courthouse, whether the defense team comes out and speaks as well, were going to be all over it all afternoon. >> sandra: big day for news, market still up, dow of 908 points as we handed off to "outnumbered." >> ed: "outnumbered" starts right now. >> harris: we will pick up our breaking news coverage right now, a jury has found movie mogul harvey weinstein guilty on two counts including our criminal sex act and third degree rape. alex hogan is live in new york city at the courthouse with more. alex? >> this is a monumental case and as you just mentioned, we do have a verdict. harvey weinstein faces five counts in his sexual assault case and he has been found guilty today on two of them. the very first one he was found guilty on his criminal act in the first degree, class b felony

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 haven't 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 he's been found not guilty. again, this is a big announcement for so many accusers who many women came forward, only two women's cases were able to be heard in court. there were also accusations of another one, the one case that could've 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, it's emily wasn't 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, i'm wondering, you say they're 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. >> it's 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, i'm sure it's 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 that's 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 person's

consent. the second charges the same without the entry, the forcible thrusting of himself on another person's body for his own gratificatiogratification. that's the difference between the two of them. that's 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 couldn't be prosecuted for that today about the statute left of the prosecutors

bootstrap the old behavior onto the new and that's where the government failed here today. and quite frankly, that's 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 don't 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 can't

diminish them because it's rape and it's 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. that's 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, you've 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 couldn't be adjudicated, we are beyond the statute of limitations, aren't we? >> well beyond the statute of limitations. what they asked for was not her direct examination by the prosecutor but the cross-examination of her by weinstein's lawyers. that's 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 they're 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 don't 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, it's 20 years. you are talking about perhaps a life sentence because it's going to be a minimum of 15 years and somewhere in those 15 years he's 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 york's. >> harris: you heard our reporter and we've 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 don't think it sets a precedent, regrettably. it would've 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 that's 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 he's going to say this

is a great victory for the district attorney's office, i don't know if you share that conviction given they only got a conviction on 2 out of 5, he's going t to go to jail for at let 15 years, his defense attorneys are telling him, obviously you didn't get off but you dodged a lot of bullets here, we did a really good job, what do you think, what's your opinion? >> my opinion is the government did the right thing, these novel statutes that give the government new tools don't often always work the first time you use them and it's a judgment call, should we use this new tool, this new predatory statute, is this the case in which to do it? it's going to look like we are afraid to go after a big name guy. it's 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 don't know the answer to that end some reporter is going to catch up with a detective. >> harris: maybe they're 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, i'm going to ask you to stand by, please don't 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. we're 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, we've gone back outside. i'm 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 i'm going to say, how are you going to get them to l.a.? you're 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 somebody's going to ask, why do you think the police involved in this case did not testify, is at seven you think you'd answer? >> that's a good point, for sure, i'm not sure myself as i think the judge said, we are not sure why they didn't testify but at the same time, you know, you don't necessarily need them when you have the actual specific victims coming forth in court but they may ask it and i think i'll 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 he's a settled, if they're 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 she'll find a camera and us her say on why the government prevailed on the rape count but lost on the predator account. >> harris: i'm 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, we've 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 weinstein's 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, he's not coming out of the courthouse. >> that's 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, he's 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 he's 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 he'd 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 he's in a holding cell at adjacent to the courthouse, he'd 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 he's 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 two-minute warning, probably closer to a one minute warning, the district attorney in this case, cy vance expected to start with that news conference and take some questions. we are given some timing guidelines where it might be 5 minutes but we know what happens when questions and enter start to get going. he made such an interesting observation, this case gives cover and grounds to victims to come forward and challenge the powerful. no doubt we will hear some of the stories as you said about what these victims have gone through just to get to the point where they told their stories and again, we are watching that door on the left side of your screen for the district attorney cy vance to walk through those doors, take the lectern and start the news conference.

