This latest proceeding follows a complex legal history for the former film producer. Weinstein's initial New York convictions were overturned, spurring a retrial last year. In that retrial, Weinstein was convicted of forcing oral sex on production assistant and producer Miriam Haley in 2006, but was acquitted of forcibly performing oral sex that same year on model-turned-psychotherapist Kaja Sokola. Weinstein was convicted of some — but not all — counts in both cases.
The current retrial will not be a mirror image of the last trial. Jurors will weigh only one charge based on one accuser in this retrial. The judge might revisit some rulings about exactly what evidence gets presented about Weinstein's and Mann's years of interactions.
The retrial will not be a mirror image of the last trial.
Weinstein's recent change in attorneys could shift the trial's tenor and tactics. Marc Agnifilo and his partners took on the case only in February, when longtime Weinstein lawyer Arthur Aidala stepped aside from the retrial to focus on appeals and civil matters. Arthur Aidala and Marc Agnifilo are well-known New York defense attorneys with differing litigation styles.
Weinstein denies all the accusations. He hasn’t testified at any of his trials. Weinstein's lawyers have contended that he never had non-consensual sex.
I acted wrongly, but I never assaulted anyone.
The accuser at the center of this retrial, Jessica Mann, has testified that she had a consensual, on-and-off relationship with the then-married Weinstein.
The previous retrial ended with a partial verdict. Harvey Weinstein was convicted of one of the top charges in his sex crimes retrial. A majority-female jury convicted Harvey Weinstein of forcibly subjecting Miriam Haley to a criminal sex act in 2006. Jurors acquitted Harvey Weinstein of a criminal sex act charge related to Kaja Sokola. Jurors were unable to reach a verdict on a third charge in Harvey Weinstein's retrial.
It was not fair.
The jury didn’t decide on the rape charge involving Mann because the foreperson refused to keep deliberating. The partial verdict came after an extraordinary day in which the jury foreperson indicated he felt bullied.
Jury turmoil extended beyond the deadlock, with the foreperson complaining that other jurors were pushing people to change their minds and talking about information beyond the charges. The foreperson expressed that he didn't want to change his position and was being pressured, with another juror saying something like 'I'll meet you outside one day,' and yelling and screaming in the room.
I'll meet you outside one day.
Weinstein lawyer Arthur Aidala urged the judge to declare a mistrial, saying the foreperson had expressed concerns for his safety. Weinstein's lawyers asked unsuccessfully for a mistrial after the foreperson expressed his concerns Monday.
Prosecutor Matthew Colangelo said the foreperson hadn't seemed afraid or apprehensive, just 'stubborn.'
Additional jury issues emerged when, on Friday, one of the jurors asked to be excused because he felt another member of the group was being treated unfairly.
The case was sent back for retrial in the same Manhattan courthouse.
Legal considerations include potential guilty plea discussions, as Weinstein subsequently considered pleading guilty. Under New York law, the third-degree rape charge carries a lesser penalty than the first-degree criminal sex act offense.
Key unanswered questions surround the upcoming retrial, including what evidence will be presented about Weinstein's and Mann's years of interactions and how the defense strategy under Marc Agnifilo's leadership will differ. The outcome may hinge on whether the judge allows certain evidence and how the new defense team approaches the case, given Weinstein's consistent denial of non-consensual sex and his decision not to testify in previous trials.