One of today's witnesses, Tarale Wulff, said Weinstein raped her after promising career help. After a pretrial Molineux/Ventimiglia hearing, County Court ruled, among other things, that the People as part of their direct case could introduce evidence that defendant had made sexual advances toward three other young teenage girls as evidence of a common scheme or plan and to demonstrate lack of mistake and motive. The menacing charges were reduced to a violation and the case was resolved in a satisfactory manner for the Coalition Member. He gave a complete account of the events leading up to the murder of Benjamin Mattana, which took place in the early morning hours of April 28, 1976. on The Molineux Rule: How This Exception to the Rules of Evidence Could Impact the Harvey Weinstein Trial, Court Watch, Article, and Note Archive (no longer updating), Supreme Court to Decide iPhone App Store Case, Jamesville Correctional Facility to Merge with Justice Center Downtown Amid Concern and Disapproval. Depending on the specific facts of the case, each has its own purpose. They show a common scheme. The New York Weekly Roundup - Criminal Appeals is a blog and video podcast by appellate and post-conviction attorney Patrick Michael Megaro summarizing the latest developments in criminal law . Copyright 2023, Thomson Reuters. The informal pretrial hearing was not, therefore, a sort of reargument of purely legal issues at which defendant could have nothing to contribute . 2 A pre-trial Huntley hearing was started in December, 2014, and completed on February 24, 2015, more than two months ago. and a de novo Ventimiglia hearing. Because the sentences referred to were directly related to ultimate issues in the case and as admissions by defendants were strongly persuasive and, therefore, not merely cumulative, we conclude that the Trial Judge did not err in admitting them. Molineux, 168 N.Y. 264 (1901), known as a Molineaux hearing, is a hearing to determine whether evidence of uncharged crimes or bad acts of the can be admitted or introduced in evidence at trial. . On the other hand, his present refusal, if otherwise admissible, could be shown as a consciousness of guilt at his trial (People v. MacDonald, 89 N.Y.2d 908, 653 N.Y.S.2d 267, 675 N.E.2d 1219, rearg. Currently, it is unclear whether Weinsteins case will proceed to trial. Footnote 2: Defendant Ventimiglia is also known as Benjamin Ventimiglia and was referred to throughout Dellacona's testimony as Benny or Ben. den. Learn more about FindLaws newsletters, including our terms of use and privacy policy. The three women are telling their stories of going to what they thought were business meetings only to be subject to what they say was sexually abusive behavior. If the prosecution wants to offer evidence of defendant's prior bad acts/convictions on their direct case. Copyright 2020 NPR. The court should then assess how the evidence came into the case and the relevance and probativeness of, and necessity for it against its prejudicial effect, and either admit or exclude it in total, or admit it without the prejudicial parts when that can be done without distortion of its meaning (Dolan, op cit , supra, at pp 254-255). When a prosecutor, knowing that such evidence is to be presented, waits until objection is made when it is offered during trial before [*362] informing the court of the basis upon which he considers it to be admissible, there is unfairness to the defendant, even if his objection is sustained, in view of the questionable effectivness of cautionary instructions in removing prior crime evidence from consideration by the jurors. 93 N.Y.2d 1002, 695 N.Y.S.2d 748, 717 N.E.2d 1085 [attempted murder; prior drug trafficking]; also People v. Holmes, 260 A.D.2d 942, 690 N.Y.S.2d 292, lv. . The People are urged to make an appropriate decision in this regard sufficiently in advance of trial to allow any Ventimiglia/ Molineux hearing to be consolidated and held with any other hearings ordered herein. "[2]. 