's Events attorneys had this to say this week to Vanity fair. She said I look at Harvey Wines, dean and I say Harvey Winston was the guy who held the keys to the castle that everyone wanted to get into, and what people did is that they used him and used him and used him and used them. They didn't look at Harvey and say: oh God, is the most gorgeous guy. I've ever seen, and I want to go to his hotel room- they looked at Harvey and said

Harvey, can do something for me, and so who was using, who? What it used to be saying is he wasn't the predator in some ways, she's arguing they were a kind of product. Exactly that's what so remarkable about the quote. She's basically thing the women were the predators and they used Harvey Wines team. I'm struck that this case. That's all forward fuels less than we expected when you think about the strength and the overwhelming power of the allegations that started to emerge from the reporting that you imagined did two years ago and I'm having a little bit about what is going on here can a moment in this case. We end up with these three challenges. Lucia Evans is draft because of complications, and the remaining charges may end up.

King, the jury to grapple with some very thorny and nuanced questions around consent. So how did we end up in this place, so to tell you a story about alleged Weinstein's them. I've been speaking too for a long time. She come on the daily because she still anonymous and legal documents. She's referred to as Jane DOE aright, here. We are ready to go, but I was able to speak to her attorney genie, Harrison Hygiene, its Jody canter. At the times, how you hello, Jody and Genie Harrison describes a client who, like Lucia Evans, had a very difficult decision to make about what to do with her Weinstein's story. Well, let's just start, I want to ask you today to talk your client, Jane DOE. What why would she coming to you, Jane DOE was coming to me because she

we felt she needed a lawyer who could help her navigate her involvement in criminal investigations that were going on against Harvey and help her under in her own rights. The reason Jeanne do story is so striking. Is that she's basically telling the story of Harvey Winston engaging her in a cycle of sexual abuse that lasts for years? It begins in twenty thirteen time, she's. Twenty two. She was an aspiring actress and working very hard to try to get her break in the industry. Harvey was the major player in business. He led her to a hotel room and park City says it's for work reasons, allegedly abuses her there and then what she says is that Harvey wine steam threatens her. You know you can't anybody what happened and I'm gonna ruin you if you don't play along she,

is very concerned about the negative impact that he told her. He would have if she didn't capitulate to his demands. If she didn't, if she didn't act as his friend, I wanted ask you to read a couple of lines from the complaint you eventually filed on her behalf of the complaint in front of you. I do one of the worst instances she describes takes place in March, two thousand and thirteen in New York. What she says is that she goes to Weinstein's office and that he's telling her that he's going to give her a script so upon entering his office, Jane DOE sat on the couch while Harvey Weinstein claimed to be looking for the script. However, soon after she sat down, he came into the room and the old it in front of her. She was wearing a skirt

and she became uncomfortable and frightened immediately Harvey Wednesday certain towing Jane DOE that he couldn't find the script, but he'd have someone email it to her and then immediately he's telling her that she smells good and he began touching her and moaning she tried stood away and she was begging him to stop, but he didn't. Instead, he pulls at her knees, saying we ve been dating for weeks, which was not accurate, and I have been good to you now. You need to be good to me why seen then, how Jane DOE down removed. Her underwear instructed her to relax, telling her relax, he's much larger and stronger than share.

And when she said no, he again pushes her down scolding her by saying that he's become irritated with her and he then forcibly performed oral sex on Jane DOE when Jane DOE began audibly, sobbing wine steam told her. There is no reason to scream and began berating her saying things like oh my god, you're so difficult. He told her that she quote was being stupid. End quote, and he then began lecturing her about how he and his people were all trying to help her and ass, sir, do you even want to be an actress? He expressly reminded heard that he was the gatekeeper to her dream by claiming I slept with Jennifer Lawrence and look where she is. She is just one an Oscar.

So. I just want to say here there's no indication that Harvey Winston actually slapped with Jennifer Lawrence and she denies that, while we a lot of evidence of is that one, after woman says that in the course of pressuring women, he would say things like. I slept with Glinda Paltrow or Upload Jennifer Lawrence or I slept with Charlie's throne and that it was part of that work as a form of coercion. It was a message that hey, if you do, that, you're gonna, be successful. So, like Lucia Evans allegation Jane DOE story seems like a pretty strong candidate for criminal prosecution, write it it falls within the statute limitations. It happened in New York and it's an allegation of a criminal act right

