NEW YORK — Opening statements are slated to begin on Wednesday in the retrial of former film producer Harvey Weinstein on rape charges, with a predominantly female jury about to deliver a verdict on this landmark #MeToo case.
Following an extensive jury selection process, a panel comprised of seven women and five men was confirmed, accompanied by five alternates, with the sixth and final alternate being selected just this Tuesday. These alternates are critical as they may replace any juror in the event they cannot continue with the trial.
This jury stands in contrast to the original composition of the predominantly male jury that convicted Weinstein five years prior. That initial verdict was a pivotal moment in the #MeToo movement combating sexual misconduct, triggered by a wave of accusations against Weinstein, who had been an influential movie producer for numerous award-winning films, including “Pulp Fiction” and “Shakespeare in Love.”
However, in a twist that disheartened #MeToo advocates, New York’s highest jurisdiction reversed Weinstein’s 2020 conviction, along with his 23-year prison term, last year. It ruled that the judge overseeing the initial trial allowed biased testimony. The presiding judge’s term concluded in 2022, and he no longer serves in that capacity.
Weinstein, now 73, maintains his innocence against all charges of rape and sexual assault.
The newly established jury in the New York retrial consists of individuals drawn from various professional backgrounds, including a physics researcher, a dietitian, a fire safety director, a therapist, a photographer, and a software engineer working in investment banking. Additionally, their experiences span fields like real estate, TV commercials, debt collection, and social work.
Education levels among the jurors vary, with some holding master’s degrees, while others hold a high school equivalency degree. Many of them have prior experience with jury service, while some are new to the process. From the hundreds evaluated, potential jurors were excused for reasons such as language barriers and preconceived negative perceptions of Weinstein, with one man candidly expressing his immediate reaction to Weinstein as “pig” before being dismissed.
During the selection, attorneys scrutinized the candidates’ backgrounds, experiences, and attributes that might influence their impartiality concerning such a high-profile case. Defense lawyer Mike Cibella, at one point, questioned a juror about her ability to still consider Weinstein innocent despite being exposed to potentially graphic and salacious sexual allegations. She confirmed her capacity to remain neutral.
Simultaneously, prosecutor Shannon Lucey ensured that all jurors could separate their thoughts and emotions about the #MeToo movement from the specifics of the case. When asked to disregard any preconceived notions related to the movement, every prospective juror affirmed that they could.
The retrial centers around charges from three women, including allegations by an aspiring actress who claimed Weinstein raped her in 2013, and accusations from two others involving separate incidents of forced oral sex in 2006. Notably, one of these accusations was not included in the original trial.
Amidst these proceedings, Weinstein is simultaneously contesting a second rape conviction he received in Los Angeles in 2022.