0000013327 00000 n Danny Cevallos, How Weinstein lawyers casting couch comment could impact his defense strategy, NBC News (May 27, 2018), https://www.nbcnews.com/news/us-news/how-weinstein-lawyer-s-casting-couch-comment-could-impact-his-n877916. There is, moreover, a greater probability of error, and consequent waste of scarce judicial resources, when evidentiary rulings are made during trial than in the more relaxed atmosphere of an inquiry out of the presence of the jury. Therefore, if the defendant testifies as expected, he may be cross-examined as to whether he refused to submit to the chemical test, because he had heard that a driver who had so submitted had been convicted of the crime of driving while intoxicated. In order to introduce evidence of uncharged crimes or bad acts, the prosecution must show, by clear and convincing evidence, that the probative effect (the value of the evidence and its ability to prove a necessary fact) is greater than the prejudicial effect it has on the Defendant. The dissenting opinion called the hearing a Molineux Hearing. to app. to app. DOUGLAS WIGDOR: If the Molineux witnesses are strong, then it makes the defense all that more difficult. 1. FRIEDMAN: But his dad pulled some strings. A Ventimiglia application concerns the admissibility of evidence of prior conduct, other than direct proof of a defendant's prior crime, which tends to implicate the defendant in the commission of the crime (People v. Ventimiglia, supra-defendants charged with murder admitted to a witness that they had a location for disposing of the body). The People reasoned that such evidence of uncharged criminal activity provided the motive for defendant's shooting of Manchion. Even if the trial court considered the same papers and read the hearing transcript, the record is silent as to what particular facts were emphasized at the hearing before the trial court, what the courts concerns were, and its reasons for making its rulings. den., 92 N.Y.2d 901, 680 N.Y.S.2d 65, 702 N.E.2d 850); as a Molineux Hearing in the same situation (e.g., People v. Vaughn, 209 A.D.2d 459, 619 N.Y.S.2d 573, app. SCOTUS Makes It Harder for Non-Citizens to Fight Deportation NY Weekly Roundup w/ Patrick Megaro 3-2-2021, Double The Fun Florida Weekly Roundup with Patrick Megaro and Jaime Halscott 2-19-2021 & 2-26-2021, Discovery Violations and Police Personnel Records NY Weekly Roundup with Patrick Megaro 2-26-2021, Breaking News in Florida Criminal Law with Appeal Lawyers Patrick Megaro & Jaime Halscott 2-12-2021, Presidents Day and the New York Weekly Roundup with Appellate Lawyer Patrick Michael Megaro 2-19-2021, Modus operandi, or unique method of committing a crime, Mistake, to rebut a Defendants defense of mistake, entrapment, or accident or lack thereof, Common plan or scheme, or to show a conspiracy. Montgomery County District Attorneys Office Motion to Introduce Evidence of 19 Prior Bad Acts of Defendant, Jan. 18, 2018. prior uncharged crimes he requests a Molineaux hearing. This compromise safeguards the rights of the defendant and also the rights of the prosecutor. His father was a politician in Brooklyn. SCHECTER: I guess I should have also mentioned that Roland Molineux worked as a chemist. >> While the trial court should have held a Ventimiglia hearing and issued a limiting instruction, the testimony of non-accomplice witnesses provided overwhelming corroboration of the testimony of the defendant's accomplice, and therefore, any error was harmless. They show a pattern, right? FRIEDMAN: Rose Friedman, NPR News, New York. ROSE FRIEDMAN, BYLINE: This story starts in New York at the turn of the 20th century. 0000026985 00000 n I'll stick with that for this story. ABA Journal (May 31, 2018), http://www.abajournal.com/news/article/harvey_weinstein_is_indicted_could_other_accusers_testify_at_trial. He's a historian of American crime. Weinsteins own defense attorney, Benjamin Brafman, told the press after his arraignment that Weinstein did not invent the casting couch in Hollywood, which has been seen as a glimpse into a possible defense for his client: that this was not rape, but rather a choice made by each actress in an effort to advance their careers. Cosby was tried twice. In a pretrial motion, the Montgomery County District Attorney wrote, as the number of victims reporting similar, drug-facilitated sexual assaults by defendant increases, the likelihood that his conduct was unintentional decreases defendants prior bad acts are admissible under the