TRIGGER WARNING: Article contains references to rape and abuse.After years of #MeToo infamy, legal jeopardy and jail time, Harvey Weinstein is set to go on trial again on rape charges in New York.Jury selection began Tuesday in the onetime movie mogul’s final trial, where jurors will consider – for the third time – whether he raped hairstylist and actress Jessica Mann in 2013 at a Manhattan hotel.The proceedings are lighter than the series of charges that were brought up in Weinstein’s previous trials in New York and Los Angeles. The Oscar-winning producer denies all accusations and stated in court that he “behaved badly, but I never attacked anyone”.However, the retrial is expected to last six weeks. Asked about the length of the proceedings and whether they could be fair and impartial in the much-publicized case, more than 80 potential jurors pleaded at the opening screening Tuesday morning. About 60 more remained for further questioning in the evening.
The surprise of the prosecutors
While Mann’s allegation may sound familiar, the specifics of the case may differ. In a surprise move before jury selection began on Tuesday, he suggested that prosecutors may present a new piece of evidence — a remark Weinstein allegedly made to a court official six years ago. According to Manhattan Assistant District Attorney Candace White, the officer told them last week that he was ready for Weinstein’s February 2020 sexual assault conviction – which was later overturned – and told Weinstein, “If you had seen these girls, you would have done the same thing.”Weinstein’s lawyers asked Judge Curtis Farber to exclude any mention of the alleged remarks at his upcoming trial.“This seems far-fetched,” said defense attorney Marc Agnifilo, adding that “it’s too late” to file. One issue explored in previous trials — the claims fund of women who said Weinstein sexually abused them — likely won’t come up again. The defense team has no plans to raise the issue, Farbe said.
New defense team
Agnifilo and his colleagues took on the case in February, after Weinstein’s longtime lawyer Arthur Aidala recused himself from the trial to focus on the former studio boss’s appeals and civil matters. 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 played a major role in the entertainment industry, building his reputation on critical and popular hits such as “Shakespeare in Love,” “Pulp Fiction” and “Chocolat.” He also became a prominent Democratic donor.Then a series of sexual harassment and assault allegations against Weinstein began to appear in the media in 2017, fueling the #MeToo movement.He was charged in New York in 2018 and in Los Angeles two years later.
A complicated series of tests
Weinstein went to trial and was convicted of some—but not all—counts in both cases. His initial New York convictions were overturned, prompting a retrial last year.Again the verdict was mixed: in 2006 Weinstein was convicted of forcing oral sex on production assistant and producer Miriam Haley, but acquitted of forcing oral sex on model-turned-psychotherapist Kaja Sokola. The jury did not decide the rape charge involving Mann because the coroner refused to continue deliberations. Mann testified that she had a consensual relationship with Weinstein, who was then married. But when cornered in a Manhattan hotel room where he was staying on a weekend getaway, he protested: “I don’t want to do this,” he told jurors. He said he continued to make advances and demands, “until he gave up.”Weinstein has not testified at his trial, but his lawyers have said he never had non-consensual sex. The defense said her accusers willingly entertained her sexual comments because they wanted her help in show business. The women said Weinstein used his Hollywood influence to lure her into his orbit and then victimize her.He has appealed the Los Angeles ruling and is expected to appeal the New York conviction against Haley. He has the possibility of imprisonment for up to 25 years; no sentencing date has been set.In this case, the rape charge is a lower-level felony punishable by up to four years. Weinstein, 73, has already served more than that.Weinstein has a number of health problems and uses a wheelchair. He told the judge in January that his “mental state is collapsing” at New York’s notorious Rikers Island prison.The Associated Press generally does not identify people who say they have been sexually assaulted without their consent. They agreed to nominate Haley, Mann and Sokola.DISCLAIMER: If you or someone you know is struggling with abuse, get help. A number of helplines and support resources are available.
