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COMMENTARY: Weinstein and Attorney ‘Totally Confused’ By 23-Year Prison Sentence

NNPA NEWSWIRE — For now, Weinstein and Bill Cosby remain the only high-profile celebrities convicted of sexual assault or a related charge in the new era. It’s likely that State Supreme Courts in Pennsylvania, where Cosby is pushing for a hearing, and New York, where Weinstein’s case will no doubt end up, will be the next arbiters in what has become a debate about the meaning, practice and execution of justice.

Published

5 years ago

March 17, 2020

Oakland Post

"I'm totally confused," Weinstein told a packed New York City courtroom.

By Stacy M. Brown, NNPA Newswire Senior Correspondent
@StacyBrownMedia

Just before a judge handed down a 23-year prison sentence for his rape and sexual assault conviction, fallen movie mogul Harvey Weinstein addressed the court.

“I’m totally confused,” Weinstein told a packed New York City courtroom.

His confusion would shortly turn to astonishment when State Supreme Court Judge James Burke ordered that Weinstein must serve 23 years in prison – a virtual life sentence for the 67-year-old.

While the #MeToo Movement celebrated the guilty verdicts and sentence as significant victories, Weinstein and his lawyer bristled.

“Things that none of us understood,” Weinstein uttered. “Thousands of men are losing due process. I’m worried about this country. I’m totally confused. I think men are confused about these issues.”

“He never had a fair shake from day one,” said Weinstein’s legal counsel, Donna Rotunno. “That sentence was obscene. I am overcome with anger at that number. I think that number is a cowardly number to give.”

However, Manhattan District Attorney Cyrus Vance Jr., and many others who have followed the trial since its onset, believed the sentence is completely fair and appropriate.

“We thank the court for imposing a sentence that puts sexual predators and abusive partners in all segments of society on notice,” Vance added. “Rape is rape whether the survivor reports it within the next hour, within a year, or never at all. It’s rape, despite the complicated dynamics of power and consent after an assault.”

Court records, recordings, letters, and witness testimony revealed that some of Weinstein’s continued close relationships with him — including intimate relationships — for years after the incidents that led to his conviction and sentencing.

Weinstein’s representatives have pointed out that the victims even sent him flirtatious emails for several years, and one even tried to introduce Weinstein to her mother and admitted to consensual sexual acts for years after the assault.

Barbara Ziv, an expert forensic psychiatrist that testified for the prosecution, noted that those actions are consistent with the behavior of many victims.

Many have opined that if Weinstein had not been found guilty of the charges on which he was convicted, he was still certainly guilty of raping or assaulting others and will never be tried for those offenses.

What remains troubling for some legal experts, is that the overwhelming negative public opinion regarding Weinstein, including a presumption of guilt based upon stories in the press, may have influenced the jury’s decision.

They argue that Weinstein, like Bill Cosby before him, was pre-judged to be guilty by a jury of his peers, instead of being presumed innocent. This meant a much lower burden of proof for the prosecution – a constitutional no-no.

That presumption of guilt can be scary for anyone, particularly when someone in power like Vance states that the mere allegation of rape should be enough for a conviction.

“It’s rape even if there is no physical evidence,” Vance told media members outside of the courtroom.

Perhaps Vance was simply playing to the #MeToo Movement, which has mobilized over the past several years to both empower women and expose men like Weinstein, who have misused and abused their often vast amounts of power and influence.

#MeToo and its underlying messages are certainly warranted and, in many instances, represent the only outlet available to shed light on illicit practices. However, there is still no standard in place to objectively manage allegations that result in criminal charges.

In the age of social media, when claims can quickly escalate to unfounded accusation, prosecutors have a responsibility to deliver fair and equal justice to both the defendant and the state.

When everyone in the world is just a Google search and click away from thousands of pages of data – much of it false – ensuring that mob mentality will not drive what occurs in the courtroom becomes a challenging job. For prosecutors that serve in elected positions, failing to demonstrate a commitment to “believe the women,” can have its own set of implications.

For now, Weinstein and Bill Cosby remain the only high-profile celebrities convicted of sexual assault or a related charge in the new era. It’s likely that State Supreme Courts in Pennsylvania, where Cosby is pushing for a hearing, and New York, where Weinstein’s case will no doubt end up, will be the next arbiters in what has become a debate about the meaning, practice and execution of justice.

In Cosby’s case, the court could mandate a new trial, with a different judge and prosecutor. For Weinstein, where defense arguments are likely to center around the severity of the sentence received (attorneys not associated with the trial have suggested that a 10- to 15-year sentence for his crimes would’ve been expected), the defense will need to convince the court that the sentence is not justified or that the court was not unduly biased.

