Harvey Weinstein’s rape retrial opens in New York for the third time

NEW YORK (AP) — Prosecutors once again portrayed Harvey Weinstein as a onetime Hollywood power player who used his sway as a tool of sexual assault, repainting a familiar but fraught picture Tuesday at a rape retrial nearly eight years after the former movie tycoon’s arrest.

“This case will come down to power, to control and to manipulation,” Manhattan Assistant District Attorney Candace White told jurors as opening statements began in the bellwether #MeToo case, with DA Alvin Bragg watching from the audience.

Weinstein lawyer Jacob Kaplan countered that the case actually “is about consent, about choice and about regret,” echoing Weinstein’s longtime defense that his accuser has recast a willing encounter as a crime.

Since Weinstein became a major target of the #MeToo movement against sexual misconduct nearly a decade ago, he has been convicted of some sexual assault charges and acquitted of others in trials on two U.S. coasts. A couple of charges ultimately were dismissed.

But the rape charge involving a 2013 encounter in a Manhattan hotel has lingered, due to an overturned conviction followed by a jury deadlock.

What’s different about this trial

The allegation is, by now, well known. But the contours of the case have changed.

The prior trials included other accusers and charges. This trial is pared down to the single question of what happened between Weinstein and hairstylist and actor Jessica Mann in a hotel room one morning, though the majority-male jury will also hear a lot about their relationship before and after that day.

Weinstein also switched trial legal team, and with it the rhetorical style and perhaps some strategic choices in his defense. For example, his new attorneys have signaled they’ll rein in some questions about a claims fund for women who said Weinstein sexually mistreated them.

Prosecutors also took a fresh look at the case file, and they’re asking the judge to allow the addition of at least one new witness: a close friend of Mann’s from the time of the alleged rape. If Weinstein himself testifies — which he hasn’t done at prior trials — prosecutors may also argue for calling a court officer who recently disclosed a remark he says Weinstein made in 2020. The defense objects to both potential witnesses.

Judge Curtis Farber, too, is revisiting some aspects of the case. He limited questioning Tuesday about a list of “friends of Harvey” that the producer’s assistants maintained for event guest lists.

Jurors learned that Mann and another expected witness were on the list. But unlike at last year’s trial, the panel wasn’t informed that the roster was all women.

Weinstein has pleaded not guilty. He said in January that he had been unfaithful to his then-wife and “acted wrongly, but I never assaulted anyone.”

Now a 73-year-old prison inmate, Weinstein was once one of the most influential people in Hollywood. An Academy Award-winning producer and a studio boss, he helped bring such films as “Pulp Fiction,” “Shakespeare in Love” and “Gangs of New York” to movie houses and produced TV shows including “Project Runway.” He also was a prominent Democratic donor.

His career collapsed in 2017, when years of Hollywood whispers about his behavior toward women became public accusations in news and social media. Criminal charges followed in New York and Los Angeles.

About Weinstein’s accuser and their relationship

Mann was a 27-year-old who struggled financially, had recently lived in her car and yearned to break into big-time acting when she met Weinstein at a Los Angeles-area party in early 2013.

She has testified that she was looking for a professional connection but ended up, ambivalently, in a consensual relationship with the then-married Weinstein.

During a New York trip with a friend in March 2013, she arranged a breakfast for pals and Weinstein. According to Mann’s prior testimony, Weinstein ultimately trapped her in a hotel room, ignored her protestation that “I don’t want to do this,” demanded she undress and grabbed her arms, and she succumbed because she “just wanted to get out.”

White told jurors Tuesday that Weinstein “was used to getting his way” professionally and personally.

“Behind closed doors, power meant him taking what he wanted from the victim in this case,” the prosecutor said.

Weinstein shook his head slightly at one point as White claimed that he had “silenced” Mann by letting her know that crossing him could be professional quicksand. She has testified that for years, she told no one about the alleged rape.

In the aftermath, she kept seeing Weinstein, accepting invitations, asking him for career help and sending warm messages to him.

She has said she was trying to avoid angering him. But his lawyer said the case “isn’t a ‘he said, she said’ — it will be her word against her own word.”

“Ask yourself: What is Jessica Mann getting from Harvey Weinstein?” Kaplan told jurors.

The Associated Press does not identify people who say they have been sexually assaulted, unless they agree to be named, as Mann has done.