The retrial of Harvey Weinstein, whose prosecution and conviction for rape and sex assault ignited the “MeToo” movement, kicks off in New York on Tuesday.
The disgraced movie mogul’s 2017 conviction by a jury was overturned seven years later by an appeals court that ruled the way witnesses were handled in the original trial was unlawful.
The voiding of the jury’s verdict by the New York Court of Appeals was a setback to the movement against sexual violence and the promotion of justice for survivors.
Former Miramax studio boss Weinstein will be in the dock for the sexual assault of former production assistant Mimi Haleyi in 2006, the rape of aspiring actress Jessica Mann in 2013, and a new count for an alleged sexual assault in 2006 at a hotel in Manhattan.
The trial, expected to last up to six weeks in a Manhattan criminal court, begins Tuesday with jury selection, which could take five days, according to Judge Curtis Farber.
Weinstein, 73, hopes the case will be judged with “fresh eyes,” more than seven years after investigations by the New York Times and the New Yorker led to his spectacular downfall and a global backlash against predatory abusers.
Weinstein is serving a 16-year prison sentence after being convicted on separate rape charges in California in 2023 for raping and assaulting a European actor a decade prior.
‘Seeking justice’
The producer of a string of box office hits like “Sex, Lies and Videotape,” “Pulp Fiction” and “Shakespeare in Love,” Weinstein has appeared frail and gaunt at recent courtroom hearings ahead of the trial.
“It’ll be very, very different because of the attitude of New York City, New York State and, I think, the overall country,” said his lawyer Arthur Aidala.
“Five years ago, when you guys were here, there were protests. There were people chanting: ‘Fry Harvey, he’s a rapist’… I think that, overall, has died down,” he said, adding that he hoped jurors would try the case on its merits.
Weinstein has never acknowledged any wrongdoing and has always maintained that the encounters were consensual.
Accusers describe the movie mogul as a predator who used his perch atop the cinema industry to pressure actresses and assistants for sexual favors, often in hotel rooms.
Since his downfall, Weinstein has been accused of harassment, sexual assault or rape by more than 80 women, including actors Angelina Jolie, Gwyneth Paltrow and Ashley Judd.
In 2020, a jury of New Yorkers found Weinstein guilty of two out of five charges — the sexual assault of Mimi Haleyi and the rape of Jessica Mann.
But the conviction and the 23-year prison sentence were overturned in April 2024.
In a hotly debated four-to-three decision, New York’s appeals court ruled that jurors should not have heard testimonies of victims about sexual assaults for which Harvey Weinstein was not indicted.
“It really reflects the challenges that survivors face in seeking justice for sexual assault,” said Laura Palumbo of the National Sexual Violence Resource Center.
The three survivors of Weinstein’s alleged crimes are expected to testify once again.