somewhat Jane DOE and her lawyer say the keys sounds potentially strong. She's saved some communications with Wine Steen. She told at least one other person afterwards and also there some evidence that wine steam trade- pressure, her to stay silent wine and his team were putting a lot of pressure on Jane DOE for heard amiss characterized, what was happening between the two of them and for her husband to confirm the Miss characterizations, and it seems like also as in the case of Lucia prosecutors, recognise the potential strength of gene those case. That's how she came to be Harrison's. Client right after prosecutors reached outer right, so Jane DOE comes to me because she's been interviewed a number of times, by the police in New York in relation to Harvey and what he did to her and she

feels really between a rock and a hard place, because she is being asked to be one of the victims on behalf of whom charges could be filed against Harvey Krim. Charges and she's terrified about what that would mean for her and she's trying to figure out what their rights are and what she, do so. What is Harrison say about the conversation she has with Jane DOE one? She agrees. Take her on his client. She says she tried to be really frank and just lay the options on the table. She said if you pursue a criminal case against Harvey Wednesday, and this is what you will face. The defence, attorneys defending Harvey wine? Steen aren't going to hire private investigators There are going to investigate you and everything they can find out about you

and try to find out anything they can use against you. Every aspect of your life is going to be scrutinised. The prosecutor is going to have to turn up Evidence related to you, everything that they have in their file about you your personal life, your story. Your exchanges with wine, Steen they're all gonna, be on the table. And she tells Jane DOE about the process of cross examination. It's about attack the victim blame the victor, malign the victim and try to commend the jury that the victims, the bad person here, and that if she wants to go forward, that is almost inevitably what's going to happen to her, no matter how terrible this alleged crime is no matter how strong the cases and his Harrison actually suggested Jane DOE. What she should do she says she doesn't. Would I typically

hell. Clients in a situation like this is that they need to make the and based on what they think. They're priorities are and what's in their own personal best interests, they have to put themselves first, and so I encouraged her to do that too. Clearly, I proceed by having them outline what their immediate goals are and prioritize those. So we can make a plan to achieve those goals. How much thought she gave him a tremendous amount of thought she. He really grappled with us. She had a law of internal conflict, so gene I was left to wrestle, but this really difficult decision of whether or not she should come forward, On the one hand, it would put her a great personal and may be professional risk, but on the other hand, if women don't come forward, there can be no trial, let alone a conviction for Harvey Wednesday in what does Jane DOE ultimately decide to do in the end, charges were

not file on her behalf, because she felt tat. She really could not take the risk she decides not to go through with it not participate in the criminal case. Exactly and look this is part of the explanation for how we get from eighty plus wine allegations to too, who are at the basis of this criminal trial, there are a lot of different reasons for that ray. We ve talked about them. There are questions of time and place and whether these are criminal acts, but there is also the question of the willingness of the women I think, probably the core issue that victims grapple with in sex abuse cases is whether or not to come forward. And if I come forward, how far do I go with and sex abuse, perpetrator, the sexual violence, perpetrator really benefits from

what happens emotionally to the victims as a result of being victimized which is the internal blame and shame and- fusion and design. Aviation and repression that hers inside of a victim and to all of that it's like a tornado or a hurricane inside of a victim, and and having the clarity to somehow put that all aside and say here are the specific actions I need to take in the deadline by which I need to take them. It just doesn't work that way emotionally for victims, the kind of pole we heard from Lucia Evans that determination to party

hate, despite the obstacles that same determination by Mimi, high Lee and this anonymous women remain as part of the process. I have to say it's pretty uncommon. Even after everything we ve learned about the Weinstein's story, even after all of these women coming forward. What criminal prosecution requires is the willingness of these female victims to participate, and there are So many reasons not to it really, he demands so much of them and what we ve been seeing a set there just aren't that many horrible to do it. So there may very well be more women like Jane DOE out there who might have a strong criminal case against Winston, who clear all these logistical hurdles and are eligible, but they are willing to do this

There may be, we don't know the full picture, but this certainly helps explain how, with just a few months, to go until trial, the prosecution is in a tough spot. But then there is a development Our are also aiming to and helping to bring in other women who I've made accusations brought in as witnesses to sort of the prosecution has been very concerned with this, possibly of women's voices in the trial, and they ve been seeking to address it through this very petition. Their strategy. They want more women to be able to testify alleged wines, dean victims who can paint a portrait of his pattern of predation in New York. Bees are called mile in a witness, as you may also see them referred to as supporting witnesses. Prior bad acts. Witnesses If you know this concept, it may be from the costs be trial or talk about this because we vertical

