Weinstein’s New Trial and Defense Strategy

Harvey Weinstein’s lawyer argued on Tuesday that the disgraced film producer should be acquitted of raping an aspiring actress, even if the jury in Manhattan clears him of past accusations. “We’re not here asking you to like Harvey Weinstein,” attorney Jacob Kaplan stated during opening remarks in the 74-year-old’s third trial for sex crimes, emphasizing that this case revolves around the evidence—not public opinion.

On the other side, prosecutors depicted Weinstein as a predator who exploited vulnerable women, enticing them with promises of career opportunities only to assault them instead. Assistant District Attorney Candice White highlighted themes of power and manipulation during her address to the jury, while Manhattan prosecutor Alvin Bragg observed from the gallery.

Weinstein, who has remained in custody since his 2018 arrest, faces a charge of third-degree rape regarding an alleged incident with Jessica Mann at a Manhattan hotel in 2013. He was previously convicted in 2020 for raping Mann and forcing another victim, production assistant Mimi Haley, to perform oral sex.

However, that conviction was thrown out by New York’s highest court, leading to a retrial last summer where jurors convicted Haley again but couldn’t reach a universal verdict on the charges against Mann.

This time, the prosecution aims to secure a conviction against Mann, who is expected to testify about an alleged sexual assault in March 2013, revealing that she found a needle associated with Weinstein in a trash bin afterward.

Weinstein’s defense revisited familiar arguments, claiming that the encounters have been mischaracterized as crimes. “It was her choice, and over the next four years, she made that choice repeatedly,” Kaplan remarked, addressing the jury regarding Mann’s interactions with Weinstein.

Dressed in a dark blue suit, Weinstein provided a subtle thumbs-up to his legal team as he was brought into the courtroom. He has already been sentenced to 25 years for the oral sex conviction involving Haley. Interestingly, this ongoing trial’s outcome may not significantly affect his prison time, considering the maximum penalty for the third-degree rape charge is only four years.

Outside of this trial, Weinstein was also sentenced to 16 years in prison for a separate conviction in California involving an Italian model. Even with his criminal history, Weinstein maintains his innocence, asserting, “I acknowledge my moral failings… but I have never assaulted anyone.”