Opening arguments are set to begin Wednesday in the New York trial of disgraced film executive Harvey Weinstein. Weinstein is charged with assaulting three women: a former production assistant along with an actress, both of whom testified against Weinstein in his 2020 trial, and an additional woman whose identity has not yet been made public.
He is charged with two counts of criminal sexual act in the first degree, and one count of rape in the third degree.
Weinstein's 2020 New York conviction was overturned by an appeals court last year, which concluded that the jury should not have heard what is known under New York law as "Molineux evidence" — evidence from a number of witnesses alleging sexual misconduct that was not included in the indictment. Manhattan District Attorney Alvin Bragg then announced he would retry Weinstein with additional testimony from a new witness.
This trial is a test, then, of prosecutors' ability to persuade a jury of Weinstein's guilt with three women under oath directly accusing him, instead of the six who testified in the first trial.
Prosecutors are expected to argue that Weinstein exploited his influence in the entertainment business to coerce women into sexual situations against their will. They will likely bolster each woman's individual story with testimony from experts on the psychological effects of sexual assault.
The defense team is expected to seize on any inconsistencies in the three women's accounts. In the 2020 trial, for example, jurors were shown emails from one accuser, Jessica Mann, which could be taken to suggest she had a friendly relationship with Weinstein.
Weinstein was separately convicted of rape and other sex crimes in California in 2022, though he has appealed that conviction as well. If he chooses to take the stand in Manhattan in the coming weeks, he could be asked by prosecutors about his criminal record, but not about the facts of that case.
The #MeToo movement was catalyzed in part by the many women who came forward to accuse Weinstein of misconduct, starting in 2017. Lindsay Goldbrum, a lawyer for the yet-to-be-named witness, said last week that the sheer volume of public accusations against the former producer gives this trial added significance.
"I think it's important that we see justice in this case for all of the women who have come forward against Harvey, not just the ones who have had the opportunity to testify against him," Goldbrum said.
A jury of 12 Manhattanites with six alternates was seated Tuesday after days of questioning from the judge, prosecutors, and Weinstein's defense team. Judge Curtis Farber repeatedly said he wanted a jury that could be fair and impartial, given the huge amount of publicity the case has attracted. Dozens of prospective jurors were dismissed after raising their hands to indicate they felt could not make a fair and objective judgment, because of what they already knew about the case.
Weinstein is suffering from bone marrow cancer, and received emergency heart surgery last year. Last week, a judge granted his motion to remain at Bellevue hospital for the remainder of the trial, rather than on Rikers Island, where he has been held while awaiting trial.
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