Harvey Weinstein is once again facing a jury in New York after his 2020 rape and criminal sexual act convictions were overturned in April 2024 by the state’s highest court. The retrial centers on accusations made by three women: Miriam Haley, Jessica Mann, and Kaja Sokola — each alleging that Weinstein sexually assaulted them in separate incidents spanning from 2006 to 2013.
The retrial began on April 23, 2025, and the prosecution rested its case on May 29. Weinstein’s defense team has since begun presenting their case and is now deliberating whether the former Hollywood mogul should testify in his own defense — a move that could dramatically impact the jury’s perception.
Why Harvey Weinstein Might Take the Stand
A Strategic Decision in a “He Said, She Said” Case
Weinstein’s lead attorney, Arthur Aidala, told reporters that the decision to testify is still under consideration and will likely be made at the last moment. He emphasized that this is ultimately Weinstein’s call. Aidala revealed that significant time — including much of Memorial Day weekend — was spent preparing Weinstein for the possibility of testifying.
“There is a part of him that is seriously contemplating in a ‘he-said, she-said’ case whether human beings feel obligated to hear the other side of the story,” Aidala said.
This would be a rare move, as Weinstein did not testify in either of his previous trials — the original 2020 New York case or the 2022 California trial.
Public Statements and the Candace Owens Interview
Weinstein recently broke his silence in an interview with conservative commentator Candace Owens, which aired just days before this latest update in court. In the interview, Weinstein once again claimed he is innocent of all charges and criticized the broader #MeToo movement that led to his downfall.
The defense even considered calling Owens as a witness, citing alleged conversations she had with accuser Jessica Mann. However, this line of questioning was struck from the record due to lack of factual basis, and the jury was instructed to disregard it. Ultimately, Aidala said Owens would not be called, citing her recent childbirth and the lack of significant benefit to the case.
The Charges and Key Witnesses
Miriam Haley
A former Project Runway production assistant, Haley claims Weinstein forced oral sex on her in 2006 at his Manhattan apartment. Her allegations were central to the original 2020 conviction.
Jessica Mann
An aspiring actress, Mann alleges Weinstein raped her in a Manhattan hotel room in 2013. Her credibility has been fiercely challenged by the defense, with attempts to introduce conflicting prior statements.
Kaja Sokola
In this retrial, Weinstein faces a new criminal sexual act charge based on Sokola’s testimony that he forcibly performed oral sex on her in 2006 in a New York hotel when she was just 16 and had recently moved from Poland to model in the U.S.
Defense Witnesses and Legal Strategy
The defense has brought in medical professionals to provide context on Weinstein’s erectile dysfunction, which was referenced during victim testimonies. Aidala’s team also introduced a former roommate of Sokola’s, Helga Rose Samuelson, who contradicted Sokola’s account of never being alone with Weinstein.
Additionally, Gloria Allred — who is representing Haley — was subpoenaed, though Aidala admitted there has been little effort to enforce it.
On Friday, the defense plans to call two more witnesses aimed at undermining Mann’s credibility, continuing their strategy of casting doubt on the accusers’ narratives.
What Happens If Weinstein Doesn’t Testify?
If Weinstein ultimately chooses not to testify, the case will proceed to closing arguments on Tuesday, marking the final opportunity for both sides to sway the jury. Given the media scrutiny and high stakes, every decision — especially Weinstein taking the stand — carries enormous weight.
The Public’s Reaction and Broader Implications
This trial is not just about Harvey Weinstein. It continues to represent a pivotal chapter in the evolution of accountability in Hollywood and the legal system’s response to sexual misconduct in powerful industries. The public and media remain sharply divided — some see Weinstein as a symbol of justice served, others question the fairness and consistency of the legal process in high-profile cases.