“The harsh penalty is further evidence that the court was biased against Weinstein from the beginning,” Rotunno said. “We hope this sentence will speak to the appellate court in a way that will show this has been unfair from the beginning.”

However, standing in opposition to Rotunno’s statements are at least 100 women, including several A-list actresses, who have collectively and individually alleged that Weinstein used the casting couch to harass or assault them sexually.

“If women with that influence and power could be victimized, anyone can,” stated Nora V. Demleitner, a Roy L. Steinheimer Jr. Professor of Law at Washington and Lee University in Virginia at the start of the trial.

“Also, the types of accusations against Weinstein were so egregious that, as alleged, they easily met the standard of serious crimes. For all these reasons and the fact that we are now witnessing a criminal trial that keeps the case in the news, it is more important than the others,” Demleitner stated.

Sophie Sandberg, the founder of the Instagram channel, “Catcalls of NYC,” said celebrity men had all become symbols in the #MeToo Movement, and that can have a negative impact in many ways.

“The first, it can result in the false impression that we can get rid of all the men who are abusers and fix the problem. Rather, the #MeToo movement should be about changing systemic inequality that results in widespread gender-based sexual harassment on the streets, in workplaces and schools,” Sandberg stated.

“Second, as a result of these celebrities being fired and put on trial, many men feel that they are being targeted and victimized by the #MeToo movement. This can result in retaliation and backlash,” she stated.

Nicole Porter, a professor of law at The University of Toledo College of Law, stated that Weinstein caused the current iteration of the #MeToo movement, but the action is about so much more than Harvey Weinstein or his criminal case.

“In my opinion, the #MeToo movement has had its biggest impact in two ways,” Porter stated. “Getting the public to understand how big of a problem sexual harassment and assault is and getting employers to take sexual harassment in the workplace more seriously,” Porter added.

“I don’t think the outcome of this trial will affect the #MeToo movement,” Porter stated prior to the jury’s verdict. “If he gets convicted, I imagine the majority of the public will be happy about that, although there will be a sizable and likely very vocal minority who might feel like he should have been acquitted.”

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PRESS ROOM: Clyburn, Pressley, Scanlon, Colleagues Urge Biden to Use Clemency Power to Address Mass Incarceration Before Leaving Office

NNPA NEWSWIRE — Mass incarceration remains a persistent, systemic injustice that erodes the soul of America. Our nation has the highest incarceration rate in the world, with nearly two million people locked in jails and prisons throughout the country.

Published

2 days ago

November 21, 2024

Oakland Post

Read the letter here.

Watch the press conference here.

WASHINGTON, DC – Today, Congressman James E. Clyburn (SC-06), Congresswoman Ayanna Pressley (MA-07), and Congresswoman Mary Gay Scanlon (PA-05) led 60 of their colleagues in sending a letter to President Biden urging him to use his executive clemency power in the final months of his presidency to reunite families, address longstanding injustices in our legal system, and set our nation on the path toward ending mass incarceration.

The lawmakers hosted a press conference earlier today to discuss the letter. A full video of their press conference is available here and photos are available here.

“Now is the time to use your clemency authority to rectify unjust and unnecessary criminal laws passed by Congress and draconian sentences given by judges,” the lawmakers wrote in their letter. “The grant of pardons and commutations and the restoration of rights will undoubtedly send a powerful message across the country in support of fundamental fairness and furthering meaningful criminal justice reform.”

Mass incarceration remains a persistent, systemic injustice that erodes the soul of America. Our nation has the highest incarceration rate in the world, with nearly two million people locked in jails and prisons throughout the country. The extreme use of incarceration has resulted in one in two adults having had an incarcerated family member. People of color are disproportionately put behind bars, along with individuals from low-income communities, LGBTQIA+ folks, and those with disabilities. The bloated prison system reflects and emboldens biases that undermine the ideals of our nation and diminish trust in the rule of law. Mass incarceration attacks the most vulnerable Americans, thereby destabilizing families and inflicting intergenerational trauma.

In their letter to President Biden, the lawmakers praised the President’s efforts to create a fair and just criminal legal system by pardoning people convicted of simple marijuana possession and LGBTQ+ former servicemembers and urged the President to use his clemency powers to help broad classes of people and cases, including the elderly and chronically ill, those on death row, people with unjustified sentencing disparities, and women who were punished for defending themselves against their abusers. The lawmakers also outlined the fiscal toll of the growing mass incarceration crisis.

