Harvey Weinstein Returns to New York Court for Third Rape Retrial

Former Hollywood mogul Harvey Weinstein is returning to a Manhattan courtroom for a third time in six years. Jury selection for the retrial is scheduled to begin as early as Tuesday, April 14, 2026, as the disgraced producer faces a specific charge of third-degree rape.

Unlike his previous legal battles in New York, this trial will be more focused. Jurors will weigh a single charge based on the testimony of one accuser, actress and hairstylist Jessica Mann, rather than the array of allegations presented in earlier proceedings.

The Core Allegation: The Jessica Mann Case

The prosecution alleges that Weinstein raped Jessica Mann in a New York City hotel room in 2013. This specific charge has become a central point of legal contention over the last several years, having been the subject of multiple trial attempts.

Weinstein, now 73, continues to deny all accusations. During a January hearing, he stated that while he may have “acted wrongly,” he “never assaulted anyone.”

A Complex Legal History: Why a Third Trial?

The path to this third trial highlights the volatility of Weinstein’s legal proceedings in New York:

• The 2020 Trial: Weinstein was initially convicted of raping Mann and forcing oral sex on another woman. However, the New York Court of Appeals later overturned that conviction.
• The 2025 Trial: A second trial resulted in a split verdict. While jurors found him guilty of sexually assaulting Miriam Hale and not guilty of assaulting Kaja Sokola, they remained deadlocked on the charges involving Jessica Mann. Judge Curtis Farber declared a mistrial on the Mann rape charge after the jury foreperson refused to continue deliberations.

Changes in Strategy and Representation

This retrial may see a shift in courtroom tactics due to a change in Weinstein’s legal team. In February 2026, longtime attorney Arthur Aidala stepped aside to focus on civil matters and appeals. He was replaced by Marc Agnifilo and his partners.

Agnifilo has already indicated to the court that this proceeding will not be a “mirror image” of the previous trial. Judge Farber has signaled that he may revisit rulings regarding what evidence will be permitted concerning the years of interactions between Weinstein and Mann.

Current Legal Standing and Condition

Regardless of the outcome of this New York trial, Weinstein will remain behind bars. He is currently serving a 16-year sentence resulting from a conviction in California.

The physical and emotional toll of his prolonged incarceration has become evident in court. During a March appearance, Weinstein appeared in a wheelchair and claimed his “spirit was breaking.”

Frequently Asked Questions

Why is Harvey Weinstein being tried a third time for the same charge?

The first conviction was overturned by an appeals court, and the second trial ended in a hung jury (mistrial) specifically regarding the charges brought by Jessica Mann.

Who is Marc Agnifilo?

Marc Agnifilo is a well-known New York defense attorney who took over Weinstein’s representation in February 2026, replacing Arthur Aidala for the duration of the retrial.

Will Weinstein head to more prison if convicted?

While he is already serving a 16-year sentence from a California conviction, a guilty verdict in New York would result in additional sentencing.

Looking Ahead

As the court moves into jury selection, the focus remains on whether the prosecution can secure a unanimous verdict where previous attempts failed. This trial represents one of the final chapters in the New York legal saga that helped propel the #MeToo movement into the global spotlight.