And the penalty for that is up to 25 years in prison. All of this was for the acquisition of mimi haley, of our Production Assistant who said that he sexually assaulted her in 2006 and according to the jury they say the prosecution proved beyond a reasonable doubt that Harvey Weinstein did in fact commit this crime. The second count i should say, that Harvey Weinstein has been found guilty of, rape in the third degree, jessica mann says that Harvey Weinstein raped her in a hotel room. All this information just coming out now, we are still waiting to hear a little bit more and for the people in the courtroom to actually leave, we havent seen anyone leave the courtroom just yet but Harvey Weinstein also faced three other counts, predatory sexual of salt, predatory Sexual Assault for his third accounting and rape in tht degree, those three hes been found not guilty. Again, this is a big announcement for so many accusers who many women came forward, only two womens cases were able to be heard in court. There were also accusations of another one, the one case that couldve led this to because become predatory Sexual Assault. Prosecutors needed to prove this was our repetition, that he had committed these kind of acts previously in the past but according to the jury and their findings now, its emily wasnt able to be done. Two counts that we are seeing but altogether his first account, the charge of criminal sexual act in the first degree could be up to 25 years, the second one, rape in the third degree could be a prison sentence of up to four years. There is no word on a sentencing or what that would mean. Harvey weinstein also faces charges in a case in california so we are hearing from analysts, how this is working moving forward is that the District Attorney here in new york would likely work with the District Attorney to make sure Harvey Weinstein is available for that court case. We will be here throughout the day for that. Harris talking about what comes next and all of us in the state of new york, im wondering, you say theyre going to work together, california and new york rather, california is next. What are you hearing about timeline there . What am i hearing about . Harris a time line what comes next. Its timeline. There is no word just yet on the timeline, we are at this point waiting for them to come out of the courthouse as they are still discussing all the ins and outs of this. This has been a long time coming, some of these accusations date back decades, im sure its the same thing for them, wondering when they will see Harvey Weinstein behind bars. He will not be released today, we are still waiting for the prosecution, and for his attorney to come out and speak with us today. The District Attorney will have a press conference today, we will be able to touch on thats that a little bit more. Harris we want to bring in judge Andrew Napolitano, fox news senior judicial analyst. Thank you for joining us. Let me ask you, can you tell us the difference, the two charges he was convicted on, criminal sexual act in the fifth degree, rape in the third degree. The first charge, is a rape, the Forcible Entry of a body of another without that persons consent. The second charges the same without the entry, the forcible thrusting of himself on another persons body for his own gratificatiogratification. Thats the difference between the two of them. Thats why one of them as a potential 20 years and the other is a potential four years. The surprises in this case, melissa, are the acquittals for the sexual predatory behavior, those are new statutes in new york and in california which would mean almost automatically life in prison. Those charges require an actual rape within the statute of limitations and some sexual predatory behavior. At any time, the actress from the sopranos testified to an attack going back to 1992, obviously couldnt be prosecuted for that today about the statute left of the prosecutors bootstrap the old behavior onto the new and thats where the government failed here today. And quite frankly, thats a surprise. Melissa the pundits on friday, everybody was looking at this from the outside when they were deadlocked, the assumption was that it was those two with those predatory counts that they were deadlocked on that they had decided he was guilty and the underlying charges and you had to find those guilty to get to the other two and, now it turns out that that conjecture was wrong. Dagen mcdowell and i discussed this with maria this morning, i said i dont know what they agreed to or what they are deadlocked on, i know most people think that they have agreed on some and disagreed on others but it turned out we were all wrong and though far more serious charges, not only was there no deadlocked, there was no conviction for him and on the lesser charges, you cant diminish them because its rape and its 20 years in jail and he is in his late 60s. Melissa is he going to jail no matter what . Does the government transport him to los angeles . Right now the d. A. , probably on the phone with his counterpart in los angeles trying to decide who will have custody over Harvey Weinstein because l. A. Wants to try this case which is scheduled for next month and new york wants weinstein behind bars permanently and they want that to start this afternoon. Thats what the negotiation will probably be in the next few hours. Harris judge, thank you for that timeline. I was asking a reporter about that because i was curious, youve helped answer some of that question. So we knew on friday, actually as early as thursday that the jurors might want to hear again or the courtroom might want to hear again from annabella sciorra, the actress you are talking about. What were they specifically looking for . We got word they were deadlocked on these last two