NEW YORK — Harvey Weinstein is nearing a critical moment in his New York retrial, with jury deliberations expected to begin shortly after the closing arguments conclude. The defense, led by attorney Arthur Aidala, has rested its case without calling Weinstein to the stand.
After a morning session focused on potential evidence for the jury, Judge Curtis Farber is set to hear final statements from both the defense and the prosecution. The Manhattan District Attorney’s office is anticipated to present its arguments shortly, paving the way for the jury to receive the case by day’s end. Comprised of seven women and five men, the jury will then retreat to deliberate on the charges against the former film mogul.
Weinstein, 73, faces serious consequences if convicted on any of the three charges in this retrial. A conviction could result in a life sentence, as charges of first-degree criminal sexual conduct could carry up to 25 years each, while a conviction for third-degree rape could lead to a maximum of four years.
In his previous trial in 2020, Weinstein was found guilty of third-degree rape and a first-degree criminal sexual act, resulting in a 23-year prison sentence handed down by Judge James Burke. That verdict followed five days of jury deliberation. Since then, an appellate court overturned his conviction last April, citing procedural errors during the original trial, including prejudicial testimony from alleged victims not implicated in the charges against him.
Prosecutors contend that Weinstein used his position of power to lure aspiring actresses and young women into compromising situations, frequently making false promises related to job opportunities in the entertainment industry. They describe a pattern of manipulation followed by violent encounters.
Aidala’s defense strategy focuses on portraying the relationships between Weinstein and his accusers as consensual and mutually beneficial arrangements. He has framed these interactions as “friends with benefits” scenarios, arguing that both sides traded sexual favors for professional advancement within Hollywood.
The retrial has heard testimony from key accusers, including Jessica Mann and Miriam Haley, who also spoke against Weinstein during his earlier trial. A third accuser, Kaja Sokola, brought new allegations to light, accusing Weinstein of assaulting her in a Manhattan hotel room in 2006. This led to an additional charge of first-degree criminal sexual conduct based on her testimony.
Weinstein’s decision not to testify during this retrial mirrors his choice in the first trial, reportedly based on concerns over a potentially damaging cross-examination. A spokesperson for Weinstein mentioned that while he wished to take the stand, advice against it was given due to risks associated with introducing extraneous issues that could undermine his credibility.
Currently, Weinstein remains incarcerated in New York due to a separate conviction related to crimes committed in Los Angeles. He is appealing a 16-year prison sentence stemming from a 2013 incident involving a woman publicly identified as Jane Doe.
Throughout this retrial, Weinstein has maintained his innocence, asserting that he has never committed sexual assault or coerced anyone. In a recent interview, he emphasized his belief that he is wrongfully accused and called for a distinction between immoral actions and illegal behavior.
For the duration of the trial, Weinstein has been moved between a Manhattan courthouse and the medical wing of Bellevue Hospital. Citing health concerns, including a recent heart surgery and a cancer diagnosis, his legal team emphasized the need for him to avoid the notorious conditions of Rikers Island. Judge Farber decided in favor of allowing him to remain hospitalized during this crucial legal process.
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