what's in it because remember that what sort of a similar situation there were dozens and since of women who had come forward against Cosby, and yet the criminal trials rested basically on one woman, so in the first cause betrayal in twenty seventeen those additional witnesses are not allowed and it ends in a mistrial. There was a big chance bill cause. We would walk out of this, but in the second trial the witnesses are allowed the five prior back witnesses. You know really really made a difference. Jury based it certainly upon the facts of the case, but I think that the five accusers in the private acts had a lot to do with his convict and Caspian convicted. So the prosecution in the wine seen trail really He wants to include these kinds of witnesses, but for a long time it's not clear whether or not the judge is going to allow them and he was the Manhattan

his office has said, is going to call what we say are three prior bad act witnesses. That means other women. More women's voices are going to be in the course of this trial. Story sounds like a very meaningful development for the prosecution, it's absolutely but the prosecution once but cuts where's, because remember these witnesses can be cross examined and that's exactly what the defence is going to try to do. They're gonna try to poke holes, in these women stories as well. So what this means going into trial this week is that we still have no idea, which way this going to go, we'll be right back,

This episode of the daily is supported by the new Showtime original series: penny dreadful city of angels when a gruesome are shocks. Nineteen thirty, eight hundred and thirty Tioga Vega, his partner Louis mentioned, or find themselves grappling with nazi spies, crooked politicians and powerful supernatural forces Natalie D we're Daniels of Otto Nathan, Lane STAR in penny, dreadful city of angels, preparing April twenty six. Only on Showtime the daily listeners contrive Showtime free for thirty days. Go to show timed out come now and enter daily offer expires. May twenty fourth, twenty twenty I'm Wendy Door and I'm an editor on the daily for most my adult life, I thought of the New York Times as edge I ain't news machine that spit out news stories all day, long kind of like a vending machine and I'm embarrassed to say that it wasn't really until I came to work here at the times that I started to think about the reporters behind those news stories and what it takes to get the story. In the first place,

Sometimes these reporters risked their lives. Sometimes they talk to us. Two in the morning. Sometimes they call us from a war zone and not Do they tell us what's happening on the ground wherever they are, but they also give us the context that we need to understand it. If you like hearing and of want their moment. They want a look at him in me. I, you can do to support them and the daily is to subscribe to the New York Times if you'd like to do that, go to and why times dot com. Slash subscribe. More than two years after sexual assault allegations against Harvey Weinstein's ushered in the meat to movement, the disgrace movie, mobiles criminal trial is set to get under way in New York. Jury selection begins tomorrow, MEG in looking back Michael so we ve been talking to you again and you Jody over these past two episode about led up to this trial. How we got to this point in army wasting case end

now: the trials actually under way, and both of you were at the court house on Monday when it started. What was that like? While I was standing with some of Harvey Weinstein's. I victims. These are women who are not part of the criminal trial for all the reasons we discussed, but they kind of want there, moment, they want a look at him in me. I, as the proceedings, are about to begin. So they ve gotten their very early in the morning Nathan leading their bundled up in the cold. Cars are coming. Diana keep looking is that him is this ham. And finally, this big black ass, you ve and hardy, in Steen gets out. A car,

looks like this is the moment he's here, and one of the women tells me that she has see and hearty wine steam in years and years since her led encounter with him, but he gets down out of the car and his using the Walker. His sort of stooped he's recently have back surgery

surrounded by his legal team, and he goes straight into the court house. He doesn't glance at the women, it's not clear if he knows that there there and they sort of don't get this moment that they have been waiting for. Thank you for your Harvey. So at this point the women cross the street and they give their own press conference. I thank both testifying was standing not just for themselves. All of us will not have even one day rose Mc Gowan. I stand in solidarity with the brave survivors who will take a stand against Harvey wise deem it moved trial. Actress, Rosanna cats has a few words and basically their message collectively as to say look. We are going anywhere, even though we are not part of this trial. Are voices need

to be heard and time's up on the pervasive culture of silence that is enabled abusers like wine steam and making what actually happening inside the corporal on his first day. So the court ass is packed. People have been lining up since the crack of dawn to go in, but it's a pretty straightforward. Proceeding, the judges spelling out how things are going to unfold in the coming days and weeks as they round the corner into jury. Selection. So Jody, and I, after a little while determine that there is actually not that much to seeing and we call on the subway to head back to the newsroom. Shortly after we get back to the office. I look my email and there's a new message coming in from one of our key. Eggs who

saying that his hearing that there is about to be news out of LOS Angeles good morning. I here today Now that my office has charged Harvey wine scene with sexually assaulted Women in LOS Angeles County that the Angeles district attorney's office is about to announce criminal charges against Weinstein steam in LA. Once the defendants case is completed in New York, we expect him to appear in a court ruling LOS Angeles County to face these charges: There is a charge of rape stemming from what sounds like a very forcible and brutal encounter with a woman from ITALY, and there is a charge of sexual assault, stem