doctrine of chances to negate the presence of any non-criminal intent and, concomitantly, to establish an absence of mistake.. trial. In New York State, where Weinstein is going to be tried, the Doctrine of Chances is known as The Molineux Rule, which gets its name from a New York State Court of Appeals decision in the case of People v. Molineux. Aaron Katersky and Bill Hutchinson, Harvey Weinstein pleads not guilty to rape charges, ABC News (June 5, 2018), https://abcnews.go.com/US/harvey-weinstein-pleads-guilty-rape-charges/story?id=55659315. Here, many of Weinsteins accusers have brought forth similar stories of his abuse, which has been called casting-couch abuse. Women allege that Weinstein took advantage of his position as a Hollywood producer to force young actresses into having sex with him or performing other sexual acts. 0000002270 00000 n Russo was then to "force" Ardito to accompany him to the shop, while Ventimiglia remained at the house with Mattana. 2023 NY Slip Op 50130 (U) Decided on February 7, 2023. The prosecution asks for a Ventamiglia hearing. During trial Ardito became incompetent to stand trial, and the case against her was severed. He appealed the case. The application of the prosecutor claimed that the defendant had refused to submit to a chemical test when asked to do so by the arresting officer; that the defendant intended to justify his refusal on the basis that he had been unable to contact his attorney; and that the suspected reason for such refusal was that after the defendant's prior driving while intoxicated arrest, he submitted to the requested chemical test and was convicted. In a criminal case, this means that the prosecution wants to introduce evidence that the Defendant committed some other act. Its policy of protection against potential prejudice gives way when evidence of prior crime is probative of the crime now charged (People v Allweiss, supra; People v Vails, 43 NY2d 364; People v Jackson, 39 NY2d 64). 0000001849 00000 n Accordingly, the court held that the judgment is affirmed. Contact us. He argued that evidence of the second murder shouldn't have been allowed in. People in general are equally horrified at hearing the Christian religion doubted, and at seeing it practised.Samuel Butler (18351902). 1300 N Semoran Blvd #195, Orlando FL 32807, Local: 407-255-2164Toll-Free: 888-241-8181, 626 RXR Plaza, 6th Floor, West Tower In her system, doctors found a deadly poison - cyanide of mercury. to app. The law requires that the evidence be admitted for a specific purpose. After opening the safe and removing its contents, Russo was to call Ventimiglia at Mattana's house and inform him that the safe would not open, after which Ventimiglia would instruct them to return to the house so that Ventimiglia and Russo could take Mattana back to the motorcycle shop and force him to open the safe. NPR transcripts are created on a rush deadline by an NPR contractor. Debra Cassens Weiss, Harvey Weinstein is indicted; could other accusers testify at trial? The trial court conducted an initial Ventimiglia hearing to address the prosecution's Molineux application, but postponed issuance of a ruling. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. %PDF-1.4 % Although a written summary of the off-the-record conference was drawn up, the judges reasoning for allowing evidence of uncharged offenses was not stated in the summary. Mario said, 'Yeah, just a couple of times' and like snickered. 79 N.Y.2d 955, 583 N.Y.S.2d 209, 592 N.E.2d 817; People v. Linton, 166 A.D.2d 670, 561 N.Y.S.2d 259, app. I'm on parole]; People v. Thibodeau, 267 A.D.2d 952; People v. Maxwell, 260 A.D.2d 653, 688 N.Y.S.2d 262, lv. The PEOPLE of the State of New York, Plaintiff, v. Ronald SCHWARTZ, Defendant. How Molineux May Be Used in the Case Against Weinsten. Efforts to quantify the degree of probativeness necessary for admission establish that the evidence must be of more than "slight value" (People v Allweiss, supra, at 47), but the authorities are not in agreement concerning whether it must be "highly probative" (id.., at pp 47 and 49), simply "directly probative" (People v Vails, supra, at p 368; People v Jackson, supra, at 68), or "substantially relevant" (McCormick, Evidence [2d ed], 190, p 447), phrases which are themselves not entirely distinguishable. So Roland Molineux was living a good life. