
Harvey Weinstein's rape retrial to open with majority-female jury in New York
Opening statements are set for Wednesday in former movie mogul Harvey Weinstein's rape retrial, this time with a majority-female jury deciding the landmark #MeToo case.
After a days-long selection process yielded a seven-woman, five-man jury and five alternate jurors by Monday, prosecutors and Weinstein's lawyers finished choosing a sixth and final alternate on Tuesday. Alternates step in if a member of the main panel can't see the trial through.
The main jury is more female than the five women and seven men who convicted Weinstein at his first trial five years ago. The verdict marked a signature moment for the #MeToo movement against sexual misconduct, which had been fueled in 2017 by a slew of allegations against Weinstein, then a high-flying movie producer of a string of Oscar winners including Pulp Fiction and Shakespeare in Love.
But in a reversal that dismayed #MeToo activists, New York's highest court last year overturned Weinstein's 2020 conviction and 23-year prison sentence. The court found that the original trial judge allowed prejudicial testimony. That judge's term expired in 2022, and he is no longer on the bench.
Weinstein, 73, has pleaded not guilty and denies raping or sexually assaulting anyone.
Drawn from Manhattan's jury pool, the 12 members of the main jury for the New York retrial include a physics researcher, a photographer, a dietitian, a therapist, an investment bank software engineer and a fire safety director. Others have experience in real estate, TV commercials, debt collection, social work and other fields.
One has a high school equivalency degree. Others have master's degrees. Some have served as jurors or grand jurors multiple times before; others, never.
Hundreds of other potential jurors were excused for reasons ranging from language barriers to strong opinions about Weinstein – 'the first word that came in my head was 'pig',' said one man who was soon let go.
Those chosen were quizzed about their backgrounds, life experiences and various other points that could relate to their ability to be fair and impartial about the highly publicized case.
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'You may hear sexual allegations here of a salacious nature – graphic, perhaps. Would hearing that indicate that … Mr Weinstein must be guilty?' defense attorney Mike Cibella asked one prospective juror on Monday. The woman, who ultimately was chosen, answered no.
Prosecutor Shannon Lucey sought assurances that prospective jurors could put aside any position or feelings they had about the #MeToo movement.
'Is there anyone who is going to think of the movement and think: 'OK, that's just something that I have to keep in the back of my mind when I'm deciding this case'? Everyone can put that aside?' Lucey asked a group of 24 possible jurors. All indicated they could do so.
Weinstein's rape and sexual assault retrial involves accusations from three women: an aspiring actor who said he raped her in 2013, and two women who made separate allegations of forced oral sex in 2006. One of the two wasn't part of the original trial.
Meanwhile, Weinstein is challenging a separate 2022 rape conviction in Los Angeles.

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The Independent
3 hours ago
- The Independent
Weinstein jury set to keep deliberating after tensions spill into public
Jurors in Harvey Weinsteinn 'ssex crimes retrial appear to be moving past some interpersonal tensions and focusing on one of his three accusers as deliberations stretch into a fourth day Tuesday. At the end of Monday's session, jurors requested to start off Tuesday with electronic copies of emails and other evidence pertaining to Jessica Mann — the accuser with arguably the most complex history with Weinstein. During days of testimony, Mann said the Oscar-winning movie producer raped her in 2013 amid a consensual relationship that continued for years afterward. Weinstein's lawyers emphasized that she kept seeing him, accepting invitations and sending warm messages to him. Mann said she 'compartmentalized' the pain he caused her. Weinstein, 73, has pleaded not guilty to all the charges in the case. In addition to the rape charge, he's accused of sexually assaulting two other women, Mimi Haley and Kaja Sokola. Weinstein didn't testify during the current trial, but maintained through his attorneys that he had completely consensual encounters with his accusers, who wanted his help building show business careers. Weinstein was one of the movie industry's most powerful figures until a series of sexual misconduct allegations against him became public in 2017, fueling the #MeToo movement and eventually leading to criminal charges. The jury is made up of seven women and five men. Their closed-door discussions began Thursday and apparently have been fractious at times. One juror asked Friday to be excused because he felt one member of the group was being treated unfairly. Monday began with two jurors giving contrasting takes on the atmosphere in the deliberation room. First, the foreperson complained to the judge, prosecutors and defense lawyers that some jurors were 'pushing" others to change their minds, talking about Weinstein's past and going beyond the charges. The foreperson didn't specify what was said. Trial evidence has included some testimony about allegations outside the scope of the current charges, such as mentions of the groundswell of claims against the ex-studio boss in 2017. Another juror soon asked to speak to the court. In her estimation, things were 'going well' and jurors were 'making headway.' By the end of Monday, the jury as a whole said in a note that it was 'making good progress.' Weinstein originally was convicted in New York in 2020 of raping Mann and forcing oral sex on Haley. Sokola's allegation was added last year, after New York state's highest court overturned the 2020 conviction and sent the case back for retrial. Meanwhile, Weinstein is appealing a 2022 rape conviction in Los Angeles. The Associated Press generally does not identify people without their permission if they say they have been sexually assaulted. Sokola, Mann and Haley have agreed to be named.