with just a few seconds we may hear a little bit more about the victims in all of this, i would imagine, too, judge? >> i think we will hear, if we don't hear from cy vance you will hear from their lawyer. if you read the prosecution of these witnesses, professional cross-examination. it was vivid, heartbreaking, awful what they had to go through but with an outcome of the guilty being convicted it should give consolation to others out there trying to decide whether or not to bring these types of allegations to the attention of the authorities that ultimately justice will prevail. >> harris: this news conference has begun, they are not quite all of the microphones yet but i want to make sure we are at the ready for when they begin to speak, the district attorney set to go within seconds from now. judge andrew napolitano and former federal prosecutor doug

burns on deck with us today as we cover the breaking news, we will ask them to sit by, as soon as this is over we continue our coverage but for now let's wat watch. >> good morning, can you hear me? okay, good. good morning and thank you for being here. miriam haley, jessica man, annabella sciorra, lauren young, eight women who have changed the course of history in the fight against sexual violence. these are eight women who pulled

our justice system into the 21st century by declaring that rape is rape, sexual assault is it sexual no matter what. rape is rape whether it's committed by a stranger in a dark alley or an intimate partner in a working relationship. it's rape whether it's committed by man that with immense power and privilege. within an hour, within an year, or perhaps never. it's rape despite the complicated dynamics of power and consent after assault, it's rape even if there is no physical evidence and even if it happened a long time ago. this is the new landscape for survivors of sexual assault in america i believe and this is a new day.

it's a new day because harvey weinstein has finally been held accountable for crimes he committed. the women who came forward courageously and at great risk made that happen. weinstein is a vicious serial sexual predator who used his power to threaten, rape, assault, trick, humiliate, and silence his victims. he's been found guilty of terminal sexual act in the first degree and will face on that count a state prison sentence of no less than five years. and up to five years. to the jurors, i want to thank the jurors for their service and careful attention. their verdict turned the page in our justice system on men like harvey weinstein. i want to say thank you for the assistant district attorneys, paralegals, and analysts that worked on this case.

maxine rosenthal, kevin wilson, john irwin, annie clark, and emily hogan and especially harriet galvin, megan ha who conducted difficult and meticulous investigation and performed under the greatest of spotlights. and finally, tell the survivors of harvey weinstein. i oh and we all owe an immense debt to you. who had the courage beyond measure to speak your story to the world, to this courtroom, at great personal risk and in great personal pain. to those of us who are privileged to be in the courtroom and they testified, you know what i mean. these survivors weren't just

brave, they were heroic. words can't describe adequately the sacrifices the survivors made to pursue justice. weinstein with his manipulation, his resources, his attorneys, his publicists, and his spies did everything he could to silence the survivors. but they refused to be silenced, they spoke from their hearts and they were heard. they were heard by weinstein's other survivors and sexual predators all over the world, they sacrificed their privacy and self protection known better than anyone the extent of weinstein's power. manipulation, retribution, and abuse. to them i would say, you broke the silence to hold him accountable and believe me when i say that because you have done so, a generation of sexual

assault survivors and all of us are your every word. thank you. i will take a couple questions. >> reporter: do you feel in some way you came up short? you mentioned it could be as little as five years? >> i am certainly not dissatisfied by the verdict. i think this was a very difficult case, a very challenging case and a case that really moved our understanding of what sexual assault is, where it can occur, i think it's been a part of the criminal justice system for a long time. i believe with a maximum of up to 25 years, it is not the top counts in the indictment but by no means am i disappointed with the jury's unanimous statement that harvey weinstein is guilty of sexual assault. any other questions? >> it appears that jerry

repudiated their testimony, do you have any concerns that women are going to have to endure at the hands of lawyers? >> i think in the regard to jessica man, harvey weinstein was convicted of rape another degree. took great risk and was in substantial pain. i can't look behind the jury's verdict or how they arrived at that, we have to respect that process but my by no means is it a statement against ms. sciorra or anything she said in court. the jurors find a way through. in terms of the cross-examination, i think we saw the cross-examination for years and years and years.

