Volkswacht Bodensee - Rape retrial hears Weinstein 'preyed' on aspiring US actress

Weinstein, a central figure of abuse allegations that spurred the MeToo movement, appeared at the New York City courtroom wheelchair-bound due to ill health.

He is being retried on a count of third-degree rape against Mann that allegedly happened in 2013 in a Manhattan hotel room.

Last June, a judge declared a mistrial on the charge after the jury foreperson refused to return to deliberate the case amid a jury-room feud.

Weinstein, 74, is already imprisoned for other sex offenses, so he will remain behind bars regardless of the retrial verdict.

"This case will come down to power, to control and manipulation," said Assistant District Attorney Candace White.

She told how Weinstein used his Hollywood clout to take advantage of Mann -- then a 27-year-old "barely scraping by" -- including by enticing her with a role in a movie that she had no chance of getting.

Mann's childhood background of abuse and a sexual assault made her the "perfect target" for Weinstein, the prosecutor told the jury.

"The defendant preyed upon a fragile and sheltered young woman," White said.

Weinstein, who wore a suit, appeared engaged through the proceedings and watched along as lawyers delivered their opening statements.

His attorney Jacob Kaplan sought to dismiss Mann's rape allegation by pointing to four years of contact between her and Weinstein, ending after other actresses came forward with claims against him in 2017.

He countered that the case is actually "about consent, about choice and about regret."

Kaplan said the pair had a consensual sexual relationship and pointed to "loving and supportive" messages they exchanged by email.

"This case will be her word against her own word," he said, arguing that Mann masked her ties with Weinstein as "she didn't want others to think that she was sleeping her way to success."

- Avalanche of allegations -

The trial is set to demonstrate the power dynamics of the movie industry, particularly for young women, as well as the complexities of rape trials.

In a bid to clarify Mann's relationship with Weinstein, the prosecution said it will call a forensic psychologist to explain the sometimes "counterintuitive behavior" of sexual assault victims.

Weinstein is already serving a 16-year prison term in a California case for the rape of a European actress more than a decade ago.

He is appealing that conviction, and another from the trial in June.

Before their foreperson quit, the jury convicted Weinstein of sexual assault against movie producer Miriam Haley and acquitted him of the same alleged crime against Polish-born actress Kaja Sokola.

Weinstein has hired a new legal team including Marc Agnifilo, who represents high profile figures including rapper Sean "Diddy" Combs.

The Oscar-winning Weinstein has claimed to be under threat at the notorious Rikers Island jail complex in the Bronx where he is being held, leaving him mostly in solitary confinement.

"I'm constantly threatened and derided. I wouldn't last long out there," he told the Hollywood Reporter at the start of the year.

Weinstein was known for his fiery temper, and the industry had long been rife with suggestions that he took advantage of his power to sexually exploit women.

In 2017, blockbuster investigations by the New Yorker and the New York Times laid bare a series of claims by young women that triggered an avalanche of allegations from more than 80 complainants and prompted the global MeToo movement.

E.Gasser--VB