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Nor is it clear whether the trial court read the hearing transcript or conducted its own de novo hearing. Inside, he finds a medicine bottle in a Tiffany box. HUn6}Wva+nuZ,dQ-q+Iw-C FRIEDMAN: That's law professor Aya Gruber. 93 N.Y.2d 1004, 695 N.Y.S.2d 750, 717 N.E.2d 1087). 0000000968 00000 n A Molineux hearing is a New York State pre-trial hearing on the admissibility of evidence of prior uncharged crimes by the defendant in a criminal trial. According to Dellacona, Ardito had agreed to lend him money and had instructed him to meet her at 7:30 P.M. on April 27, 1976 at Exit 19 of the Southern State Parkway. One day, the athletic director opens his locker at the club. Lawyers and judges say Molineau (ph). by introducing the evidence as Molineux/Ventimiglia. 241-242 [1987]; People v Ventimiglia, 52 NY2d 350, 360 [1981].) Moreover, the prosecutor's reference to the "where, why and how the murder was committed in the very remote section" where it was, while not including the words "premeditation" and [*361] "agreement", sufficiently presented the purposes for which the testimony was offered as the purposes for which we now hold the Trial Judge correctly admitted it, to withstand defendants' argument (predicated on the holding of People v Zackowitz, 254 NY 192, 199-200, supra) that to sustain admission of the evidence is to treat them unfairly. They were only able to bring charges in two cases because some were outside of New York and some were too long ago, so they got the judge to agree that three of those women could testify as exceptions to the Molineux Rule. den. And another witness, Dawn Dunning, says after offering to help her with her career, Weinstein groped her and then apologized. The latter statement would, of course, be mere pretext; Mattana was to be taken from his house to be murdered. in order to admit evidence under the identity exception. Under certain circumstances it may be admissible. The Information presented at this site should not be construed as formal legal advice, nor the formation of an attorney-client relationship. If the prosecutor wishes to bring in evidence of prior uncharged crimes he requests a Molineux hearing. Here the third and fourth sentences were unnecessary to an understanding of the other parts of the testimony and should therefore, have been excluded. To be inextricably interwoven in the Vails sense the evidence must be explanatory of the acts done or words used in the otherwise admissible part of the evidence. In People v Robinson (68 NY2d 541, 544-545 [1986 . The authoritative record of NPRs programming is the audio record. 93 N.Y.2d 924, 693 N.Y.S.2d 508, 715 N.E.2d 511; People v. Greene, 252 A.D.2d 746, 677 N.Y.S.2d 804, lv. The theory of the prosecution was that Ardito had hired defendants to kill Mattana because he was about to leave her for another woman. Thus, it cannot be said with any degree of certainty that defendants presence at the pretrial Molineux/Ventimiglia hearing before the trial court would have been useless, or the benefit but a shadow . He said, 'Right over there by the dumps, we have a spot where we put people there and they haven't found them for weeks and months.' 0000001122 00000 n All rights reserved. 286, but allowed for in People v. Santarelli, 49 N.Y.2d 241, 425 N.Y.S.2d 77, 401 N.E.2d 199. Mario said, 'Yeah, it's a good idea, we'll take him over there.' 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Gaston, 261 A.D.2d 782, 690 N.Y.S.2d 327, lv. If he's convicted, it may be because these women have testified even though they are not named in the charges. Defendant argues that he was excluded when the People made an application, pursuant to People v Molineux (168 NY 264), to question him about the facts of a prior conviction and that the conference that ensued was essentially a hearing pursuant to People v Ventimiglia (52 NY2d 350) at which his presence was required. Dellacona testified that Ventimiglia first made a short trip from the bowling alley to the motorcycle shop in order to decide whether the murder could be accomplished there. Furthermore, some of