Opening statements begin Wednesday in the new trial of former film producer Harvey Weinstein in New York. He is facing charges related to alleged sexual assaults involving three women: a former production assistant, an actress (both of whom testified in his 2020 trial), and another woman whose identity remains undisclosed.
The charges include two counts of criminal sexual act in the first degree and one count of rape in the third degree.
This retrial comes after Weinstein’s 2020 conviction was overturned by an appeals court. The court ruled that the jury should not have been exposed to testimony from individuals not named in the official charges. Prosecutors later announced they would retry the case, now including testimony from an additional witness.
The current proceedings will test whether prosecutors can secure a conviction based solely on the testimony of the three accusers. They are expected to argue that Weinstein used his influence in the entertainment industry to pressure women into non-consensual sexual encounters, possibly supported by expert testimony on the psychological effects of sexual assault.
The defense is likely to focus on inconsistencies in the women’s accounts. During the 2020 trial, for instance, emails were presented suggesting one accuser maintained a seemingly friendly relationship with Weinstein.
Weinstein was also convicted of similar charges in California in 2022, a case he is currently appealing. If he chooses to testify in the New York trial, prosecutors may refer to his criminal record but not to the specific details of the California case.
The case has attracted significant public interest, in part due to the number of accusations made against Weinstein since 2017. An attorney involved in the case commented that the volume of public allegations gives this trial added weight.
The jury of 12, along with six alternates, was finalized on Tuesday after extensive questioning by the judge, prosecutors, and the defense team. Several potential jurors were dismissed after expressing doubts about their ability to remain impartial, given the widespread media coverage.
Weinstein is currently undergoing medical treatment. He has bone marrow cancer and undergoes emergency heart surgery last year. The court has permitted him to remain at a hospital during the trial, rather than being held at Rikers Island, where he had been awaiting trial.