from an encounter that happen with another woman literally the day after the alleged rape. Is this something that you had any idea? My becoming will remember that Well, New York has clearly been the most aggressive. There have been other jurisdictions that had been criminally investigating. Wine steam specifically allay and London, and we had actually heard some rumblings that allay might be on the verge of bringing criminal. Judges, but we certainly had no idea that those charges we're gonna be announced on this particular Day day that wine scenes criminal trial begins here in New York So what does it seem to mean for the criminal case in New York, and what does it mean for Harvey Wednesday? Well Harvey Wine Steen is facing

ongoing legal trouble, no matter what whether he was acquitted or convicted here in New York, he's going to face another prosecution, an ally and big picture. What this means is that that sense of narrowness we talked about that feeling that the allegations against Harvey Weinstein's or so much bigger than what's on the table in these crimes. Trials is now being replaced by a sense of expansion. Take them all and no witnesses that have now been admitted in New York at the LOS Angeles criminal charges, and it now feels like these criminal proceedings are going to represent the kind of pattern of Harvey Wednesday allegations so imagine it you're coming in with a truly blank slate and sitting in the courtroom and she's

Listening to this anonymous accuser described the story of rape and the jurors trying to sort through the holes in the complications in the story she's trying to decide if this is really enough to send Harvey Wine Steen, the jail. But then she here's another witness, tell them very similar story and then another witness and then another witness that might matter, Thank you. Thank you. Don't put your help on pause just because your lifestyle is changed, whether you're, trying to lose those last few pounds or simply say

smarter and have more energy. Throughout the day, numerous here to help backed by science, New shows you the why, behind your decisions and habits and gives you the tools to change them, plus you daily, thus of self care, takes only ten minutes a day. Take the first step visit noone dot com, slash daily to start your trial. Today, that's new and Oh, oh, am dot com, slash daily, Here's what else you need to learn! The news. Undoubtedly come as a further shock to the families who are already grieving in the face of this unspeakable tragedy, American and canadian officials have concluded that the ukrainian passenger planes that crashed Tehran on Wednesday night killing all one hundred and seventy six on board was shot dead by Iraq. The evidence indicates that the plane was down by an iranian surface, to air missile was shocked out just hours.

After IRAN fired a barrage of MRS at U S basis in Iraq and may have been confused IRAN's military for a? U S jet or rocket, and we cannot go to war without Congress being involved in the debate and the president's telling us what his policy is going to be a yield on Thursday, the House of Representatives to force President Trump to seek authorization from Congress before taking further military action against Iraq. The vote reflects the group. With scepticism within collars over the President Rationale for killing iranian general customs will the money and over the Trump administrations clean made in a series of briefings to lawmakers this week that it does not need

permission from Congress to launch such an operation? What I felt so distressing about that breathing was that one of the messages we received from the briefings was do not debate. Do not discuss the issue of the appropriateness of further military intervention against IRAN. But if you do you'll be imposing a ramp law makers who sat through the administrations briefings, including republican senator likely describe them as highly disrespectful of Congress. I find this insulting and demeaning, not not personally, but to the office that each of the one hundred senators in this building happens to hold its unamerican, its unconstitutional

It is wrong. The daily is made, I feel, welcome and E mails LISA Tobin, Rachel, Cuesta, Lindsey, Garrison, any Brown Clare, tennis, scatter each coward, Michael Simon Johnson, Brad Fisher, Larissa Anderson, Wendy Door. Chris would Jessica, chum, Alexandria, the young, Jonathan, Wolf, LISA, channeled error, Crocky Mark George Luke Vanderbilt, a decent ye. Kelly. Prime Julia Hungarian Sin Newton on some random checks. And em Davis, Lynn, Austin, Mitchell, Sayer, Cavallo Moon. Evstafey, EVA Deep song and dance power are The music is binding, Braun, Burke and Ben lands of wonderment special thanks to SAM, don't Mikhail Bouchard Stella, ten,

Lauren, Jack's and Julia Simon. That's it for the daily I'm likeable See you on Monday. Vanguard was founded on the simple, but radical idea that in advance. Company can succeed because it puts investors. First Vanguard is I and owned you on funds and the funds own Vanguard, which means Vanguard, is built to ensure that your interests will be the priority together. Vanguard. Thirty million investors are changing the way the world invests, visit, vanguard, dot com or talk to financial adviser to learn more.