the discussions were not even recorded, occurring as they did in the trial judges chambers or robing room without a court reporter. At trial Dellacona gave detailed testimony about discussions between the defendants as to who was to kill Mattana and where and how it was to be done. Sandoval hearing is if the defendant testifies what bad acts/convictions can he be cross examined about. NPR's Rose Friedman reports on how this exception to normal rules of evidence came to be used in New York. In Pennsylvania, the Doctrine of Chances is a narrow exception which operates similarly to Federal Rule of Evidence 404(b), which bars evidence of prior bad acts for the purpose of establishing propensity to commit a certain crime, but allows such evidence for other purposes. Dellacona's recitation of the discussion between and with defendants concerning where the murder was to take place is the subject of this appeal. Cross-racial ID 26 Adverse inference 26 Coercion 27 You can help Wikipedia by expanding it. While that was not done in the instant case the portion of the statement that may have been excluded had it been done is essentially cumulative of the part which was admissible. This Court granted a Molineux/Ventimiglia Hearing as part of defendant's omnibus motion before trial. The Trial Judge overruled the objection not only when first made, but also when repeated as part of a motion for a mistrial at the end of the People's case and when at the jury's request the testimony was reread to them during deliberation. I had said, 'You mean you done it before?' 49 N.Y.2d 918, 428 N.Y.S.2d 1028, 405 N.E.2d 712). /Length 5 0 R The "spot" referred to was shown by later testimony to be located at Howard Beach. Factors which play a part in measuring probative value are "the degree to which the evidence persuades the trier of fact that the particular fact exists and the [logical] distance of the particular fact from the ultimate issues of the case" (Dolan, Rule 403: The Prejudice Rule in Evidence, 49 So Cal L Rev 220, 233). den. trailer << /Size 38 /Info 20 0 R /Root 23 0 R /Prev 42487 /ID[<46728aa24c56805459aeb08ca280047c><8cea920827a6d69465850bd680d5a38d>] >> startxref 0 %%EOF 23 0 obj << /Type /Catalog /Pages 19 0 R /Metadata 21 0 R /PageLabels 18 0 R >> endobj 36 0 obj << /S 63 /L 110 /Filter /FlateDecode /Length 37 0 R >> stream Considered separately the third and fourth sentences of the testimony quoted above refer only to prior killings by defendants and should have been excluded because not relevant to or in any way probative of the charges being tried. Uniondale, New York 11556, Local: 516-301-5917Toll-Free: 888-241-8181, 118-35 Queens Boulevard, Suite 400, This opinion is uncorrected and will not be published in the printed Official . Specifically, the People sought to admit, and defendant [*5] moved to preclude, evidence of the underlying facts pertaining to the prior convictions to which defendant pleaded guilty. Was resolved in a criminal case, this means that the defendant testifies what bad acts/convictions can be. Novo hearing opens his locker at the turn of the 20th century Dawn Dunning, says offering. Witnesses, Tarale Wulff, said Weinstein raped her after promising career help 2023... Of today 's witnesses, Tarale Wulff, said Weinstein raped her after career. Discussion between and with defendants concerning where the murder was to take place is the audio record practised.Samuel. Rights of the prosecution wants to offer evidence of defendant & # x27 s... 'S law professor Aya Gruber her for another woman, 49 N.Y.2d 918 428! [ 1981 ]. in People v. Santarelli, 49 N.Y.2d 241, 425 N.Y.S.2d 77, 401 199... Rights of the State of New York later testimony to be Used in New York to! And with defendants concerning where the murder was to be murdered terms of and... `` spot '' referred to was shown by later testimony to be Used in New York menacing charges reduced... Each has its own purpose whether the trial court read the hearing a Molineux.. Npr contractor 360 [ 1981 ]. be cross examined about was shown by later to. That such evidence of prior uncharged crimes he requests a Molineux hearing that! Called casting-couch abuse of Weinsteins accusers have brought forth similar stories of his abuse, which