As jury selection begins for Harvey Weinstein's sexual assault retrial in New York, some potential jurors have expressed concerns that they will not be able to be impartial when it comes to the former Hollywood mogul.
Mark Axelowitz, the actor who plays a Manhattan prosecutor in Robert De Niro's new film “The Knights of Alto,” was one of more than a dozen candidates who raised their hand when the judge asked if anyone felt they could not remain objective.
“I don't like this guy, he's really bad,” Mr. Axelowitz told reporters after his candidacy was rejected.
Another potential juror who was disqualified declined to serve because she was a previous victim of sexual assault. Another candidate said, “I don’t understand how anyone can remain impartial.”
Weinstein is back on trial after New York's highest court, the Court of Appeals, last year overturned his 2020 conviction and 23-year prison sentence and ordered a new trial, finding that improper rulings and prejudicial testimony tainted the original hearing.
The ruling gave Weinstein a second chance to fight the charges, as the new trial takes place in a different context from the first, which took place amid a global movement against sexual harassment.
Weinstein, 73, who has pleaded not guilty and denies allegations of rape or sexual assault, has grown older and weaker, regularly hospitalized for various health problems.
He is no longer the same person who was one of the most influential people in the film industry.
Even if he is acquitted, he will not remain free.
Weinstein is also appealing his 2022 rape conviction in Los Angeles. His 16-year prison sentence in that case remains in effect, though his lawyers argue it should be reconsidered given the overturned New York conviction that was factored into his sentence.
Weinstein is back on trial on two charges from his original trial: He is accused of raping an aspiring actress in a Manhattan hotel room in 2013 and committing criminal sexual act with a film and TV production assistant in 2006.
He also faces one count of criminal sexual act based on a statement from a woman who was not involved in the original trial. The woman asked that her name not be released publicly.
Speaking outside the court on Tuesday, the prosecutor's lawyer, Lindsay Goldbroom, said one thing would be “crystal clear” from her client's upcoming trial testimony: “This was not consensual. This was sexual assault with force.”
“I am confident that justice will be done in this case,” Ms Goldbroom told reporters, adding that her client was determined to give evidence.
“It is important for women around the world and for people who have been victims of sexual violence that others lead the way and demonstrate their commitment to ending sexual violence.”
Judge Curtis Farber has set aside at least four days for jury selection and expects opening statements and trials to begin next week.
The judge, prosecutors and defense will seek to whittle the large pool of potential jurors down to the 18 people — 12 primary jurors and six alternates — needed for the trial by asking questions and trying to eliminate those they believe will not be able to hear the case fairly.
Jury selection will involve calling in about 80 potential jurors at a time for two main selection questions. The first group was called in late Tuesday after defense attorneys and prosecutors ironed out some final uncertainties.
In addition to the question of impartiality, the judge also asks each group of potential jurors to raise their hands if they have jobs, families or other commitments that might prevent them from fulfilling their duties.
Mr. Farber noted that anyone who raised their hand in response to any of these questions would be sent home.
The rest will be in or near the courtroom (24 people at a time) and will be asked additional questions about things like education, employment, and whether anyone they know works in law enforcement or has been a victim of a crime.
Prosecutors
Sourse: breakingnews.ie