charges or it would appear maybe even three of them, i was wondering, what are they listening for . Her case couldnt be adjudicated, we are beyond the statute of limitations, arent we . Well beyond the statute of limitations. What they asked for was not her direct examination by the prosecutor but the crossexamination of her by weinsteins lawyers. Thats very unusual that the jurors would just ask for the cross, they usually either ask for the direct so they can hear the story told again or they ask for both. When theyre asking for just the cross examinations, that tells me that they doubted her testimony, they wanted to hear the cross examination again to reinforce those doubts and now we know that the doubts were of such a magnitude that they found not guilty. Harris judge, what happens next for him . You see him, you can speak to the issue, we are not doctors but he walked into the courtroom on a walker, how much of that determines whether he spends a little time outside of jail or immediately into jail, from the judges standpoint, what did they look at . I dont think the judge will be concerned about whether that walker israel. The crime for which he was convicted is extremely grave, rape and the first degree, its 20 years. You are talking about perhaps a life sentence because its going to be a minimum of 15 years and somewhere in those 15 years hes going to confront justice in l. A. And we have no way of knowing what the outcome of that will become of their penalty system is nearly identical to new yorks. Harris you heard our reporter and weve been saying it since the story broke in different ways in the last 20 minutes or so, this is such a huge deal for the metoo movement. What precedent does this set . I dont think it sets a precedent, regrettably. It wouldve set a precedent had he been convicted on those new statutes, the sexual predatory statutes. However, it does give cover and ground for those who have been abused and victimized in a criminal way to come forward to prosecutors. Even though the prosecutors lost what they really wanted to win, they did an extraordinary job in this case in challenging one of the most powerful people in hollywood on some of the most grave crimes short of murder thats imaginable and they got enough of a conviction to keep him off the street for nearly the rest of his life. Speech you look at it through the lens of both teams here for a second, judge, we know were going to hear from the District Attorney and a short time. And when that happens we are certainly going to take it live. I imagine hes going to say this is a great victory for the District Attorneys office, i dont know if you share that conviction given they only got a conviction on 2 out of 5, hes going t to go to jail for at let 15 years, his Defense Attorneys are telling him, obviously you didnt get off but you dodged a lot of bullets here, we did a really good job, what do you think, whats your opinion . My opinion is the government did the right thing, these novel statutes that give the government new tools dont often always work the first time you use them and its a judgment call, should we use this new tool, this new predatory statute, is this the case in which to do it . Its going to look like we are afraid to go after a big name guy. Its going to be more difficult to do this in the future, this is the type of thing that goes to the head of a prosecutor when deciding what to ask grand jury to indict four. No police testified in this case, the police, the nypd investigated weinstein for years, why were none of them called to testify . Today have doubts about this . Harris why do you think that is . I dont know the answer to that end some reporter is going to catch up with a detective. Harris maybe theyre watching. However, however, the bottom line is this was a serious professional prosecution that resulted in the conviction of formerly one of the most powerful people in hollywood who will probably come up probably not see the light of day again as a result of this verdict today. Harris judge, im going to ask you to stand by, please dont get up because i want to bring in someone i know you know well, former federal prosecutor doug burns, at some point you may even see all three of us on the screen because i love to have you guys talk to each other about this. Were about to hear from the manhattan District Attorney and i am curious what you anticipate we will hear about this case. The judge laid it all out beautifully under the point is, sometimes there is a disconnect and i think the judge was implying this, between he was only convicted of a few counts but the reality is, as explained, the one count, the top count is a very serious one that carries a very serious penalty. It will be able to claim it was a solid victory, he faces significant prison time, we are very proud of the effort but again, the top two counts, so to speak, count one, count three, predatory behavior involving a prior incident and the current one and he beat those and it is harris to interject for just a second, the audience can see what we are seeing now, people coming out of this courthouse, the reporter said just a few minutes ago, we were waiting for people to come out of that courtroom so we can start to hear some notes on color and what it was like, we are also waiting for the manhattan District Attorney to take for to the microphone. Statement there is one of the attorneys leaving the team for the victims, we see her coming out and again, talking to the News Conference that will be on the 15th floor of this building and i say that because for a second, weve gone back outside. Im talking with doug burns and judge Andrew Napolitano about this because we are curious to know, they are going to take questions, what would you ask . I would ask, how did you decide