Harvey Weinstein sent wide-ranging subpoenas to several of his Jane Doe accusers last month ordering them to either hand over documents ranging from personal emails with family members and clergy to financial statements including “returned checks” or appear at a “secret” court hearing on July 21, prosecutors allege in a new filing obtained by Rolling Stone.
The subpoenas did not specifically inform the accusers they had a right under California law to oppose the demand, and Weinstein’s lawyers did not inform prosecutors about the subpoenas ahead of time, the filing from Los Angeles County Deputy District Attorney Paul Thompson says.
Thompson now is asking the court to quash the subpoenas.
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At an in-chambers conference with Judge Lisa Lench on June 30, Thompson argued, “The defense set a secret court date, has not consulted with the people about that court date, and has essentially required the Jane Does come to court on that court date to assert their rights. It is an absurd position to say that the people do not have a right to be involved in that process. It’s completely improper to subpoena our charged victims to come to court on a date that we have not been consulted about.”
Weinstein’s lawyer Alan Jackson attended the same June 30 chambers conference and defended the way the subpoenas went out. “We are not trying to hide the ball. We’re trying to build our defense without blueprinting our defense to the prosecution,” Jackson said, according to a transcript of the proceeding obtained by Rolling Stone.
Judge Lench told Jackson that she believed prosecutors were entitled to notice because they have standing to make a motion to quash. She also said the Jane Does have specific rights under Marcy’s Law, also known as the California Victims’ Bill of Rights.
“They have a right to refuse and the prosecution has a right to articulate that refusal and they can’t possibly do that if they don’t know about it,” Judge Lench said.
The judge vacated the July 21 compliance date and ordered Jackson to notify the subjects of the subpoenas. She set a follow-up hearing for Aug. 1, when Thompson is set to argue the motion to quash.
According to Thompson’s motion, a Marcy’s Law attorney representing Jane Doe 1 sent a July 6 email to Weinstein’s defense stating that Jane Doe 1 had invoked her right under California law to refuse to comply. On July 7, one of Weinstein’s lawyers allegedly responded that “we do not agree to withdraw the subpoena. We believe the documents and communications requested in the subpoena are relevant and discoverable.”
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