Harvey Weinstein is unlikely to walk free again no matter the results of his trial. Still, the stakes are high

State prosecutors are once again trying Harvey Weinstein for sex crimes in New York. Whatever the jury decides, the film mogul will likely never be free from prison again, but the stakes of the case are still incredibly high.

Weinstein faces three sex crimes count— two are the same as in the initial New York trial, while one is a new charge. The criminal counts stem from alleged encounters with three women: production assistant Miriam Haley, aspiring actress Jessica Mann, and former model Kaja Sokola, who accused him of assault. He has pleaded not guilty. It was similar claims against the former film mogul that helped kick off the #MeToo movement, where sexual assault accusers spoke out against their alleged attackers.

The 73-year-old was convicted in New York in 2020 and then in Los Angeles in 2022. But the victories for the movement waned after an appeals court in New York last year overturned his sexual assault and rape conviction. The fate of this trial could rebrand Weinstein as a rapist or formally clear his name in the state; it could also help dictate the future of the #MeToo movement.

The case is unique, in part due to the overturned conviction that has resulted in an eight-year gap between when Weinstein first faced a mountain of sexual misconduct allegations and this month’s retrial. It’s unclear which side time will favor.

But one thing is clear: the fanfare around his case seems to have dwindled with time. Five years ago, more than 100 women packed into the park across from Manhattan criminal court to chant an anti-rape anthem while Weinstein was criminally tried inside. This time around, the park was empty. Only a handful of members of the public showed up to his retrial.

The women in the case have been attacked after coming forward, including one who was accused of being a prostitute, Lindsay Goldbrum, Sokola’s attorney, said at a mid-day press conference. The outcome of this case could potentially influence others’ willingness to speak out — especially eight years since #MeToo kicked off.

Asked about the lack of supporters outside the courthouse, Goldbrum said: “I think that there’s been a shift in the media attention surrounding this trial, not only because this is the third criminal trial party white seats of the sexual assault but also because of the environment and the other large scale criminal sexual assault trials that are going on and about to go on.”

The federal sex trafficking case against Sean “Diddy” Combs is set to begin in New York next month.

Although it may not be outside the courthouse Wednesday, the groundswell of support for survivors is still there, Gloria Allred, Haley’s attorney, said: “The #MeToo movement is alive and well and is living in New York.”

Goldbrum agreed, noting the strides that have resulted from the movement: “There’s been incredible changes in legislative surrounding sexual assault. I think as a society, we are starting to have a better collective understanding about the trauma that sexual assault survivors have faced.”

The jury heard opening statements in court Wednesday. Both the prosecution and defense agreed on two things: Weinstein is extremely successful and he held the “key” to the industry as “Hollywood’s gatekeeper.”

Inside the courtroom, Assistant District Attorney Shannon Lucey branded Weinstein as the “gatekeeper” who “held power for 30 years in that industry.”

“Weinstein had enormous control over those working in TV and film because he determined who was in and out,” she said. “He used those dream opportunities as weapons.”

Lucey walked through each of the accusers’ accounts one by one, detailing their allegations of forced sex by the film mogul with the calmness of a well-trained therapist. The jury saw photos of each of the women; the prosecutor repeatedly pointed out the size difference between Weinstein and the women as part of her argument to underscore just how much power — physically and professionally — Weinstein possessed.

Arthur Aidala, Weinstein’s defense attorney, delivered very impassioned remarks in which he placed blame on the accusers and insisted their alleged encounters with his client were consensual. He called the three women “manipulative” and “conniving.”

“He can get you in the door. They all realized he had the key to get them into that room,” Aidala told the jury. The women were flirtatious, he argued: “They wanted him. He could change the trajectory of their lives.”

He mentioned the industry’s transactional history. “The casting couch was not a crime scene. Was it immoral? 100 percent.”

Aidala also tried to cast doubt in the jurors’ minds of all of the accusers’ allegations. He focused on money that Weinstein’s accusers received from a hefty settlement over civil suit allegations of sexual misconduct.

“There are 4 million reasons to lie. That’s how much they all took: $4 million after making accusations,” Aidala said.

The defense attorney also argued that the allegations against his client are just “pages” but the jury needs to “read the whole book” for context.

These women used Weinstein to try to get ahead, he argued. They “tried to cut the line, they tried to take a shortcut.” These encounters were consensual and transactional, Aidala argued. He then pointed out how Weinstein cheated on his wife before underscoring: “There’s a lot of real estate between immorality and criminality.”

Last week, the judge ruled Weinstein — who suffers from chronic myeloid leukemia and other ailments — could remain in the hospital for the duration of the trial. He rolled into the courtroom Wednesday in a wheelchair.

The disgraced film mogul is unlikely to see life outside of prison regardless of the trial’s outcome because he has yet to start serving his 16-year sentence following his California conviction on similar allegations.

Still, the stakes are high in New York for his future and, potentially, the trajectory of #MeToo.