Harvey Weinstein’s criminal trial starts Monday – here’s what to expect

Harvey Weinstein’s criminal trial in New York County’s Supreme Court will begin on Monday — over two years after The New York Times and The New Yorker first broke stories about the disgraced movie mogul’s behavior toward women.

The entire trial, including jury selection, is expected to last eight weeks, a spokesperson for the New York State Unified Court System told The Wrap. On the first day, Jan. 6, presiding Justice James Burke will outline an approximate schedule for the trial. Jury selection will begin on Tuesday and is expected to last about two weeks. Once the jury has been set, the trial will begin with opening statements.

Weinstein, who pleaded not guilty at his first indictment in August, faces five felony counts: two counts of predatory sexual assault, one count of first-degree criminal sexual assault, one count of first-degree rape and one count of third-degree rape. The charges stem from accusations by Mimi Haleyi and a still-unnamed woman for encounters they say occurred in 2006 and  and 2013.

In addition, some at least one other accuser is expected to testify in the courtroom: Annabella Sciorra, the actress who has accused Weinstein of raping her 26 years ago. While Weinstein cannot be charged for any activity connected to Sciorra’s accusations, since they fall outside of New York state’s statute of limitations, her testimony could be used to strengthen the district attorney’s case against Weinstein by showing a pattern of predatory behavior.

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Harvey Weinstein surrenders on sexual assault charges
Film producer Harvey Weinstein arrives at the 1st Precinct in Manhattan in New York, U.S., May 25, 2018. REUTERS/Lucas Jackson
A police officer is seen in front of the 1st Precinct in Manhattan as film producer Harvey Weinstein is expected to arrive, in New York, U.S., May 25, 2018. REUTERS/Lucas Jackson
NEW YORK, NY - MAY 25: Harvey Weinstein departs New York Police Department's First Precinct in handcuffs on May 25, 2018 in New York City. (Photo by Jackson Lee/GC Images)
Film producer Harvey Weinstein, surrenders on sexual assault charges to the New York City Police Department (NYPD) in New York City, U.S., May 25, 2018. REUTERS/Amr Alfiky
Film producer Harvey Weinstein arrives at the 1st Precinct in Manhattan in New York, U.S., May 25, 2018. REUTERS/Mike Segar
Film producer Harvey Weinstein arrives at the 1st Precinct in Manhattan in New York, U.S., May 25, 2018. REUTERS/Mike Segar
NEW YORK, NY - MAY 25: Harvey Weinstein turns himself in to the New York Police Department's First Precinct after be served with criminal charges by the Manhattan District Attorney's office on May 25, 2018 in New York City. The former movie producer faces charges in connection with accusations made by aspiring actress Lucia Evans who has said that Weinstein forced her to perform oral sex on him in his Manhattan office in 2004. Weinstein (66) has been accused by dozens of other women of forcing them into sexual acts using both pressure and threats. The revelations of the his behavior helped to spawn the global #MeToo movement. (Photo by Spencer Platt/Getty Images)
NEW YORK, NY - MAY 25: Harvey Weinstein leaves a New York criminal court after posting bail following his arrest this morning on charges of rape, committing a criminal sex act, sexual abuse and sexual misconduct on May 25, 2018 in New York City. Weinstein's bond was set at $10 million and he will be required to wear a GPS monitoring system. The former movie producer faces charges in connection with accusations made by aspiring actress Lucia Evans who has said that Weinstein forced her to perform oral sex on him in his Manhattan office in 2004. Weinstein (66) has been accused by dozens of other women of forcing them into sexual acts using both pressure and threats. The revelations of the his behavior helped to spawn the global #MeToo movement. (Photo by Spencer Platt/Getty Images)
NEW YORK, NY - MAY 25: Harvey Weinstein turns himself in to the New York Police Department's First Precinct after be served with criminal charges by the Manhattan District Attorney's office on May 25, 2018 in New York City. The former movie producer faces charges in connection with accusations made by aspiring actress Lucia Evans who has said that Weinstein forced her to perform oral sex on him in his Manhattan office in 2004. Weinstein (66) has been accused by dozens of other women of forcing them into sexual acts using both pressure and threats. The revelations of the his behavior helped to spawn the global #MeToo movement. (Photo by Spencer Platt/Getty Images)
NEW YORK, NY - MAY 25: Harvey Weinstein along with his attorney Benjamin Brafman (L) appears at his arraignment in Manhattan Criminal Court on Friday, May 25, 2018. The former movie producer faces charges in connection with accusations made by aspiring actress Lucia Evans who has said that Weinstein forced her to perform oral sex on him in his Manhattan office in 2004. Weinstein (66) has been accused by dozens of other women of forcing them into sexual acts using both pressure and threats. The revelations of the his behavior helped to spawn the global #MeToo movement. (Photo by Steven Hirsch-Pool via Getty Images)
Police officers and members of the media stand in front of the 1st Precinct in Manhattan as film producer Harvey Weinstein is expected to arrive, in New York, U.S., May 25, 2018. REUTERS/Lucas Jackson
Members of the media stand next to the 1st Precinct in Manhattan as film producer Harvey Weinstein is expected to arrive, in New York, U.S., May 25, 2018. REUTERS/Mike Segar
NEW YORK, NY - MAY 25: Harvey Weinstein departs New York Police Department's First Precinct in handcuffs on May 25, 2018 in New York City. (Photo by Jackson Lee/GC Images)
Harvey Weinstein leaves the Manhattan Criminal Court on May 25, 2018 in New York. - Weinstein was arrested and charged Friday with rape and other sex crimes involving two separate women, New York police announced shortly after the fallen Hollywood mogul surrendered to authorities. (Photo by KENA BETANCUR / AFP) (Photo credit should read KENA BETANCUR/AFP/Getty Images)
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A representative for Time’s Up told The Wrap last week that the organization does not have any “ground activations” planned at the moment in response to the trial, but an online petition has been launched for anyone looking to share words of support to survivors taking the stand.

“We would not be in this historic moment without the courage and conviction of these survivors, who risked everything — their jobs, their careers, and their personal sense of security — to call out sexual assault and harassment and begin to expose behavior that workers for generations have silently endured,” Tina Tchen, the president and CEO of Time’s Up, told The Wrap. “Before they came forward, the scope and magnitude of the problem was hidden. Two years later, they have ignited an unstoppable movement for change that cannot be ignored.”

The criminal trial is not connected to the tentative $25 million settlement that Weinstein and The Weinstein Company (and its insurers) recently reached with dozens of his accusers who filed a class-action suit.

In addition, Weinstein still could face prosecution in Los Angeles, whose district attorney is reviewing eight accusations of sexual misconduct against the former producer. Although two accusations were filed in the last few months, most have been under review since early 2018 — two of the Beverly Hills cases were submitted in January 2018, followed by a third in June of that year. Three of the LAPD cases were submitted in February 2018.

No criminal charges have been filed in L.A., and there is no timetable for when a decision might be made on whether charges will or won’t be filed.

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