7 Men, 5 Women Will Sit as Jury in Harvey Weinstein's New York Rape Trial
Weinstein's attorneys asked pointed questions about sex during jury selection, hinting at allegations that are likely to come up during the trial.
January 17, 2020 at 12:25 PM
3 minute read
The original version of this story was published on New York Law Journal
Seven men and five women were chosen as jurors in the trial of former Hollywood producer Harvey Weinstein, who pleaded not guilty to charges of predatory sexual assault and rape in Manhattan.
After a juror prescreening process that lasted more than a week, the jury was seated in just a day and a half. Three alternates—a man and two women—were also seated at midday Friday. Arguments are expected to begin Wednesday.
Prosecutor Joan Illuzzi-Orbon accused Weinstein's defense team of systematically eliminating white women from the jury box, while Weinstein's lawyers argued they had other reasons for eliminating jurors who match that description. Just before lunchtime Friday, two white women were seated as the 11th and 12th jurors.
Weinstein's attorneys asked pointed questions about sex during jury selection, hinting at allegations that are likely to come up during the trial.
"Who here thinks that someone could have consensual sexual relations with someone at work to get ahead at work?" Arthur Aidala of Aidala Bertuna & Kamins asked Friday. Several jurors raised their hands.
A question from another Weinstein defense lawyer, Damon Cheronis, involved a similar theme.
"Does anybody think an individual could have sex with someone that they may not find attractive for reasons other than love?" Cheronis asked Thursday.
Cheronis also asked jurors whether they believed someone could have consensual sex and then, years later, declare it was not consensual.
Manhattan Criminal Court Judge James Burke has told jurors that the trial is not a referendum on #MeToo, sexual harassment or women's rights and that they should consider only the evidence they hear in the courtroom.
Just after the full jury was seated, the defense team asked Burke to declare a mistrial. They argued that one juror, who has a novel coming out soon, had not been honest about the content of her book.
Illuzzi-Orbon said the woman had honestly told the lawyers that the novel focuses on the lives of young women, but the defense team focused on a reference on the book's website about the characters confronting "predatory older men."
"She was not forthcoming about the book, about the subject of the book," Cheronis said. "She lied about it all."
Burke denied the defense challenge for cause against the juror but did not immediately rule on the request for a mistrial.
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