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Harvey Weinstein will not testify in his ongoing sexual assault and rape trial.

Weinstein’s attorney, Mark Werksman, told the judge on Monday morning that his client would not be testifying. Weinstein also confirmed that it is his decision not to take the stand, telling the judge that he opted not to testify.

“I want you to understand that you have an absolute right to testify,” Judge Lisa B. Lench told Weinstein in the courtroom on Monday morning. She also told Weinstein that he has the right not to testify. “Yes,” Weinstein responded, indicating to the judge that he understands his rights, but has decided not to testify.

Weinstein did not testify in his New York trial in 2020, and it seemed unlikely that he would testify in this trial.

Weinstein faces seven charges in this trial: five counts of sexual assault and two counts of rape. If convicted on all charges, he could face 60 years. If he is acquitted, he still would still serve the remainder of his 23-year sentence from New York where he was convicted for rape and sexual assault nearly three years ago — though his New York defense team is currently appealing that conviction, which the New York Court of Appeals, the highest court in the state, has agreed to hear.

After a week-long break for the jury during Thanksgiving, the trial resumed Monday morning in downtown Los Angeles in the criminal courts building. The prosecution rested before the holiday, after nearly a month of calling witnesses. The defense will begin to present their case today, which is expected to be much shorter than the prosecution; Weinstein’s defense has said they expect to rest by Wednesday of this week.