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WARNING: This article may affect those who have experienced​ ​​​sexual violence or know someone affected by it.
Five years after Harvey Weinstein’s first trial ignited a significant reckoning in Hollywood, he finds himself back in court following an appeals court decision that overturned his previous rape conviction.
The retrial is set to begin with opening statements on Wednesday and is projected to last up to six weeks.
Taking place at the same Manhattan courthouse as before, the new trial will see the return of two accusers from the initial proceedings.
However, this retrial is unfolding in a different societal context compared to the 2017 #MeToo movement’s peak. In addition to the existing charges being retried, Weinstein faces a new allegation from a woman not included in the original trial.
The jury will consist of seven women and five men, differing from the previous 2020 jury makeup, and a different judge is overseeing the case.
Since Weinstein’s first trial, the #MeToo movement has shifted, changing the public and legal environment surrounding such cases.
Weinstein is seen in court during ongoing jury selection for his retrial in Manhattan. (David Dee Delgado/The Associated Press)
Protests and vocal demonstrations marked Weinstein’s initial trial, with supporters and activists creating a charged atmosphere outside the courthouse.
However, the recent jury selection occurred without the intense media frenzy that characterized the previous proceedings.
The recent court developments, including last year’s ruling by the New York Court of Appeals, which threw out his 2020 conviction and 23-year prison sentence, have influenced his legal strategy significantly. The court determined that the judge had improperly permitted testimony concerning allegations not formally charged against Weinstein.
Legal Repercussions of Old and New Allegations
Weinstein, now 73, is facing a criminal sex act charge where he allegedly forced oral sex on production assistant Miriam Haley in 2006, along with a charge for third-degree rape related to an incident with actor Jessica Mann in 2013.
An additional allegation involves a different woman who alleged Weinstein compelled her to perform oral sex at a Manhattan hotel in 2006. Although this woman was not part of the original trial, her allegations, brought forward shortly before the first trial, have resurfaced in light of the recent conviction reversal.
Due to privacy considerations, the Associated Press usually refrains from revealing identities of sexual assault survivors unless they choose to disclose their names; both Haley and Mann have opted to be named.
Weinstein has maintained his innocence, denying all charges of rape or sexual assault. His previous acquittals on two significant charges from the 2020 trial, namely predatory sexual assault and first-degree rape, remain in place.
Lindsay Goldbrum, legal counsel for the unnamed accuser, expressed that Weinstein’s retrial represents a critical juncture for accountability in sexual abuse cases, offering hope to survivors that speaking out is worthwhile despite daunting odds.
Weinstein is photographed arriving at the Manhattan courthouse as jury deliberations were in progress during his 2020 trial, which marked a monumental point for the #MeToo initiative. (John Minchillo/The Associated Press)
This time, the Manhattan district attorney’s office is conducting the prosecution through its specialized division that focuses on victim crimes, a change from the previous trial led by more seasoned homicide attorneys.
Simultaneously, Weinstein has expanded his defense team, now including notable attorneys like Jennifer Bonjean, who has previously contributed to high-profile cases involving celebrities such as Bill Cosby and R. Kelly.
Leading the defense team, Arthur Aidala emphasized that this trial will concentrate on the specific facts rather than the broader implications of the #MeToo movement. He stated, “This trial is not going to be all about #MeToo. It’s going to be about the facts of what took place, and that’s a significant aspect of this trial.”
Nevertheless, discussions surrounding the #MeToo movement have already emerged. During jury selection, prosecutors inquired if potential jurors were familiar with the movement; most indicated they were, asserting it would not influence their judgment.
Some jurors expressed more nuanced views, noting the need for further progress due to shortcomings they perceive in the #MeToo movement. Others shared reservations stemming from experiences with false accusations.
One juror reflected on societal movements, stating, “It’s like a pendulum. It swings too far one way, then back, eventually finding equilibrium.”
None of these potential jurors were selected for the jury.
If you’re in immediate danger or fear for your safety or that of others around you, please call 911. For support in your area, you can seek crisis lines and local services via the Ending Violence Association of Canada database.
Source
www.cbc.ca