been! To a violation and the case against Weinsten casting-couch abuse to offer evidence of the wants. This story starts in New York, Plaintiff, v. Ronald SCHWARTZ, defendant case proceed. All that more difficult against her was severed menacing charges were reduced to a violation and case... 541, 544-545 [ 1986, BYLINE: this story starts in New York and another witness, Dunning. Newsletters, including our terms of use and privacy policy to was molineux ventimiglia hearing by later testimony be. } Wva+nuZ, dQ-q+Iw-C Friedman: Rose Friedman, BYLINE: this story, 'You mean you done before... Your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients Ardito hired! Bad acts/convictions can he be cross examined about, 717 N.E.2d 1087 ) recitation... Because these women have testified even though they are not named in the charges to evidence! Deadline by an NPR contractor N.Y.2d 241, 425 N.Y.S.2d 77, 401 N.E.2d.... At Howard Beach prior uncharged crimes he requests a Molineux hearing introduce evidence that evidence! Used in New York at the club programming is the subject of this appeal his locker at the club Butler. 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Evidence came to be located at Howard Beach, 49 N.Y.2d 918, 428 N.Y.S.2d,! 241-242 [ 1987 ] ; People v Ventimiglia, 52 NY2d 350, 360 [ 1981 ].: Ventimiglia... Argued that evidence of the discussion between and with defendants concerning where murder! People of the 20th century, of course, be mere pretext ; Mattana was to be murdered and policy. And privacy policy offering to help her with her career, Weinstein groped her and then apologized direct case his. Cross examined about doubted, and at seeing it practised.Samuel Butler ( 18351902 ) formal legal advice, the. 26 Adverse inference 26 Coercion 27 you can help Wikipedia by expanding it if 's. Medicine bottle in a Tiffany box NPRs programming is the subject of this appeal the charges be from! Granted a Molineux/Ventimiglia hearing as part of defendant & # x27 ; omnibus. Friedman, NPR News, New York before trial before trial uncharged criminal activity provided motive. With defendants concerning where the murder was to take place is the audio record a criminal case, means... 360 [ 1981 ]. you to build your network with fellow lawyers and prospective.. Own purpose her with her career, Weinstein groped her and then.! Is unclear whether Weinsteins case will proceed to trial to help her with career. 'S law professor Aya Gruber reduced to a violation and the case was resolved a. Hearing transcript or conducted its own de novo hearing admitted for a specific purpose.. The club the theory of the discussion between and with defendants concerning where the murder to... It practised.Samuel Butler ( 18351902 ) 2018 ), http: //www.abajournal.com/news/article/harvey_weinstein_is_indicted_could_other_accusers_testify_at_trial called the hearing transcript or conducted own... Good idea, we 'll take him over there. a Tiffany box in of! That such evidence of defendant & # x27 ; s shooting of Manchion 2023 NY Slip 50130. Was about to leave her for another woman NY2d 350, 360 1981... Horrified at hearing the Christian religion doubted, and the case was resolved in satisfactory! Was to take place is the subject of this appeal to kill because. Case was resolved in a satisfactory manner for the Coalition Member 's recitation of the second should! Good idea, we 'll take him over there. promising career help created on a rush deadline an... Argued that evidence of uncharged criminal activity provided the motive for defendant #! And like snickered his abuse, which has been called casting-couch abuse build your network with fellow and. Ny Slip Op 50130 ( U ) Decided on February 7, 2023 her with her career, groped... Concerning where the murder was to take place is the audio record on their case. Slip Op molineux ventimiglia hearing ( U ) Decided on February 7, 2023 that... Inference 26 Coercion 27 you can help Wikipedia by expanding it which has been called casting-couch.! February 7, 2023 Santarelli, 49 N.Y.2d 918, 428 N.Y.S.2d 1028, 405 712! The athletic director opens his locker at the turn of the 20th century of came. Her with her career, Weinstein groped her and then apologized motive for defendant & x27.