Harvey Weinstein, the disgraced Hollywood producer whose downfall helped ignite the global #MeToo movement, returned to a Manhattan courtroom on Tuesday as jury selection began in his third trial on a rape charge — a case that has already produced two hung juries, one overturned conviction, and years of legal uncertainty.

The retrial centres on a single count: the third-degree rape of Jessica Mann, a hairstylist and actor, at a Manhattan hotel in 2013. Mann has previously testified that she had a consensual, on-and-off relationship with the then-married Weinstein, but that on the night in question she protested, telling him "I don't want to do this," and that she ultimately "just gave up" after he continued making advances. The charge is a lower-level felony carrying a maximum sentence of four years — less than Weinstein, 73 or 74 depending on the source, has already served. The trial is expected to last up to six weeks, and the sheer volume of publicity surrounding the case was immediately apparent: more than 80 prospective jurors asked to be excused during initial screening on Tuesday morning alone.

The proceedings come after a tangled series of legal outcomes. Weinstein's original 2020 New York conviction, which resulted in a 23-year prison term, was overturned in 2024 after an appeals court found irregularities in the way witnesses were presented. A retrial last year produced a mixed verdict — he was convicted of sexually assaulting film producer Miriam Haley, acquitted on a separate charge involving model-turned-psychotherapist Kaja Sokola, and the jury deadlocked on the Mann rape count after the foreperson refused to continue deliberating. Weinstein is also serving a 16-year sentence from a California case, with a related appeal hearing scheduled later this month.

A notable development emerged even before jury selection formally began. Prosecutors indicated they may seek to introduce a newly disclosed remark Weinstein allegedly made to a court officer immediately after his 2020 conviction, reportedly saying: "If you had seen these girls, you would have done the exact same thing." His new defence team, led by Marc Agnifilo — who also represents rapper Sean Combs — called the potential evidence "far-fetched" and argued it was too late to introduce it. Judge Curtis Farber has yet to rule on the matter. Weinstein's spokesperson said ahead of Tuesday's hearing that his client "is hopeful and expects a fair process where the facts will vindicate him."

Weinstein built one of Hollywood's most powerful empires, backing Oscar-winning films including "Shakespeare in Love," "Pulp Fiction" and "Chocolat," before allegations of widespread sexual misconduct emerged in 2017 and he became a symbol of unchecked abuse in the entertainment industry. He now attends court in a wheelchair due to deteriorating health and has described his conditions at New York's Rikers Island jail — a facility long criticised for overcrowding and violence — as dangerous, claiming he was punched in the face while waiting to use a telephone. Whatever the outcome of this retrial, he will remain imprisoned on his other convictions.