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 Once one of Hollywood’s most powerful producers, Weinstein, 67,
has pleaded not guilty to charges of assaulting two women in New
York, one in 2006 and the other in 2013.
In all, more than 80 women have accused Weinstein of sexual
misconduct dating back decades.
Those accusations helped fuel the #MeToo movement, in which
hundreds of women have publicly accused powerful men in
business, politics, the news media and entertainment of sexual
harassment or assault. Weinstein has denied the allegations and
said any sexual encounters were consensual.
Jury selection is expected to begin on Monday.
Selecting impartial jurors to decide the fate of a celebrity
whose alleged abuse fueled the #MeToo movement presents unique
challenges, experts said, as potential jurors may try to mask
their bias to advance a larger cause.
"They may think, 'I want to be the one to make sure he goes to
jail. I want to be the one to do justice,'" said Roy Futterman,
a New York jury consultant.
On the other hand, Futterman said, people who believe that #MeToo
has gone too far and ruined the lives of innocent men, may
attempt to hide their bias so they can exonerate Weinstein.
Weinstein faces up to life in prison if convicted on the top
counts, predatory sexual assault.
One of his lawyers, Donna Rotunno, said the defense team will be
looking at potential jurors' social media use and responses to
jury selection questions, and said she is confident that will
uncover biased candidates.
"Obviously this case has a lot more notoriety and press involved
with it, but that's a concern in any case," Rotunno said in a
phone interview. "Once 12 people are put on that bench and they
realize the gravity of it, they really want to be fair."
The office of Manhattan District Attorney Cyrus Vance, which is
prosecuting the case, declined to comment.
Weinstein in October lost a bid to move the trial to suburban
Long Island or to Albany, New York state’s capital. He had said
intense media scrutiny made it impossible for jurors to give him
a fair trial in Manhattan.
"The question ... will be not whether they’ve heard of the
Weinstein case and the allegations against him, but whether that
publicity has made it impossible for someone to be a fair and
impartial juror," said Deborah Tuerkheimer, a Northwestern
University law professor and former prosecutor in the Manhattan
district attorney’s office.
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Jury selection is expected to last two weeks. Experts say both sides
will likely question potential jurors about their knowledge and
opinion of the case, their work history and whether they have been
victims of sexual misconduct.
Legal teams in high-profile trials often spend hundreds of hours
building databases of potential jurors' activity on social media
such as Facebook and Twitter that might reveal bias, said Jeffrey
Frederick, director of Jury Research Services at the National Legal
Research Group Inc in Charlottesville, Virginia.
"It's almost legal malpractice not to do this," he said. "You will
find people in your jury pool where you will go, 'Whoa, this is
particularly good or particularly bad for me.'"
ELIMINATING JURORS
Lawyers can excuse an unlimited number of potential jurors if they
show bias for or against Weinstein. Each side can typically use
"peremptory" challenges to eliminate up to three potential jurors
they believe will be unsympathetic, without providing a reason.
The #MeToo movement has prompted more people who have experienced
sexual assault or workplace harassment to come forward, which is
likely to complicate the vetting process, Tuerkheimer said.
According to a 2018 Pew Research study, about 60% of women surveyed
said they had been subjected to unwanted sexual advances or sexual
harassment in their lifetime, and more than half of those reported
being harassed in the workplace.
Some, but not all, of those people might be biased, Tuerkheimer
said.
Experts said the prosecution may seek to eliminate jurors who say
they have been falsely accused of harassment, out of fear they might
sympathize with Weinstein, while the defense might excuse people who
appear to be activists or favor liberal causes.
Paul Callan, a former prosecutor, said lawyers also will want to
avoid potential jurors seeking to cash in on the experience.
"If books are written after the trial, that could result in a
reversal," Callan said.
(Reporting by Gabriella Borter in New York; additional reporting by
Tom Hals in Wilmington, Delaware; Editing by Noeleen Walder and
Jonathan Oatis)
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