to go after him on the predatory count, the novel statute in new york and why do you think you lost that . I might ask him to make them feel good, you know, your evidence was very strong on the rape count, what do you expect the sentence will be . And then im going to say, how are you going to get them to l. A. . Youre certainly not going to insist he gets the serves the full term before he even gets to l. A. Because he might not be alive 15 or 16 years from now, your colleagues in l. A. Probably wanted next month. I know somebodys going to ask, why do you think the Police Involved in this case did not testify, is at seven you think youd answer . Thats a good point, for sure, im not sure myself as i think the judge said, we are not sure why they didnt testify but at the same time, you know, you dont necessarily need them when you have the actual specific victims coming forth in court but they may ask it and i think ill probably sidestep the question a little bit, melissa. Melissa judge, let me ask you, representing some of the victims in these cases, does this verdict impact civil damages . Yes, it does. This is a far more difficult case to approve. To a moral certainty in a civil case, many of which i think hes a settled, if theyre stoked civil cases out there that burden of proof is a lot lower, by a preponderance of the evidence. Theoretically it should be far easier to prove civil liability. From that as a result in this conviction. I know gloria and you know gloria. You know shell find a camera and us her say on why the government prevailed on the rape count but lost on the predator account. Harris im going to ask again, sit by if you will, we want to go back to a reporter if you will, alex hogan has been working some information, has a sentencing date and details, when we will expect to see Harvey Weinstein leave. We are just learning that right now we will not see Harvey Weinstein leave, he was taken into custody, he will not be leaving the courthouse behind me, weve also got new details about this timeline, we were mentioning that sentencing is said to take place on the 11th of march and moving forward today it would you expect some other things to take place at the courthouse, the District Attorney will hold a press conference in the courthouse to go over the case in general and everything that it took to bring this to fruition. There will also be another News Conference that will take place here, the silence breakers will be speaking, many people who have come forward, 23 different people listed in that update of people who will be speaking here regarding everything that it took for what they call as justice finally being served. The new update is that Harvey Weinstein will not be leaving the courthouse. Harris we are just hearing from that group, the silence breakers, about that News Conference you talked about, they just released a statement and here it is in part. While it is disappointing that these outcomes did not deliver the true full justice that so many Women Deserve, Harvey Weinstein will now forever be known as a convicted serial predator. This conviction would not be possible without the testimony of the courageous woman and the many women who have spoken out despite intimidation from weinsteins legal team, they courageously shared their stories with the jury, the courtroom, and the world. A quick last word if you will repeating that sentencing for us one more time, alex, and what you know about Harvey Weinstein, hes not coming out of the courthouse. Thats right, Harvey Weinstein will not be coming out of the courthouse, this is on march 11th, the date we are told a sentencing should come down. The one thing we need to keep in mind, Harvey Weinstein also faces another Sexual Assault case in california and this could impact when the sentencing takes place and when that will be but again, Harvey Weinstein will not leave the courthouse, hes already in custody and we have new information that there is no bail for that meaning he will not be able to leave from right now after years of this case coming to be finally wrecked users in the courthouse giving their testimony of what took place, what happened to them, they finally have what they were hoping for, that they would see Harvey Weinstein leave and go to jail. Harris alex hogan, thank you very much. Melissa judge napolitano, let me ask you. We know now that hes in custody and that the sentencing is going to happen on march 11th, how does that impact the case out in l. A. And what is the argument you make on both sides that they are fighting over basically this defendant . I think hed certainly be here through march 11 then we will know what the sentencing is and once he is sentenced he will be shipped to some permanent facility, right now hes in a holding cell at adjacent to the courthouse, hed be shipped to a permanent new york state prison. From that point on it will be a negotiation between new york and california and quite frankly, melissa, the states show Mutual Respect for each other. There is no way new york is going to keep them for the full duration of this sentence when l. A. Has prosecutors, witnesses, a judge and all the other resources that go into criminal trials ready to go so he would then be delivered in the custody of new york state marshals in california from wherever he is in new york to wherever they want him in l. A. And he would be tried in l. A. , when the trial is not going on, he be kept in a Holding Facility until that case is over with. Whether hes acquitted or convicted there, if convicted the sentence to california time and then returned to serve new york time first. Harris we are way inside the twominute warning, probably closer to a one minute warning, the District Attorney in this case, cy vance expected to start with that News Conference