BBC News
9 hours ago
- BBC News
Jurors in Harvey Weinstein trial reportedly fighting among themselves
The New York jury deciding whether to convict disgraced film mogul Harvey Weinstein of sex crimes appears divided, with some jurors reportedly launching verbal attacks against each other and also considering information not brought up in the recent male and seven female jurors have deliberated for three days over whether to find Weinstein guilty of rape and criminal sex acts. His 2020 conviction was thrown out last morning in court began with a note from the foreperson that read: "I need to talk to you about a situation which isn't very good."Weinstein's lawyers then filed for a mistrial, which the judge denied, and details emerged about the unfolding drama. After discussions with attorneys on Monday, Judge Curtis Farber later called the jury's foreperson back to the court's robing room to discuss the issue. The foreperson told him that, even though juries are only supposed to consider evidence and testimony presented during the trial, some jurors were trying to convince others of their point of view by bringing up parts of Weinstein's public history, according to a court transcript. "They are pushing people, talking about his past," the foreperson said. Jurors were "not on the same page" and some were "attacking" others, trying to change their minds, the foreperson added, according to the transcript. Judge Farber said he would give jurors a new instruction telling them that their deliberations relate only "to the three crimes". "That is the only thing that it can be used for in their deliberations, only the evidence introduced at this trial," he told the attorneys, according to the transcript. Weinstein was convicted of sex crimes in New York in 2020. The case was overturned last year when an appeals court found the 73-year-old did not receive a fair trial because a judge allowed testimony from women who made allegations against him beyond the charges at hand. Prosecutors then filed sexual assault charges again in September. The appeals ruling hung over the retrial, making the court extremely cautious about allowing allegations against Weinstein from outside the realm of the case. The drama comes after one juror told the judge last week that others had been speaking badly outside the courthouse about a fellow juror, and that they had "shunned" the person. "It's playground stuff," he said. The young man asked to be dismissed because he did not think deliberations were "fair and just", but the judge kept him on the jury also sent a note Monday morning asking Judge Farber to reread the concept of reasonable doubt and rules of deliberation "especially in terms of avoiding a hung jury". Typically in New York, if a jury in a criminal trial is not able to reach a unanimous verdict - as is required to convict or acquit the defendant - the judge may give them an Allen charge, an instruction to go back to deliberations to try once again to reach a verdict. Eventually, a hung jury can result in a mistrial. The jurors left at the end of Monday without a verdict, but sent a note saying they were "making progress", and requesting to revisit some evidence and be given "coffee for the morning for energy".The trial centred on three women - a former television production assistant, an aspiring actress, and a model - who accused Weinstein of using his power in Hollywood to sexually abuse total, Weinstein has been accused of sexual misconduct, assault and rape by more than 100 women. While not all reports resulted in criminal charges, a separate sex crimes conviction for Weinstein in California means he is likely to spend the rest of his life in decision by his accusers to come forward, and his subsequent conviction in New York, galvanised the #MeToo movement against sex abuse by powerful men.


Telegraph
12 hours ago
- Telegraph
‘Something going on in jury room' at Weinstein trial, judge told
Jurors in Harvey Weinstein's MeToo retrial appeared far apart on a verdict as they returned to court on Monday for a third day of deliberations. The jury asked to be reminded of the definition of reasonable doubt and rules about avoiding a hung jury, and the foreperson sent a note saying he wanted to speak to the judge 'about a situation that isn't very good'. The foreperson told Judge Curtis Farber that he was concerned about 'something going on in the jury room'. He was then taken behind closed doors to discuss the matter with Mr Farber, prosecutors and the defence team. Weinstein waived his right to be present for that conversation, which was held in Mr Farber's robing room, outside the view of reporters and the public. It was not immediately clear what the foreperson said. Mr Farber has yet to give jurors the instructions they wanted reread to them. Juror asked to be removed After the closed-door conversation, Weinstein's lawyers returned to the courtroom and huddled around the court stenographer's machine, jotting down notes while Mr Farber heard another, unrelated case. The jury of seven women and five men began weighing charges against the former movie mogul on Thursday. Weinstein, 73, has pleaded not guilty to two counts of committing a criminal sex act and one count of rape. On Friday, a Weinstein juror asked to be removed from the case, saying he felt other jurors were treating one member of the panel in an 'unfair and unjust' way. The judge told him he had to keep deliberating and also denied a defence request for a mistrial over the issue. Weinstein was originally convicted in New York in 2020 of one count of rape and one count of sexual assault in a verdict considered a landmark in the MeToo movement. But the conviction was subsequently overturned, leading to his retrial – with an additional accuser added last year – before a new jury and a different judge. Weinstein was also convicted in Los Angeles in 2022 of another rape. After the 2020 conviction was thrown out, Alvin Bragg, the Manhattan district attorney, opted to charge Weinstein again almost immediately, eventually bringing two counts of first-degree criminal sexual act and one count of third-degree rape against him. Weinstein denies the charges, alleging the sexual encounters were consensual. His lawyer Arthur Aidala said the Oscar-winning producer had 'mutually beneficial' relationships with his accusers, who ended up with auditions and other show business opportunities.