Harvey Weinstein Enters Courtroom as Jury Selection Approaches for High-Profile Trial
Harvey Weinstein appeared in court on Wednesday as his defense team and prosecutors engaged in a debate over remaining motions ahead of his upcoming trial.
Jury selection is set to begin on April 15, with Weinstein facing a retrial on charges of criminal sexual act in the first degree and rape in the third degree. In September, he was indicted on an additional charge of criminal sexual act in the first degree.
Throughout the proceedings, Weinstein’s legal team has frequently cited his declining health as a reason for expediting the trial. This issue was raised again on Wednesday, when the former mogul, seated in a wheelchair, requested his attorney to inform the judge that his treatment during the lunch break was “horrendous.” His attorney, Arthur Aidala, noted Weinstein’s age of 73, emphasizing that he “needs some form of nourishment.”
“He cannot be in a diminished state during the course of this trial,” Aidala stated. “He’s a 73-year-old man.”
Weinstein waived his appearance on Thursday due to health concerns, as both parties continued to address remaining motions before the trial, which is anticipated to last four to six weeks. He has been diagnosed with leukemia and several other medical conditions, requiring multiple hospital visits in the past year.
Despite the emphasis on Weinstein’s health during pre-trial proceedings, Judge Curtis J. Farber previously ruled that his medical condition cannot be mentioned in court unless he testifies.
During Wednesday’s hearing, Farber reversed an earlier decision, allowing one of the three witnesses, identified as complaining witness #2, to use the term “force” or describe its application. Weinstein’s defense had sought to exclude the term, arguing that its use could suggest to jurors his previous acquittal on a related charge of rape involving the use of force.
In an earlier session, Farber had ruled that neither party could reference the reversal of Weinstein’s 2020 conviction or discuss the jury’s decision to acquit him of certain charges at that time.
On Wednesday, Farber informed Weinstein’s team that they could cross-examine the witness or request additional jury instructions if they were concerned about the prior conviction being referenced during the trial. However, Aidala expressed to reporters during the lunch break that this could potentially lead to an appeal issue.
Most of the day was dedicated to a motion from Weinstein’s defense team to disqualify assistant district attorney Shannon Lucey from the case. They claimed they would not be able to question her regarding notes she had taken from one of the complaining witnesses. After intense discussions and multiple conversations in chambers, Weinstein’s team agreed to withdraw the motion, provided that a stipulation was presented to the jury concerning the notetaking.
The two parties had not yet finalized the exact wording for the stipulation and intended to continue discussions overnight and into a hearing on Thursday.
Lucey had taken notes during an interview with one of the complaining witnesses in 2020, at which time that witness was not involved in Weinstein’s criminal case. However, the witness returned for grand jury testimony in 2024, where Lucey also took notes. Weinstein’s team argued that there are inconsistencies between the notes, while prosecutors maintained that the notes were not verbatim and that the earlier interviews were “brief.”
If the witness testified about the use of force beyond what was documented in the notes during the trial, Weinstein’s team contended they would want to question Lucey on the stand, but would be unable to do so because she is part of the prosecution.
Should Lucey be disqualified, prosecutors indicated they would need 60 days to find a replacement, which would further delay the trial’s start. Weinstein’s attorneys argued that their client could not afford such a delay due to his health concerns.
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