Harvey Weinstein had a big smile on his face Tuesday when he showed up in a New York City court for the retrial of his landmark sexual assault case that defined the #MeToo movement, but the foreman of the jury that convicted him in 2020 said the disgraced Hollywood producer may not be grinning when this trial is over.
Bernard Cody, speaking exclusively to NBC News, said that he's interested to see how the retrial plays out but that he stands by the verdict reached at the first trial.
"We were there for weeks and saw all the evidence," Cody, 62, said. "I still stand by it."
The verdict that Cody and his fellow jurors reached was overturned in April 2024 after the state Court of Appeals found that the judge had tipped the scales against Weinstein by allowing women to testify about allegations that weren’t part of the case.
Jury selection got underway Tuesday, and much of the evidence that resulted in Weinstein being convicted five years ago of the third-degree rape of one woman and a first-degree criminal sex act against another woman is likely to be reintroduced. His retrial is expected to last six weeks.
Just as before, Weinstein has pleaded not guilty to charges of first-degree criminal sexual act and third-degree rape based on complaints by a former "Project Runway" production assistant, Miriam Haley, and actress, Jessica Mann. Both testified against Weinstein at the 2020 trial and are expected to testify again.
But this time, Weinstein also pleaded not guilty to an additional charge of first-degree criminal sexual act for the alleged sexual assault of a third woman identified only as Jane Doe who said the movie mogul assaulted her in 2006 at a Manhattan hotel.
"This was sexual assault with force," her lawyer, Lindsay Goldbrum, said. "Her story is not mine to tell, but she will tell it on the witness stand when the time comes."
Weinstein arrived at court Tuesday dressed in a suit and said he's been waiting for his day in court and is expecting a different outcome this time.
"I’ve been waiting for this day for a long time, today I walk into court a free man in New York and I expect to walk out the same way," Weinstein, 73, said in a statement.
Weinstein is being held in jail at Rikers Island and has been receiving treatment for bone marrow cancer. Weinstein was convicted of rape in California in 2022 and has a separate 16-year sentence to serve there.
Ahead of jury selection, Weinstein's lawyer Arthur Aidala said that the accusations against Weinstein have made him a public pariah and will make it hard to seat an impartial jury.
"I think it’s an uphill battle, because unlike almost every case I've tried, when the jurors walk into the courtroom and all those other cases, they don’t have a preconceived notion," Aidala, who represented Weinstein during the 2020 trial, told NBC News in an interview for "Top Story."
"And in my opinion, the biggest hurdle we have," he said. "It’s like climbing Everest."
Aidala said he hasn't ruled out the possibility that Weinstein, who did not testify in 2020, could take the stand in his own defense.
"He has always wanted to take the stand, and it’s kind of defense attorney 101 that you try to do everything you can not to make that happen," Aidala said.
Cody said he will be following the Weinstein retrial closely.
“I am interested to see how this will play out,” Cody said. “It’s crazy, all the back and forth in this case.”
Asked if he had any advice for potential jurors, Cody replied, "Listen very carefully and keep detailed notes.”
"Just make sure they make the right decision," he said. "These women fought hard to have their day in court."
