Harvey Weinstein retrial will include testimony from trauma psychologist
The jury chosen for Harvey Weinstein's retrial on sexual assault charges in New York City will hear testimony from Dawn Hughes, a psychologist with expertise in traumatic stress and domestic violence, a judge ruled Wednesday.
Judge Curtis Farber granted a request from the Manhattan district attorney's office to call Hughes, who previously testified for Amber Heard at Johnny Depp's libel trial and for the prosecution at R. Kelly's sex-trafficking trial.
Hughes is expected to testify about rape trauma and survivor responses in order to dispel myths about rape, including those related to victim responses to being raped by an acquaintance, a victim's immediate reactions to being raped and a victim's delayed disclosure of the rape.
Farber also granted a prosecution request to keep testimony or argument about Weinstein's health out of the trial. Weinstein, 72, has been diagnosed with cancer and has sued over the conditions of his confinement.
The judge discussed other requests outside the presence of the public. He is still considering whether to allow testimony from a defense memory expert, psychologist Deborah Davis.
Prosecutors agreed she can testify about memory in general but they oppose hearing her speak to the jury about "special issues of memory for sexual or potentially sexual interactions."
Jury selection in the retrial will begin on April 15, with opening statements set for April 22, the judge confirmed Wednesday.
The trial could last five weeks.
Weinstein will stand trial on a new sexual assault charge at the same time he is retried on two other sexual assault charges after his earlier conviction was overturned on appeal.
Weinstein had been found guilty in 2020 of criminal sexual assault and third-degree rape and sentenced to 23 years in prison in a case that had largely kicked off the #MeToo movement.
The New York Court of Appeals, in a scathing 4-3 opinion, overturned the conviction, finding the trial judge "erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes."
Weinstein's attorney, Arthur Aidala, called the judge "very thoughtful" as they proceed toward the retrial.
"They're clearly looking to make sure all of Mr. Weinstein's constitutional rights are protected and preserved. And that is a breath of fresh air, a tremendous difference than when we were here five years ago," Aidala told reporters outside the Manhattan courthouse. .
Weinstein has pleaded not guilty and denies any wrongdoing, with Aidala contending, "This is a case about consent."
Weinstein had previously begged the judge to put him on trial earlier than April 15, saying he isn't sure he will live until the spring while incarcerated in the "hell hole" that is the New York City jail complex.
"Every day I'm at Rikers Island it's a mystery to me how I'm still walking," Weinstein told the court in January while seated in a wheelchair. "I'm asking and begging you, your honor, I can't hold on anymore. I'm holding on because I want justice for myself and I want this to be over with."
The disgraced film producer asked to start the trial even a bit earlier, April 7, because, he said, "Every week counts."
Weinstein -- who has bone cancer and underwent emergency heart surgery in September 2024 -- is suing New York City and its Department of Correction, alleging "medical negligence."
Farber said at the time he would consider the request but noted he could not push it earlier because he is scheduled to preside over a murder trial that is "set in stone."
Earlier this year, Farber denied Weinstein's bid to dismiss the new sexual assault charge from a woman who alleged Weinstein forced oral sex on her in a Manhattan hotel in 2006. Weinstein argued that prosecutors unduly delayed charging him.
In denying the application to dismiss, Farber said the court inspected the grand jury minutes "and found them to be sufficient."
