Harvey Weinstein's Retrial for Rape and Sexual Assault Begins in New York After Court of Appeals Overturns 2020 Conviction
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Harvey Weinstein, the former film producer whose conviction for rape and sexual assault was overturned by New York's highest court, the Court of Appeals, is set to be retried. The retrial, which begins with jury selection on Tuesday, follows the Court of Appeals' decision that improper rulings and prejudicial testimony tainted his original 2020 trial, which resulted in a 23-year prison sentence.
Weinstein, 73, has pleaded not guilty and denies the allegations against him. He faces two charges from his original trial: the rape of an aspiring actor in a Manhattan hotel room in 2013 and a criminal sex act involving a movie and TV production assistant in 2006. Additionally, he is charged with one count of criminal sex act based on an allegation from a woman who was not part of the original trial. The retrial comes at a time when Weinstein is dealing with health issues, regularly entering and exiting the hospital due to a variety of health problems, making him more frail than when he was among the most powerful men in the movie business.
Even if acquitted in New York, Weinstein will not be released due to a separate 2022 rape conviction in Los Angeles, for which he is serving a 16-year sentence. His lawyers argue that he needs to be resentenced because the since-vacated New York conviction factored into how his punishment was calculated. In the New York retrial, Judge Curtis Farber has set aside at least four days for jury selection, with opening statements and the start of testimony expected next week. The process involves whittling down a pool of around 80 potential jurors to 18 people, including 12 jurors and six alternates, by asking questions about work, family obligations, and their ability to remain impartial despite the nature of the charges and extensive news coverage. Potential jurors will be questioned in groups of 24 about their education, work, connections to law enforcement, or experiences as a victim of crime, with each side given 40 minutes to probe for potential biases. If too many jurors are dismissed, the process will repeat until a full jury is seated.