Why is Harvey Weinstein getting another trial in New York?
Share and Follow


Harvey Weinstein’s rape trial was a hallmark moment in the #MeToo movement, which encouraged women to speak out about sexual abuse.

NEW YORK — The last time a New York City jury sat in judgment of Harvey Weinstein, the ex-movie studio boss was convicted of rape and sentenced to 23 years in prison.

Five years later, that landmark #MeToo verdict is gone — wiped away on appeal — and Weinstein is set to go on trial again, beginning Tuesday with jury selection.

New York’s highest court, the Court of Appeals, overturned Weinstein’s conviction and ordered a new trial, finding that his original one in 2020 was tainted by improper rulings and prejudicial testimony. That ruling gave Weinstein a second chance to fight the charges, and do so in a different atmosphere than his first trial, which was held in the middle of a global reckoning over sexual misconduct.

Weinstein, who has pleaded not guilty and denies that he raped or sexually assaulted anyone, is older and more frail, in and out of the hospital regularly for a variety of health problems. He’s now far removed from the time when he was among the most powerful men in the movie business.

And even if he is acquitted, he will not walk free.

Weinstein is also appealing a 2022 rape conviction in Los Angeles. His 16-year prison sentence in that case still stands, though his lawyers said he needs to be resentenced because the since-vacated New York conviction was a factor in how his punishment was calculated.

In the New York retrial, Judge Curtis Farber has set aside at least four days for jury selection and expects opening statements and the start of testimony next week.

The judge, prosecution and defense will work to whittle a massive pool of potential jurors down to the 18 people — 12 jurors and six alternates — needed for the trial by asking questions and seeking to eliminate anyone they feel can’t judge the case fairly.

Weinstein, 73, is being retried on two charges from his original trial. He is accused of raping an aspiring actor in a Manhattan hotel room in 2013 and performing a criminal sex act by forcing oral sex on a movie and TV production assistant in 2006. He is also charged with one count of criminal sex act based on an allegation from a woman who was not a part of the original trial. That woman, who has not been named publicly, alleges Weinstein forced oral sex on her at a Manhattan hotel.

Selecting a jury will involve bringing in around 80 potential jurors at a time for two basic screening questions.

First, the judge will ask for a show of hands from anyone who has work, family or other obligations that will prevent them from serving. Then, he’ll ask for a show of hands from anyone who feels they can’t be impartial based on the nature of the charges or news coverage.

Anyone who raises a hand will be sent home, Farber has said.

Those who remain will be seated in or near the jury box, 24 at a time, and asked additional questions about things like their education, work, and whether anyone they know is in law enforcement or has been a victim of a crime.

Prosecutors and Weinstein’s lawyers will then each have 40 minutes to ask questions to each subset of 24 potential jurors. Often, lawyers will use that time to follow up on things raised in earlier questioning or to zero in on concerns about potential biases.

Either side can ask the judge to dismiss a potential juror. If too many jurors are dismissed, another group will be brought in and the process will repeat until the full jury is seated.

Share and Follow
You May Also Like
Former University of Illinois Chicago hospital contractor Glenn Rhymes pleads guilty after showing patient gun in facility lobby

Ex-UIC Hospital Contractor Admits Guilt in Shocking Gun Incident: What Happened in the Lobby?

In a startling incident that unfolded at the University of Illinois Chicago…
Haunting final image of 19-year-old who vanished on Christmas Eve

Chilling Last Photo of Missing 19-Year-Old Sparks Christmas Eve Mystery

Footage from a neighbor’s security camera has recorded the last known moments…
Year-end tax trap if you don't act BEFORE December 31: Expert guide

Avoid the Year-End Tax Trap: Expert Tips to Maximize Savings Before December 31

A unique twist in Donald Trump’s One Big Beautiful Bill Act is…
Virginia vs. Missouri prediction: Odds, picks, best bet for Gator Bowl

Virginia vs. Missouri Gator Bowl Showdown: Expert Predictions, Betting Odds, and Top Picks Revealed

Gambling content 21+. The New York Post may receive an affiliate commission…
Sam Bankman-Fried's ex-girlfriend set to be released from prison EARLY

Sam Bankman-Fried’s Former Partner to Receive Early Prison Release

Caroline Ellison, once romantically linked to disgraced cryptocurrency figure Sam Bankman-Fried, is…
Valencia soccer coach Fernando Martin, his three kids dead after boat sinks in Indonesia

Tragic Loss: Valencia Coach Fernando Martin and Three Children Perish in Indonesian Boat Accident

Tragedy struck Valencia CF as coach Fernando Martin and three members of…
Palisades councilmember blasts city after shocking doc on wildfires

Palisades Councilmember Criticizes City Following Revealing Documentary on Wildfires

An LA City Council member representing the Palisades has voiced concerns that…
Crime lords turn Motor City into car-theft supermarket for Middle East buyers: ‘Somebody's getting paid’

Detroit’s Car Theft Surge: A Lucrative Market for Middle Eastern Buyers

Law enforcement agencies are increasingly concerned over a rise in the smuggling…