i hope that with this verdict it would become more obvious that those kinds of attacks on survivors and victims, making it seem like it's all their fault will be realized as legal attacks that simply are no longer going to work in this day and age. and it's time that lawyers stop using them. i. >> what's your message to women about coming forward, what's your message to women that may be attacked today or last year? >> with this verdict i hope that survivors will see that in this justice system, prosecutors, judges, and juries will believe them even when the facts are not simple and even when the

dynamics of the relationships between the survivors and the abuser are complicated. and i think the message is, this is a big day, this is a new day and i hope women will understand that significance in the jury verdict today. in terms of the time it takes to report a sexual assault, we cannot put ourselves in the shoes of a victim of sexual assault to understand what is going through his or her mind, you heard on the witness stand, the reason survivors did not come forward it, they were deathly afraid of harvey weinstein, for one thing, that he would ruin their careers so there's all sorts of dynamics that make survivors of sexual assault are not comfortable to come forward. however those stories are now part of what we all understand better after this trial, that survivors have to go through. so my hope is with this verdict,

survivors of sexual assault, whether it's mr. weinstein or someone else, will come forward and our office and others like our office will i hope be there to listen to them and help them move forward. thank you so much, everybody, have a good day. >> harris: so we have heard from the district attorney, cy vance. he said something really interesting, i thought. he said this is new landscape and it turns the page on the justice system for men like harvey weinstein. when asked about whether or not he had a message for the victims, he said he doesn't pretend to even understand what they go through to come forward, this might change some of that landscape that he was talking about. we will then be further watching, what we hear from the defense, will be here for many of the victims or their

attorneys, we will be watching for that breaking news, you see all the microphones are at the ready there. i want to bring back former federal prosecutor doug burns, doug, you're with us? was there anything in what cy vance was saying there that caught your ear by surprise? >> not at all. the thing is when the stories of this case are written from a legal standpoint, it was a little bit of a tricky case of the district attorney said it was difficult on some levels and i really like the way he put it which is in terms of an ongoing relationship, as i covered this case it became a parent and i sort of fashioned what i thought the prosecutor should argue which is that the victims even though they may have contacted him after the assault, even though they may have texted him "i miss you," the reality is that's not fatal in terms of proving the case beyond a reasonable doubt because the

argument, harris, is that they were willing to put up with even criminal conduct because of the context of the relationship which was that they were desperate and trying to get parts in hollywood and he was overwhelmingly powerful. so i think the d.a. was referencing, in a sense of the jury understood that not withstanding a very unusual dynamic, he was still guilty beyond a reasonable doubt of sexual assault. >> melissa: we are learning that we are going to hear from the silence breakers at about 1:30 eastern time today and we've read their statement earlier, saying we were disappointed that the outcome didn't deliver the truthful justice that so many women deserve but that harvey weinstein will now forever be known as a convicted serial predator. we are going to hear from them at about 1:30. doug, i wonder, you think about the conversation that could be going on on the defense side right now, i imagine his lawyer

saying something like it could've been so much worse, there was only those two of the five, you didn't get the two really serious ones and i imagine him responding something like "i'm going to die in jail." what you think the conversations are like? >> i heard you say it earlier and you're right, on the defense side you're going to be telling your client look, we'd be much more serious top accounts, predatory conduct which see carried very serious penalties, obviously that's it but the practical reality, the keyword, the practical reality is that he was convicted of a very serious offense and he's going to do very substantial and significant prison time. there's also another case out on the west coast. it's kind of a mix but again, to be clear, from my vantage point, you're entitled to claim on the defense, two serious counts but you also have to recognize that

your client was convicted of a very serious offense and he's going to do very substantial prison time. >> harris: we appreciate you sticking with us as though breaking news continued this hour. i want to bring back our senior judicial analyst on fox news, i don't know if you heard the d.a. talking about, well, he answered a question from one of the reporters, what would it be like if you only get five years. he's happy with the conviction today but my first question is, would that be justice in the truest sense if he got a lower sentence like that? how does that work? how strong is the case in california? >> i can't imagine w he would gt five years for this, the gravity of his behavior in this case it is you're talking about between 20 and 25. while you are targeting my friend doug burns, i was just

