Harvey Weinstein trial: No jurors picked on first day of #MeToo rape retrial in NYC

NEW YORK — As jury choice started Tuesday in Harvey Weinstein’s New York Metropolis rape retrial, some potential jurors made clear they could not be truthful in judging the one-time Hollywood mogul-turned-#MeToo pariah.

Mark Axelowitz, an actor who performs a Manhattan prosecutor within the new Robert De Niro movie “The Alto Knights,” was one among greater than a dozen candidates who raised a hand when the decide requested if anybody felt they could not be neutral.

“I do not just like the man, he’s a very unhealthy man,” Axelowitz instructed a reporter after being dismissed from consideration.

One other dismissed potential juror disqualified herself as a result of she had beforehand been sexually assaulted. Yet one more questioned whether or not anybody may very well be neutral.

The primary day ended with nobody chosen for the panel of 12 jurors and 6 alternates. Jury choice will resume Wednesday.

Weinstein is being tried once more after New York’s highest court docket final yr overturned his 2020 conviction and 23-year jail sentence and ordered a brand new trial, discovering that improper rulings and prejudicial testimony tainted the unique one.

That Courtroom of Appeals ruling gave Weinstein a second likelihood to battle the fees, along with his retrial taking part in out in a distinct ambiance than the primary, which was held amid a worldwide reckoning over sexual misconduct.

Weinstein, 73, has pleaded not responsible and denies he raped or sexually assaulted anybody. He’s older and extra frail, out and in of the hospital repeatedly for quite a lot of well being issues and much faraway from his time among the many strongest males in present enterprise.

Weinstein’s lawyer, Arthur Aidala, mentioned the ex-studio boss is “cautiously optimistic that when all of the proof is out, the jury will discover that each one of his relationships have been consensual and subsequently attain a verdict of not responsible.”

Even when he’s acquitted, Weinstein will not go free.

Weinstein can also be interesting a 2022 rape conviction in Los Angeles. His 16-year jail sentence in that case nonetheless stands, although his attorneys mentioned he must be resentenced as a result of the since-vacated New York conviction factored into how his punishment was calculated.

Weinstein is being retried on two expenses from his authentic trial. He is accused of raping an aspiring actor in a Manhattan lodge room in 2013 and a felony intercourse act by forcing oral intercourse on a film and TV manufacturing assistant in 2006.

He’s additionally charged with one rely of felony intercourse act based mostly on an allegation from a girl who was not part of the unique trial. That lady, who has requested to not be named publicly, alleges that Weinstein pressured oral intercourse on her at a Manhattan lodge.

Talking outdoors court docket on Tuesday, that accuser’s lawyer, Lindsay Goldbrum, mentioned one factor would change into “crystal clear” from her shopper’s upcoming testimony on the trial: “This was not consensual. This was sexual assault with pressure.”

“I’m assured that there will probably be justice on this case,” Goldbrum instructed reporters, including that her shopper was resolved to testify. “It is necessary for ladies in every single place and for people who find themselves victims of sexual assault in every single place that others pave the best way and present their dedication on this battle towards sexual assault.”

Choose Curtis Farber has put aside not less than 4 days for jury choice and expects opening statements and the beginning of testimony subsequent week.

The decide, prosecution and protection are working to whittle a large pool of potential jurors all the way down to the 18 individuals wanted for the trial.

Choosing the jury entails bringing in round 80 potential jurors at a time for 2 fundamental screening questions. The primary group was introduced in late Tuesday morning after the edges ironed out some last-minute unfastened ends.

Together with the query about impartiality, the decide can also be asking every group of potential jurors for a present of arms from anybody who has work, household or different obligations that may forestall them from serving.

Anybody who raises a hand to both query will probably be despatched residence, Farber has mentioned.

Those that stay will probably be seated within the jury field, 24 at a time, and requested further questions on issues like their schooling, work, and whether or not anybody they know is in legislation enforcement or has been a sufferer of against the law.

Prosecutors and Weinstein’s attorneys will every have 40 minutes to query every subset of 24 potential jurors. Typically, attorneys will use that point to observe up on issues raised in earlier questioning or zero in on issues about potential biases.

Both facet can ask the decide to dismiss a possible juror. If too many jurors are dismissed, one other group will probably be introduced in and the method will repeat till the total jury is seated.

Weinstein’s protection has introduced in in high-profile jury advisor Dr. Jo-Ellan Dimitrius, most lately seen serving to choose the Daniel Penny jury, whose experience goes again a long time, together with efficiently choosing a jury for the OJ Simpson homicide trial.