“You have the support of millions of people across the country who have felt the harms of mass incarceration: young children longing to hug their grandparents, people who have taken responsibility for their mistakes, and those who simply were never given a fair chance,” the lawmakers wrote. “These are the people seeking help that only you can provide through the use of your presidential clemency power.”

Joining Representatives Clyburn, Pressley, and Scanlon in sending the letter are Representatives Joyce Beatty, Sanford Bishop, Shontel Brown, Cori Bush, André Carson, Troy Carter, Yvette Clarke, Jasmine Crockett, Valerie Foushee, Al Green, Jahana Hayes, Steven Horsford, Jonathan Jackson, Pramila Jayapal, Henry Johnson, Sydney Kamlager-Dove, Robin Kelly, Summer Lee, Jennifer McClellan, Gregory Meeks, Delia Ramirez, Jan Schakowsky, Robert Scott, Terri Sewell, Marilyn Strickland, Bennie Thompson, Rashida Tlaib, and Bonnie Watson Coleman.

The lawmakers’ letter is supported by the American Civil Liberties Union; Center for Popular Democracy; Last Prisoner Project; Lawyers’ Committee for Civil Rights Under Law; Death Penalty Action; The National Council for Incarcerated and Formerly Incarcerated Women and Girls; The Faith Leaders of Color Coalition; Second Chance Justice of MCAN; JustLeadershipUSA; FAMM; The Episcopal Church; The Bambi Fund; Free Billie Allen Campaign; People’s Coalition for Safety and Freedom; Prophetic Resistance Boston; and Families Against Mandatory Minimums.

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Tennessee State University Set to Debut the First Division I Hockey Team at An HBCU

THE AFRO — “I am incredibly excited to embark on building this program, supported by God, my family, TSU students, alumni, and all those eagerly awaiting this moment,” said Duanté Abercrombie, the head coach of the Tennessee State Tigers ice hockey team, in a press release courtesy of TSU Athletics. “I firmly believe that one day, TSU will be recognized not only as a powerhouse on the ice but also as a program whose student-athletes leave a profound legacy on the world, enriched by the lessons learned at TSU.”

Published

2 days ago

November 21, 2024

admin

By Mekhi Abbott
Special to the AFRO
mabbott@afro.com

Tennessee State University (TSU) continues to break ground on a historic journey to become the first historically Black college or university (HBCU) to field a National Collegiate Athletic Association Division I ice hockey team. Alongside some assistance from the National Hockey League (NHL), the NHL Players’ Association and the Nashville Predators, the TSU Tigers have already named their official head coach, unveiled their jersey and received their first official commitment from a student-athlete.

TSU held an official press conference to announce the plan in June 2023. Their first official season as a sanctioned Division I program is planned to commence in 2025-26. On April 18, TSU named Duanté Abercrombie as the head coach of the Tennessee State Tigers ice hockey team.

“I am incredibly excited to embark on building this program, supported by God, my family, TSU students, alumni, and all those eagerly awaiting this moment,” said Abercrombie in a press release courtesy of TSU Athletics. “I firmly believe that one day, TSU will be recognized not only as a powerhouse on the ice but also as a program whose student-athletes leave a profound legacy on the world, enriched by the lessons learned at TSU.”

Abercrombie was raised in Washington, D.C., and was mentored by hockey legend Neal Henderson, the first Black man to be inducted into the United States Hockey Hall of Fame. Abercrombie attended Gonzaga College High School and graduated from Hampton University, where he was a track and field athlete prior to retiring due to an injury. After college, Abercrombie briefly played professional hockey in both the New Zealand Ice Hockey League as well as the Federal Hockey League.

After his career as a professional hockey player, Abercrombie moved onto coaching, including stints with his alma mater Gonzaga and Georgetown Preparatory School. In 2022-23, Abercrombie was a member of the coaching staff for NHL’s Toronto Maple Leafs organization.

“We are no longer doing club play in 2024-25. We are going right into D1 play for 2025-26,” Nick Guerriero told the AFRO. Guerriero is the assistant athletic director of communications and creative content at Tennessee State.

On Jan. 19, TSU got their first official commitment from an ice hockey recruit, Xavier Abel. Abel played at Drury University and scored 12 goals in 34 games, including three game-winning goals. Abel was recruited by Guerriero.

In July, the Tigers got their second commitment from forward Trey Fechko. In October, Trey’s brother Marcus Fechko also committed to Tennessee State. Since, the Tigers have also signed forward Greye Rampton, goaltender Johnny Hicks, Grady Hoffman and four-star forward Bowden Singleton. Singleton flipped his commitment from North Dakota to Tennessee State. Guerriero said that TSU has a “few” other recruits that they are waiting to announce during their November signing period.

