A jury of seven women and five men has been picked for Harvey Weinstein's retrial - meaning there will be more female jurors than the previous jury who convicted him.
The disgraced Hollywood film producer is being tried again on rape and sexual assault charges after New Yorker's appeals court overturned his 2020 conviction because the judge made a 'crucial' error in his handling of the case.
Opening statements are set to begin on Wednesday as defense lawyers and prosecutors are still finalizing the last of the six alternate jurors - those who step in if a member of the chosen jury can't see the trial through.
During his first trial, seven men and five women found the 73-year-old guilty, ultimately sentencing him to 23 years behind bars for the two sex attacks againstaspiring actress Jessica Mann and production assistant Miriam Haley.
The shift in the jury's profile for the retrial may spell doom for the outcome of his case.
The former movie mogul pleaded not guilty and denies he raped or sexually assaulted anyone. He was alsohanded a further 16 years following his conviction in LA in 2022.
Weinstein became the face of the #MeToo movement after dozens of women came forward alleging sexual abuse. The decision to overturn his conviction wasdescribed as 'profoundly unjust' by his accusers.
The 12 jurors come from all different backgrounds; among their ranks are aphysics researcher, photographer, investment bank software engineer, dietician and retired city social worker, among other occupations.
A jury of seven women and five men has been picked for Harvey Weinstein 's retrial. (Pictured: Weinstein with his legal team Monday)
During his first trial, seven men and five women found the 73-year-old guilty, ultimately sentencing him to 23 years behind bars. (Pictured: Sketch of jurors during 2020 trial)
A total of nine jurors were chosen last week, while three more and five alternatives were picked Monday after the fourth day of jury selection.
They were each quizzed on their ability to be fair and impartial during the trial, as well on their life experiences and backgrounds.
Defense attorney Mike Cibella asked one female juror during the process: 'You may hear sexual allegations here of a salacious nature — graphic, perhaps. Would hearing that indicate that … Mr. Weinstein must be guilty?' She responded no.
Meanwhile, prosecutor Shannon Lucey asked prospective jurors if they could put aside their personal feelings and opinions about the #MeToo movement in order to participate in the highly publicized case.
'Is there anyone who is going to think of the movement and think, "OK, that’s just something that I have to keep in the back of my mind when I’m deciding this case"? Everyone can put that aside?,' Lucey asked 24 possible jurors - all of whom said they could do so.
The retrial involves charges that he raped Mann in a Manhattan hotel room in 2013 and committed a criminal sexual act againstHaley by forcing oral sex on her in 2006.
Just last week, Weinstein appeared in a New York City courtroom clutching an inhaler, after pleading with a judge to have him moved from jail.
He arrived in court in a wheelchair after his lawyers filed a request that he spend his nights at a hospital in the city instead of Rikers Island for the duration of his rape retrial, claiming conditions in the jail complexare making his health issues worse.
The retrial involves charges that heraped Jessica Mann (pictured in May 2024)in a Manhattan hotel room in 2013
It also covers charges that he committed a criminal sexual act against Miriam Haley (pictured in March 2020) by forcing oral sex on her in 2006
His attorneys say he'd be better off in the prison ward at Bellevue Hospital, where he has been appearing in recent months for treatment of a myriad of health issues.
Weinstein has numerous listed health conditions, including chronic myeloid leukemia, heart issues, diabetes, obstructive sleep apnea, sciatica and severe limitations on his ability to walk.
A recent tongue infection was misdiagnosed at Rikers, requiring hospitalization, and he has gained nearly 20 pounds in the past month, his lawyer Imran Ansari said.
Ansari said that if he is not allowed to leave Rikers he could die as a result of his health conditions.
He said: 'Because of this mistreatment, he has been worn down considerably health wise, and now faces the stress of trial in this condition, which may very well lead to serious health complications, even death.'
Judge Curtis Farber has yet to rule on the transfer request, and the issue wasn't discussed in court before jury selection resumed on Wednesday morning.
The ailing sex offender told the DailyMail.com in March that he didn't expect to make it to his 73rd birthday.
'I turn 73 next Wednesday and I'm in a place where I don't think I'll get to 74,' the convicted sex offender told DailyMail.com in an unsolicited phone call from the notorious New York jail.
Just last week, Weinstein appeared in a New York City courtroom clutching an inhaler, after pleading with a judge to have him moved from jail
'I'll talk to my friends on the phone,' he said in revealing his pathetic birthday plans. 'But there's no celebration here. There's never any celebration at Rikers Island. It's absolutely horrifying.'
A day earlier, the poster boy of the #MeToo movement flashed a gap-toothed smile in a criminal courtroom at a hearing ahead of his upcoming rape retrial.
Back at Rikers, Weinstein brought up his tooth problems to DailyMail.com as he lamented the sorry state of his health.
'People say why did you smile yesterday?' said Weinstein, who obviously had been reading news reports describing him 'yucking it up' in court. 'The reason I smiled was because Rikers Island, they don't treat your teeth, they just pull your teeth.
'And that's just dentistry,' he continued. 'They get the medicine wrong. The nurses change every five minutes. I've caught so many mistakes. I had four emergency trips to Bellevue (Hospital), including a heart operation that if they didn't get right away, I would die. I mean, I've had double pneumonia.
'The conditions here are unbearable and I speak not just for me but for the other people who don't have a voice,' he said. 'This is inhumane, horrifying and needs to be torn down.'
But he remains hopeful that he'll get out of Rikers and be able to live out the rest of his years a free man.
He returned to Riker from a state prison last April after his conviction was overturned.
Weinstein said he may testify on his own behalf at the retrial in the Big Apple.
'My lawyer's talking about me testifying and it's certainly not out of my purview to take that serious because I'm innocent and every act with these women was consensual,' he said.
