Weinstein’s attorney, prosecutor disputes her memory of attack ap entertainment

LOS ANGELES (AP) — An attorney for Harvey Weinstein suggested on Thursday that the shifts in a massage therapist’s account of a former film mogul’s sexual assault in 2010 meant she had fabricated details while insisting that the work-up of the former movie mogul was ongoing Trauma was more specifically memories.

Weinstein’s attorney Mark Werksman pointed to differences over time in stories she told police and prosecutors in 2019 and 2020, in her testimony before a grand jury last year, and in her words on the witness stand Wednesday when she told Weinstein caught her in a bathroom masturbating in front of her and fondling her breasts after he hired her for a massage in his Beverly Hills hotel room.

“Do you think your memory is better now than it was three years ago?” asked Werksmann.

“Yes,” she replied. Elsewhere, she said, “My memory was fuzzy then, but now I remember everything.”

Discussing the attack with friends, authorities, a therapist and others brought clarity and made her face heavy, details buried in her memory, the woman said.

Werksman asked if the talks represented an effort to “build consensus.”

The woman insisted that was not the case.

“The more I spoke about it, the more I remembered the trauma that had happened to me,” she said. “I’ve hidden it for so long.”

The woman goes to court by Jane Doe. The Associated Press does not typically credit people who say they have been sexually abused.

Weinstein faces charges of sexual assault over the incident, one of 11 counts of sexual assault involving five women he is accused of at his Los Angeles trial. He has pleaded not guilty and has denied engaging in non-consensual sex. He is already serving a 23-year sentence based on a New York conviction.

Werksman was particular about whether Weinstein touched her above or below her clothing, suggesting her storyline had suspiciously shifted over time to include skin-to-skin contact, which is a crime under California sexual assault law is mandatory.

“You haven’t changed your story from ‘it didn’t happen at all’ to ‘I’m 95% sure’ to ‘I’m 100% sure’ so they can prosecute Mr. Weinstein?” asked Werkman.

“No,” she said.

“Your history is like that of the US economy, 8 percent inflation, isn’t it?” Werksman said, though the judge declined an appeal.

She testified Wednesday that she was embarrassed and humiliated that she had allowed herself to be alone with Weinstein on several more occasions, including two more massages where she said he engaged in similar unwanted sexual behavior.

The defense took up the question under cross-examination.

“He calls for another massage and you say ‘Buzz Off Creep’ and hang up, right?” asked Werkman.

“No,” said the woman.

“No,” Werksman replied, “you’ll arrange another massage.”

During the first massage, Weinstein and the woman discussed her writing a book about her techniques for his film company Miramax’s publishing company.

Werksman suggested that the woman had done Weinstein a consensual sexual favor to improve her chances of publication.

“You pursued a book deal because that was your end of a deal to have sexual relations with Mr. Weinstein, right?” he asked.

“Wrong,” she said.

The woman said the book was Weinstein’s idea, and though she was intrigued and engaged in emails with his associates for several months, the decision to drop it was amicable.

Follow AP Entertainment writer Andrew Dalton on Twitter: twitter.com/andyjamesdalton

For more information on Harvey Weinstein’s trial, visit: https://apnews.com/hub/harvey-weinstein

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