Jury Selection for Harvey Weinstein’s Retrial Is Already Proving Difficult

On Tuesday, Harvey Weinstein’s retrial in his New York rape case started with jury selection. The proceedings marked a return to the same courthouse to the same courthouse that saw him tried, convicted, and sentenced to 23 years in prison in March 2020 for sexually assaulting two women in a case that had become a pivotal moment for the Me Too movement. Weinstein appeared to be in good spirits moments before prospective jurors filed into the courtroom, smiling at members of his legal team in the front row as he was wheeled into the well. Weinstein wore a blue suit and tie and, as per usual, took a book to court — his lawyer said it was Nobody’s Fool, the latest thriller from Netflix-favorite Harlan Coben. 

Prospective jurors were ushered into the courtroom around 11:18 a.m.. Court officers guided them to seats on benches, instructing them to silence their cell phones. “I want it controlled, nice and slow,” one officer told jurors as they walked down the aisle. Judge Curtis Farber told potential panelists that the trial would likely wrap in late May — but warned that it could extend into early June. He then asked them whether any had personal or business reasons that would prevent them from serving fairly and then whether the nature of the charge — sex crimes — would be similarly problematic for them. Several dozen raised their hands. Those who raised their hands were directed to line up near the courtroom wall; many were dismissed. The potential jurors who were not dismissed right away were led out of the courtroom to make room for another round of would-be jurors.

Several dismissed jurors were open about why they couldn’t serve fairly. Mark Axelowitz, an actor who plays the Manhattan district attorney in Robert DeNiro’s new movie Alto Knights, told a pool reporter, “I don’t like the guy; he is a really bad guy.” One woman said she was the victim of sexual assault. A restaurant maître’d explained, “I don’t see how anyone can be impartial.” When the second group was called in, it became even more apparent that selecting a jury would be a slow-moving process. When the name of the case was announced, a woman in the back row remarked “wow,” her mouth opening in surprise. Dozens of people in this second group raised their hands to indicate that they could not serve on this trial.

Weinstein’s first trial unfolded soon after multiple allegations had surfaced against Weinstein in late 2017, and the guilty verdict appeared to presage a new era for sexual-assault accusers. Although men like Weinstein had long been insulated from accountability owing to their power and wealth, the legal outcome suggested survivors would now be protected — not their abusers.

Weinstein’s case further laid the cultural groundwork for prosecutions of other high-profile men accused of grave sexual misconduct, such as R. Kelly, Danny Masterson, Jeffrey Epstein, and Sean “Diddy” Combs. But despite Weinstein’s conviction at a separate rape trial in Los Angeles, he was able to successfully appeal his New York verdict, claiming the prosecutors’ strategy — eliciting testimony from other accusers about assaults for which he was not charged — had dealt him an unfair hand in court. Manhattan District Attorney Alvin Bragg’s office decided it would retry Weinstein, leading to this week’s proceedings. The defendant has pleaded not guilty to the charges. Here’s what you need to remember about Weinstein’s original sentence and what to know for his retrial.

What is Harvey Weinstein being tried for?

Weinstein is being tried on a total of three counts: two of a criminal sexual act in the first degree and one of rape in the third degree. The counts relate to alleged attacks on three women. Two of the women, Mimi Haleyi and Jessica Mann, were accusers in Weinstein’s first trial. He was found guilty of sexually assaulting both of them. One of the criminal-sexual-act counts involves a woman who did not testify at his first trial and whose identity has not been publicly disclosed. Weinstein is accused of sexually assaulting her at a downtown Manhattan hotel on one occasion in spring 2006. Prosecutors accuse Weinstein of forcibly performing oral sex on her.

How is this different from Weinstein’s first New York trial?

Weinstein was then facing five counts involving three accusers. Mann, who had been an aspiring actress, told jurors Weinstein had raped her at a Midtown East hotel around early 2013. Haleyi testified that Weinstein had forcibly performed oral sex on her at his Soho apartment in the summer of 2006. The criminal-sexual-act and rape charges related to their respective allegations.

Weinstein also faced two predatory-sexual-assault counts involving actress Annabella Sciorra, who told jurors Weinstein had raped her around late 1993. Weinstein was found not guilty of the two predatory-sexual-assault counts and acquitted of first-degree rape. He will not be retried on those counts.

Why was Weinstein’s 2020 conviction thrown out?

