Harvey Weinstein’s retrial began Tuesday with jury choice in New York Metropolis. The 73-year-old has been in jail at Rikers Island since his rape conviction was overturned final 12 months.
The disgraced Hollywood mogul is now being retried on two allegations from 2013 and 2006, together with new fees from a 3rd accuser.
An legal professional for that lady, who has not but been recognized, spoke earlier than courtroom started.
“This was not consensual. This was sexual assault with drive. Her story shouldn’t be mine to inform, however she’s going to inform it on the witness stand when the time comes,” legal professional Lindsay Goldbrum mentioned.
Weinstein has pleaded not responsible and maintains all sexual encounters had been consensual.
“We’ll do the most effective we will to ensure than anybody who’s going to take a seat on the jury doesn’t have any preconceived notions or predisposed concepts of what a verdict must be, and that they solely base their verdict on the proof they are going to hear,” Weinstein’s legal professional Arthur Aidala mentioned.
Weinstein appeared in courtroom earlier than jury choice started sporting a blue swimsuit and blue tie and carrying a guide, as he has for many of his hearings.
Potential jurors had been requested whether or not widespread information protection in regards to the case and the character of the allegations – prison intercourse act and rape – meant that they might not be truthful and neutral. They had been additionally requested about scheduling issues. Many had been dismissed.
“I do not see how anybody could be neutral,” one one who was dismissed from the jury pool instructed reporters afterward.
When the second panel of potential jurors was sworn in and the identify of the case was learn aloud, a shocked lady within the again row dropped her mouth open for just a few seconds and whispered “wow.”
Sitting behind the protection desk in courtroom was a jury advisor who has labored with attorneys for defendant liks O.J. Simpson and, most just lately, Daniel Penny.
Weinstein is accused of raping an aspiring actor in a Manhattan resort room in 2013 and performing a prison intercourse act by forcing oral intercourse on a manufacturing assistant in 2006.
He’s additionally charged with one rely of a prison intercourse act based mostly on an allegation from one other lady who was not part of the unique trial. That lady, who has not been named publicly, alleges Weinstein compelled oral intercourse on her at a Manhattan resort in 2006.
At his first trial, Weinstein confronted testimony from six ladies — three whose allegations shaped the premise of the fees, and three extra to lend credibility and set up a sample of misconduct.
Final April, the New York Courtroom of Appeals dominated the extra witnesses biased the case, and his 2020 conviction was overturned.
This time, prosecutors will solely be calling three accusers to the stand.
Weinstein has been in metropolis custody at Rikers Island for almost a 12 months and has repeatedly complained in regards to the situations.
At a courtroom listening to earlier this 12 months, he begged the decide to hurry up his trial, saying he needed “get out of this hellhole as rapidly as potential.” His legal professional says he has most cancers and a variety of different well being points.
“On daily basis I am at Rikers, it is a thriller to me how I am nonetheless strolling,” Weinstein mentioned in January. “I am holding on as a result of I would like justice for myself and I would like this to be over with.”
The retrial is predicted to final 5 to 6 weeks. The decide put aside no less than 4 days for jury choice, with opening statements anticipated to start subsequent week.
The decide, prosecution and protection will now work to whittle a large pool of potential jurors all the way down to 18 folks — 12 jurors and 6 alternates.
Even when Weinstein is acquitted, he wouldn’t stroll free. He’s nonetheless serving a 16-year-old jail sentence for a 2022 rape conviction in Los Angeles – which he’s additionally interesting.
Weinstein’s preliminary conviction was a watershed second for the #MeToo motion. 5 years later, his retrial in the identical Manhattan courtroom shall be a serious take a look at for the enduring energy of the motion that ushered in a wave of sexual misconduct claims in Hollywood and past.
Aidala says he’s wanting ahead to a fairer trial in a distinct local weather than the primary, which drew intense media consideration and protesters chanting “rapist” outdoors the courthouse.
Alice Gainer
contributed to this report.