“I think it’s important to invest in these unorthodox sports for Black athletes because it allows Black children to have more opportunities to play sports in general,” said Zion Williams, a 2024 Gettysburg College graduate and former collegiate athlete. “The more opportunities that children have, the better. They won’t feel like they are boxed into one thing or sport.”

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HBCU Champions Advance to Postseason Play

WASHINGTON INFORMER — From HBCU football teams, to the University of the District of Columbia’s soccer program, and Howard University’s volleyball players, athletes are still working to capture titles and garner bragging rights in their various conferences.

Published

2 days ago

November 21, 2024

admin

By Ed Hill | The Washington Informer

As the semester quickly winds down, several teams at historically Black colleges and universities (HBCUs) are hoping to find success in the postseason.

From HBCU football teams, to the University of the District of Columbia’s soccer program, and Howard University’s volleyball players, athletes are still working to capture titles and garner bragging rights in their various conferences.

South Carolina State proved all the prognosticators wrong by winning the Mid-Eastern Athletic Conference (MEAC) regular season title after being picked to finish fourth in the preseason poll.

As a result of their success, defeating the Morgan State Bears 54-7 on Nov. 16, the South Carolina Bulldogs now qualify for the Cricket Celebration Bowl on Dec. 14 in Atlanta, kicking off at noon and streaming on ABC.

However, another game between Jackson State and Southern University must happen a week before the big matchup in Atlanta, before the Bulldogs (8-2, 4-0 MEAC) know who they’ll be going against.

The Bulldogs, who have one game remaining on the schedule against Delaware State on Saturday, Nov. 23, will square off against the winner of the Southwestern Athletic Conference (SWAC) title game between Jackson State and Southern University on Dec. 7.

The Southern Jaguars (7-4, 6-1 SWAC) won the West Division, while the Jackson State Tigers (9-2, 7-0 SWAC) captured the East Division and the two will now meet up on Jackson, Mississippi at Mississippi Veterans Memorial Stadium, kicking off at 1 p.m. and streaming on ESPN2.

In the Central Intercollegiate Athletic Association (CIAA) championship game, it was Virginia Union University that defeated rival Virginia State 21-17 for the title in Salem, Virginia, on Nov. 16.

Virginia Union University celebrates after defeating Virginia State University, and winning the regular season CIAA title in Salem, Virginia, on Nov. 16. (Courtesy photo)

It was the Virginia Union University Panthers’ second straight CIAA title, avenging a 35-28 loss to the Virginia State University Trojans on Nov. 9. The Panthers (8-3 overall, 6-1 in the CIAA) got an effort of 178 yards rushing on 32 carries and a touchdown from Jodo Byers.

Virginia Union will open the playoffs with a road game at Wingate in Wingate, North Carolina on Nov. 23, with kickoff at 1 p.m.

In the Southern Intercollegiate Athletic Association (SIAC) championship, it was Miles College (9-2) overwhelming Clark Atlanta (7-3), 53-25 in the title game. The Miles College Golden Bears piled up over 430 yards of total offense, giving them a NCAA Division 2 bid as they host Carson-Newman on Nov. 23 at 11 a.m.

Miles boasts one of the top defenses in the country in Division 2, having forced 33 turnovers.

University of the District of Columbia Soccer Team Defeats Molloy

In men’s soccer, the University of the District of Columbia defeated Molloy University in the East Coast Conference (ECC) championships final on Nov. 17.

The University of the District of Columbia men’s soccer team celebrates after winning the East Coast Conference championship game on Nov. 17 (Courtesy photo)

Mustafa Tahir scored the game-winning goal in the 100th minute. It was Tahir’s third game winner of the season.

The Firebirds (8-7-4, 3-4-1 in the ECC) earned an automatic bid to the NCAA Division 2 tournament against the No. 7 seed Post University. on Friday, Nov. 22. UDC enters the game on a four-game win streak.

Howard University Volleyball Dominating in the MEAC

Howard University is one of the hottest women’s college volleyball teams.

Howard University’s volleyball team has been on fire at 21-5 overall and undefeated in the Mid-Eastern Athletic Conference. (Courtesy photo)

The Bison (21-5 overall, 14-0 MEAC) went undefeated in league play and are on a current 15-game game win streak headed into Friday’s tournament in Dover, Delaware.

The final is scheduled for Sunday at 8:30 pm on ESPNU.

Howard is the top seed, and they will be looking to capture their sixth tournament title and NCAA bid in the past nine years.

The Bison boast one of the top players in the country in junior outside hitter Rya McKinnon, who is headed for an unprecedented third straight Player of the Year honor.