After years of #MeToo infamy, legal peril and prison, Harvey Weinstein is again going on trial on a rape charge in New York City.
Jury selection started Tuesday in the onetime movie mogul’s latest retrial, where jurors will weigh — for the third time — whether he raped hairstylist and actor Jessica Mann in a Manhattan hotel in 2013.
It’s a more streamlined proceeding than the array of allegations that were aired at Weinstein’s previous trials in New York and Los Angeles. The Oscar-winning producer denies all the accusations and declared in court this winter that he had “acted wrongly, but I never assaulted anyone.”
Still, the retrial is expected to last up to six weeks. Questioned about the length of the proceeding and whether they could be fair and impartial about the much-publicized case, more than 80 prospective jurors asked to be excused during initial screening Tuesday morning.
About 60 others remained for further questioning in the afternoon.
A surprise move from prosecutors
While Mann’s accusation may be familiar, specifics of the case may differ. In a surprise move before jury selection began Tuesday, prosecutors suggested they might seek to introduce a new piece of evidence — a remark that Weinstein allegedly made to a court officer six years ago.
According to Manhattan Assistant District Attorney Candace White, the officer told prosecutors last week that he was on hand for Weinstein’s February 2020 sexual assault conviction — which was later overturned — and heard Weinstein say: “If you had seen these girls, you would have done the exact same thing.”
Weinstein’s lawyers urged Judge Curtis Farber to keep any mention of the supposed remark out of his upcoming retrial.
“This sounds far-fetched,” defense attorney Marc Agnifilo said, adding that “it’s just too late” to introduce it.
A subject that was explored in prior trials — a claims fund for women who said Weinstein sexually mistreated them — likely won’t come up again. The defense team doesn’t intend to raise the subject, Farber said.
A new defense team
Agnifilo and his partners took on the case in February, when longtime Weinstein lawyer Arthur Aidala stepped aside from the retrial to focus on the former studio boss’ appeals and civil matters. Both Aidala and Agnifilo are well-known New York defense attorneys, but their litigation styles differ. Aidala is folksy, while Agnifilo is more buttoned-up.
Weinstein wielded significant clout in the entertainment industry, having built his reputation on such critical and popular hits as “Shakespeare in Love,” “Pulp Fiction” and “Chocolat.” He also became a prominent Democratic donor.
Then a series of sexual harassment and sex assault allegations against Weinstein began to emerge in news media in 2017, propelling the #MeToo movement.
He was criminally charged in New York in 2018 and in Los Angeles two years later.
A tangled series of trials
Weinstein went to trial and was convicted of some — but not all — counts in both cases. His initial New York convictions were overturned, spurring a retrial last year.
The retrial verdict was mixed: Weinstein was convicted of forcing oral sex on production assistant and producer Miriam Haley in 2006, but he was acquitted of forcibly performing oral sex on model-turned-psychotherapist Kaja Sokola. The jury didn’t decide on the rape charge involving Mann because the foreperson refused to keep deliberating.
Mann has testified that she had a consensual, on-and-off relationship with the then-married Weinstein. But when he cornered her in a Manhattan hotel room where she was staying on a weekend getaway, she protested, “I don’t want to do this,” she told jurors. She said he kept making advances and demands until she “just gave up.”
Weinstein hasn’t testified at any of his trials, but his lawyers have contended that he never had non-consensual sex. The defense claimed that his accusers willingly entertained his sexual overtures because they wanted his help in show business.
The women said Weinstein dangled his Hollywood influence to draw them into his orbit and then victimize them.
He’s appealing the Los Angeles verdict and is expected to appeal the New York conviction involving Haley. It carries the potential for up to 25 years in prison; no sentencing date has been set.
In this case, the rape charge is a lower-level felony punishable by up to four years behind bars. Weinstein, 73, already has served longer than that.
Weinstein has various health problems and uses a wheelchair. He told the judge in January that his “mental state is collapsing” in New York’s notorious Rikers Island jail.
The Associated Press generally does not identify people without their permission if they say they have been sexually assaulted. Haley, Mann and Sokola agreed to be named.
