Weinstein shuffles towards deal that will end #MeToo lawsuits and won’t cost him a dime

A shocking appearance in court and a surprising run of good fortune for Harvey Weinstein. Coincidence?

Harvey Weinstein, with the aid of a walker, leaves court following a hearing in New York this week. Hours later he was pictured out shopping without it.

Sallow-skinned and shuffling, Harvey Weinstein hobbled in to face a New York judge on Wednesday using a walking frame. A skew-whiff collar and tie and an oversized jacket completed his sorry appearance.

As critics suggested there might be some method acting at play, his lawyer, Donna Rotunno, condemned them as “mean-spirited”.

The 67-year-old disgraced film producer was back in court after prosecutors accused him of tampering with his ankle tag more than 50 times. The judge duly increased his bail from $1m ($AU1.5m) cash to a $2m ($AU2.9m) insurance company bond, triggering an outcry that a less well-heeled defendant would have been swiftly jailed for such behaviour.

This hoo-ha comes less than a month before Weinstein’s hotly anticipated sexual assault trial is set to begin, and as the civil cases that have been brought against him by dozens of accusers are reportedly close to being settled.

The tumultuous week brought up pressing questions: just how frail is the shamed producer? Might his trial, which has already been delayed twice, be postponed once more? And has he truly paid off his other alleged victims?

NEW: Harvey Weinstein appeared in a New York City court using a walker, where bail was increased from $1 million to $5 million over allegations he mishandled his electronic ankle monitor; Weinstein’s rape and sex assault trial is set to begin Jan. 6. https://t.co/jQsBkqE5lO pic.twitter.com/fBpMVwTnev

— World News Tonight (@ABCWorldNews) December 11, 2019

Though he has lately been venturing back out into Manhattan night-life, Weinstein has reportedly been wrestling with back pain after crashing his car into a tree in August in New York State. He had swerved to avoid hitting a deer, he told police.

Last Thursday he had a three-hour back operation and spent the night in hospital, according to one of his representatives.

Sympathy was scant, especially after the New York Post published photos of Weinstein shopping without a walking frame shortly after his dramatic court appearance.

Harvey Weinstein spotted sans walker, sparking speculation https://t.co/YF2c87nkDi pic.twitter.com/ErGUlotf1h

— Page Six (@PageSix) December 13, 2019

On Twitter, wags pointed out that the former Hollywood heavyweight, who also reportedly suffers from type-2 diabetes, seemed to be following in the footsteps of other high-profile men who had faced criminal trials.

“Bill Cosby was suddenly blind. [Donald Trump’s former campaign manager] Paul Manafort appeared in a wheelchair. Now Harvey Weinstein has a walker. Interesting how scumbags all of a sudden have major health problems arise just in time for their day in court,” tweeted film producer Adam Best.

Mark Geragos, a Hollywood criminal defence lawyer, was more sympathetic: “People don’t understand that when you’re in the eye of a hurricane like this, your physical health takes a toll.”

Geragos argued that it did not make sense for Weinstein to try to delay his trial, which had been scheduled to start last May. “There’s been some pushback on the #MeToo movement, and you never know how far that pendulum will swing. Right now, with the right jury, his odds may be as good as they’re ever going to get,” he said. “Now may be the opportune time for him.”

In court, Weinstein was warned that the trial would kick off on time even if he failed to turn up. “If you have any further medical issues the court will not be terribly understanding,” said the judge.

It is bitter timing for the former king of the Hollywood awards season. The trial begins on January 6, the day after the Golden Globe awards and just before the announcement of the 2020 Oscar nominations.

However, it is not all bad news for Weinstein. A tentative $25m ($AU36m) settlement to end nearly every sexual misconduct lawsuit brought against him and his former film studio’s board is widely considered as lenient.

Under the proposed agreement, which was announced on Wednesday, Weinstein would not have to admit blame, and the insurance companies representing his now-defunct studio, the Weinstein Company, would cough up the cash.

The 67-year-old, who faces charges of rape and forcibly performing oral sex on a woman, has had his passport confiscated and wears an electronic tracking bracelet.

Geragos, who has represented celebrities including Michael Jackson and Winona Ryder, said it seemed a surprisingly good deal for Weinstein: “Any time you can get a bunch of litigation off your plate, and you don’t have to admit wrongdoing and you don’t have to pay a dime there’s no downside generally.”

After two years of secretive negotiations, the settlement reportedly includes $18.5m ($AU27m) to end a class-action lawsuit brought by 10 women and $6.2m for 18 other plaintiffs.

None of the accusers, some of whom are British, will receive more than $500,000 ($AU730,000).

More than 80 women have accused Weinstein of rape or sexual misconduct and, for many of them, civil cases are the only way of finding justice.

The most high-profile (and wealthiest) accusers, including Angelina Jolie and Gwyneth Paltrow, are not part of the settlement.

For some of the actresses and former employees fighting Weinstein, the deal is being grudgingly accepted as being better than nothing. Holding out for an improved offer could have potentially left the women empty-handed, said a lawyer representing one of the alleged victims. “I don’t think there’s a markedly better deal to be made,” Genie Harrison told The New York Times.

After the Weinstein Company entered bankruptcy last year, the compensation pot shrank from the $90m ($AU130m) victims’ fund that was fought for initially. The settlement is part of a $47m ($AU68m) deal, which would also see $12m ($AU17m) go towards Weinstein’s legal fees and paying off business creditors.

The settlement still needs to be signed off by at least two judges, and three other accusers have rejected the agreement. But if it all goes through, Weinstein and former members of his company’s board would be protected from further lawsuits.

“This is the worst settlement I’ve seen in my entire career,” said Douglas Wigdor, a lawyer representing two of the women who have spurned the terms.

For some, however, news of the tentative settlement was a worrying omen before Weinstein’s trial, in which he is accused of sexually assaulting one woman and of raping another.

“The results Weinstein’s legal team have already obtained aren’t incidental or an aside. They should be a reminder not to hold our breath for a righteous outcome in the criminal trial,” wrote Lili Loofbourow in Slate, an online magazine. “Money means a lot in our legal system.”

In the lengthy run-up to the trial, there have, however, been notable successes for the prosecution. Weinstein recently failed to get proceedings moved outside Manhattan, where he argued that intense media scrutiny would make it impossible to get a fair jury.

Other accusers have also been permitted to appear as witnesses, including the Sopranos actress Annabella Sciorra, who claims she was raped by Weinstein in her New York flat in 1993.

Weinstein denies all allegations of non-consensual sex.

The Sunday Times