emailing some of my friends. >> harris: that's a harsh word. >> he gives great answers. i was emailing some of my friends in the legal community, and the responses universal, a very heavy sentence, a very heavy sentence her. so it's unlikely that harvey weinstein will get anything below 25 years. in california i don't know, if you listen to the d.a. they claim they have a stronger case than they did here and they are also going to try that theory that the legislature allowed here and also allowed and will allow in california, an old predatory acts combined with a new one, you get life in prison. >> harris: we will sit by, on the left side of your screen, a look at new york city, those are

the microphones that would capture the defense attorney, that i was just giving us an idea that they might try to say, well, we lost on two counts but didn't lose on three others, what will they say about harvey weinstein and their client today who is found guilty on two charges, very serious ones. stay with "outnumbered," we will be right back. and once you refinance, the savings are automatic. thanks to your va streamline refi benefit, at newday there's no income verification, no appraisal, and no out of pocket costs. activate your va benefit now. one call can save you $2000 every year.

>> harris: breaking news, we are hearing from some of the defense attorneys, the attorneys for the victims in this case against harvey weinstein, let's keep watching and listening from these attorneys as they talk about the victim's perspective in all of this. >> today will be some mode of relief for all of the assault survivors who hopefully today can bring about some sense of relief. and so far all the survivors who participated in the criminal

trial, i think deborah and myself and everyone else who were dissipated in this trial want to thank them. i'm confident that each one of the six women who testified convince this jury to convict two separate victims, one of criminal sexual assault in the first degree and i know gloria will be speaking about her shortly and also another victim in rape in the third degree, ms. mann. mimi haley, jessica mann, annabella sciorra, let me say on behalf of all the victims, thank you for your participation, thank you for having the courage to stand up in not easy circumstances to face cross-examination, deface the media, to face scrutiny but to do what was right. and thank you to those women for landing a voice for those who

couldn't be directly heard because we know there are many other victims of harvey weinstein who were not testifying at this trial but their voice was heard through the six courageous women. and of course we are all also grateful for the incredible and courageous -- >> harris: we are watching again, the victims in this case against harvey weinstein after being found guilty on two counts today, that was douglas winger, what a difference if they made for even more women to come out, in the cases they are seeing adjudicated and even more, judge andrew napolitano, our senior judicial analyst is going to join in the conversation, once again. judge, as you're listening to that, you said earlier and i wrote it down, covering ground for future witnesses to come forth, how in particular is this case changing things today? >> it's justice for someone who

wants it seemed a teflon person as we watched the d.a. cy vance sort of celebrate his victory if you can even call this a celebration, one needs to remember that harvey weinstein contribute to cy vance's campaigns for many years and practically had to be dragged kicking and screaming into this prosecution and is now facing primary election challenging his judgment for waiting so long for a prosecuting harvey weinstein so the real answer to your question is, prosecutors should not hesitate for political or cultural or social reasons to go after defendants who are big names when they have witnesses and when they have corroborating evidence to support with those witnesses say. >> harris: is that too pie-in-the-sky, i don't want to call out some names because things are apples and oranges today but i'm just thinking cases were big names don't get tried for so long, look at the treatment jeffrey epstein had, i will just go ahead and say it, i

know the cases are not necessarily related although they may have some similarities down the line but what is it, when you say that about cy vance and see him talking about the victims today, what is it that says that we will tolerate this as a society? where watching what happens when you don't. >> that's what the electorate will say to him, by electing him by the skin of his teeth or electing someone to replace him. i think he's a decent prosecutor but here in new york where the prosecutors are properly elected and allowed to solicit campaign funds from the people they may prosecute and the lawyers who oppose them, this is always going to be an issue but it should be secondary to the issue of what is just stand what is right and what is provable and what victims are believable and who should we prosecute? >> harris: i wonder if it isn't also at least partially the apparatus of what we're talking about now, we see this in hollywood and television news, turn a blind eye to any of

