NEW YORK (CBSNewYork) — The defense has rested its case in Harvey Weinstein’s rape trial, without him testifying.

Weinstein claims he wanted to take the stand, but his lawyers convinced him otherwise, CBS2’s Alice Gainer reports.

“He did not have to do that because the evidence presented in this case was anemic at best,” defense attorney Arthur Aidala said.

Web ExtraRead the indictment against Weinstein (pdf)

The defense rested its case Tuesday after calling one last witness, Thomas Richards Lozano.

The talent agent, a friend of accuser Jessica Mann, was with her on a trip to New York City back in 2013 when Mann claims Weinstein raped her in a hotel room. She previously testified that she never told Lozano or her friend Talita Maia, who was with them, about the rape during the trip because she was embarrassed.

Lozano said he was at breakfast with Mann and Weinstein in the hotel lobby the morning after the alleged rape.

He was asked, “What was the dynamic between Mr. Weinstein and Jessica Mann?” His answer: “Friendly.”

He also said that she did not appear to be in distress and that “Harvey invited her at the table to stay an extra night.”

Harvey Weinstein arrives at New York City criminal court for his sex crimes trial on January 7, 2020. (credit: Stephanie Keith/Getty Images)

Weinstein’s walker has come up the past couple of days.

On Monday, the defense asked if the doctor who performed Weinstein’s back surgery could testify about why he uses it, but that was denied.

On Tuesday, the prosecution also wanted to be able to mention the walker to note that his physical appearance has changed significantly since the alleged assaults, saying, “That is not the man these witnesses saw.”

The judge said, “Leave the walker out of it.”

When asked if it was a prop, Weinstein laughed and said, “I’ll have a race with you.”

The 67-year-old is charged with raping Mann and sexually assaulting another woman in 2006. Other accusers testified as witnesses as part of a prosecution’s effort to show he’s a serial predator. Weinstein maintains any sexual encounters were consensual.

Court is closed for the holiday Wednesday. Closing arguments are scheduled to begin Thursday. The judge says the jury should have the case next week.

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