On April 25, 2024, New York State’s highest court ruled Weinstein’s initial trial was unfair because women whom he was not charged with attacking also took the stand. “The remedy for these egregious errors is a new trial,” the court said in its 4-3 decision. “Defendant was convicted by a jury for various sexual crimes against three named complainants and, on appeal, claims that he was judged, not on the conduct for which he was indicted but on irrelevant, prejudicial, and untested allegations of prior bad acts,” the majority of judges said. “We conclude that the trial court erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes because that testimony served no material non-propensity purpose.” In making this decision, the court sided with Weinstein’s legal team. Lead defense attorney Arthur Aidala had claimed their testimony made his client seem so boorish that jurors were all but certain to vote guilty. “It was his character that was on trial — it wasn’t the evidence that was on trial,” Aidala argued.

Who were the other women included in the first trial?

The three other accusers who testified were Dawn Dunning, Tarale Wulff, and Lauren Young. Dunning alleged Weinstein had touched her genitals without her consent at a business meeting and later proposed she could get movie roles in exchange for a “threesome.” Wulff told jurors Weinstein had masturbated in front of her at work and later raped her at his apartment. Young claimed Weinstein had trapped her in a bathroom, grabbed her breast, and masturbated in front of her around early 2013. None of them will be testifying at Weinstein’s New York retrial.

When the verdict was overturned, Weinstein’s accusers and their representatives spoke out against the court’s decision. Douglas Wigdor, who at the time represented eight Weinstein accusers, called the decision a “major step back in holding those accountable for acts of sexual violence.”
“Courts routinely admit evidence of other uncharged acts where they assist juries in understanding issues concerning the intent, modus operandi or scheme of the defendant,” Wigdor said in a statement. “The jury was instructed on the relevance of this testimony, and overturning the verdict is tragic in that it will require the victims to endure yet another trial.”

What do we know about the new Jane Doe accuser?

As of April 15, the third accuser in this trial is known to the public only as Jane Doe, but her attorney, Lindsay Goldbrum, told reporters that Jane Doe’s name will be used during the trial.

Speaking outside the courthouse on the first day of jury selection, Goldbrum, of the firm Outten & Golden, described the long process as justice “delayed.” She expressed optimism about the retrial, saying prosecutors “are going to ensure that Weinstein is held accountable for his heinous crimes against women.”

“You’ll hear from some of the same women who testified five years ago against Weinstein, but you’re also going to hear from a new woman: my client, Jane Doe, who is identified as Complaining Witness No. 3. Harvey Weinstein was indicted for criminal sexual act in the first degree for sexually assaulting my client in a Manhattan hotel room in spring of 2006. As she has told me her experience, and again told the DA her experiences, one thing has been crystal clear: that this was not consensual. This was sexual assault with force. Her story is not mine to tell, but she will tell it on the witness stand when the time comes,” Goldbrum said.

Will Weinstein get out of jail?

Even if Weinstein were to be acquitted in this retrial, he would not go free anytime soon. He has been jailed since the guilty verdict came down and was sentenced to 16 years behind bars in his L.A. rape trial. Weinstein is appealing that conviction, but the likelihood of that appeal being successful could depend on his retrial verdict. Yes, there is a universe in which that could happen, but the chances of the existence of said universe are very, very, very slim.

So it sounds as if Weinstein could stay in jail — how is that going for him?

Since day one of his incarceration, he has claimed inadequate medical treatment for a litany of health woes. Weinstein has been reeling from numerous maladies, including heart problems and leukemia, in his half-decade behind bars. In early January 2025, Weinstein asked judge Curtis Farber to move up the date of his retrial, claiming in a meandering courtroom entreaty that he “can’t hold on anymore.”

“Every day I’m on Rikers Island, it’s a mystery to me how I’m still walking,” Weinstein said. “I’m gasping for air. I know I’m headed toward Bellevue [Hospital] any day now, and I can’t wait this long.” Weinstein told the court he was “holding on” in order to get justice for himself. “I’m not talking, like, ‘Oh, I’m the only one who’s suffering over there.’ There are so many people suffering at Rikers Island, so many of the people I’m with in prison going through similar problems,” Weinstein said, recognizing that he has the privilege of setting forth concerns about jailhouse medical care while others of the incarcerated don’t have the same “mouthpiece” for advocacy. “I speak for all of them when I tell you this is a medieval situation.”

How long will the retrial take?

The retrial officially kicks off with jury selection on April 15 and is expected to last about four or five days. Opening statements are likely to start the week of April 21. Prosecutors said their case will run for approximately four to six weeks.

What has Weinstein said about the retrial?

When asked for comment, a rep for Weinstein told Vulture, “Harvey looks forward to a swift and fair trial that will finally bring an end to this prolonged cycle of litigation, accusations, and media-driven narratives. He is confident that the evidence and testimony from the complainants will make clear his innocence of the charges.”