the journeys anybody may have been on, we've seen it on capitol hill with the shush fund money, the apparatus of sexual discrimination, assault, harassment, it is such a tough beast to tackle anyway. >> we are not talking about someone's inappropriate behavior in the workplace, we are talking about violence, we are talking about the subjection of a human being as if she were a doll or a toy or -- totally at his disposal. as i said before, short of murder this is the greatest crime for which the state governments prosecute people which is why i fully expect the 20-25 years in jail next month when he is sentenced. >> harris: the next go round, allowed to look at this go-round for anything in how they look at their case in california? >> probably just the political

lesson but not legally, if you mean and the events in new york be described in the california courtroom, only if he gets on the witness stand which i can imagine he would do, he takes the witness stand, cross-examination, anything is fair game. even of the jurors would certainly be aware of what happens today they cannot take it into consideration and the judge will obstruct them of that. >> melissa: judge andrew napolitano, thank you so much. we have learned that harvey weinstein has been convicted on two charges in his rape trial here in new york, he's been remanded to custody, we know the sentencing is coming march 11th, we've heard from the district attorney on this front and we are waiting to see if anyone from the defense side possibly comes out to speak, we will have much more on this right after a quick break. all these awards are more proof that we built a network that really works for you. experience america's most-awarded network on the phone you love, the amazing iphone.

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>> returning with breaking news on the harvey weinstein conviction now, we heard from defense attorneys very quickly, seems they're going to file an appeal very soon, i want to bring doug burns back in right now, i don't believe we've confirmed on our side but we are seeing some reports that his

lawyers, weinstein's lawyers had asked for house arrest and the judge said no, does that surprise you? as he awaits sentencing and also what do you think is the likelihood of an appeal being successful? >> on the remanded into custody, i'm not surprised, the case has been going on for a long, long time, he was convicted of a serious offense and you know, i wasn't surprised, i'd been debating that with a number of my colleagues and experts and stuff, those rulings can go in either direction sometimes. but again, you don't want to have some big, big, fugitive situation like roman polanski. i'm not suggesting that in fairness to harvey weinstein about the same time that's just the equation. he's more of a risk of flight now that he's convicted than he ever was. that was the analysis. as far as the appeal, very interesting because when you put aside some of the ballpark discussions, you start getting into some very interesting legal issues as everybody knows, prior

bad acts, other bad acts, everybody remembers that. in the second trial, prior bad act witnesses. even though technically they are not probative, on the crime under consideration. it's a very tricky analysis so that may be part of it. you did have the lesser included offense sort of issue with jessica man, possibly crying out to appellate judges as was discussed out of the statute of limitations, that's about where the appeal is going to be stacked up. >> melissa: does this encourage more people to come forward and they are victims, doesn't have a chilling effect because there's so many people in so much evidence and so many accusers and he only gets convicted on two counts, how

would you say, give me the 30,000-point of view? >> it's a mixed analysis. celebrity cases have a very unusual dynamic. human nature, human beings will look at a celebrity sometimes with slightly different, almost standard of proof. it will encourage people to do that. the case has some problematic with some of the testimony. people who are victimized and there is no follow-up activity would be even more willing. i'm being positive, i think this today will encourage more people to step forward and i think that's a good thing, honestly. >> harris: we want to say again, harvey weinstein found not guilty on three charges but

he was found guilty on criminal sexual act and rape in the third degree. we will continue this coverage at the top of the hour with harris faulkner but for right now, thank you so much for joining us, we will be right back. out of pocket. if you have moderate to severe psoriasis, little things can become your big moment. that's why there's otezla. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated... ...with an increased risk of depression. tell your doctor if you have a history of depression... ...or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment.

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>> harris: another busy hour with breaking news. fox news alert on harvey weinstein being convicted of two of the five charges that were filed against him. this is "outnumbered overtime," emirates foster i'm harris faulkner. a pivotal moment for the #maytoo moment is what is being called. he's now in custody for sex crimes. the jury found him guilty of first-degree criminal sexual acts and third degree rape, while at the same time the jury acquitted harvey weinstein of the most serious charges of predatory sex assault and first-degree rape. the defense is now saying they will appeal all of it. the ruling, as a march 11th sentencing date