In May 2018, Mr. Weinstein was charged with a criminal sexual act against Ms. Evans and with the 2013 rape of the unidentified woman.
Two months later, prosecutors charged Mr. Weinstein with forcing oral sex on another woman, film production assistant Mimi Haleyi, in 2006, and with predatory sexual assault, which essentially means committing serious sex crimes against more than one person. The predatory sexual assault charge is especially significant because it exposes Mr. Weinstein to a potential life sentence. To further support that charge, the actress Annabella Sciorra is expected to testify that Mr. Weinstein raped her in Manhattan in 1993.
But cracks appeared in the case.
In October 2018, the charge based on Ms. Evans collapsed when contradictory accounts and alleged police misconduct came to light. Ms. Illuzzi said the lead detective on the case, Nicholas DiGaudio, had failed to inform prosecutors that a friend of the young woman claimed that Ms. Evans had agreed to perform oral sex on Mr. Weinstein after he promised her acting jobs in return.
Ms. Evans insisted she had never consented, and Mr. DiGaudio denied withholding information from the prosecutors, but he was removed from the case. Since then, Sgt. Keri Thompson, who oversaw the inquiry, has come under internal investigation for allegations of misconduct unrelated to the Weinstein case.
For those reasons, prosecutors are not intending to call any police officials to testify in the criminal trial. Instead, Mr. Weinstein’s lawyers are likely to seek to subpoena Sergeant Thompson and Mr. DiGaudio, in an effort to discredit the case.
Mr. Weinstein has released warm emails that he and the alleged 2013 rape victim exchanged for years after the purported attack. In one, they discussed meeting the woman’s mother. In another, she wrote, “I love you, always do. But I hate feeling like a booty call.
.” He also produced a text message that Ms. Haleyi sent him months after her alleged attack: “Hi! Just wondering if u have any news on whether Harvey will have time to see me before he leaves? X Miriam.”
Many of Mr. Weinstein’s accusers have said they maintained contact with him after being preyed on by him, because of his power as a producer. But Donna Rotunno, Mr. Weinstein’s lawyer, said of the messages from the women in the criminal case: “These are women who spent time with him over periods of time and I think we have evidence to show that the time was nothing but positive and favorable.”
In a CBS interview, Ms. Rotunno said the #MeToo movement “allows the court of public opinion to take over the narrative” and “puts you in a position where you’re stripped of your rights.”
A Pattern of Predation
In recent months, the prosecution won a major victory: the ability to call three additional women who said Mr. Weinstein had abused them. These witnesses, whose allegations are too dated to prosecute, could help override some of the prosecution’s constraints — the small number of victims, the short arm of the statute of limitations. The women, whose names have not yet been disclosed, may bring to life for jurors the pattern of the producer’s alleged predation and its details, many of them consistent in accounts from woman to woman, year to year.
In the prosecution of Bill Cosby, such witnesses made all the difference. His first criminal trial, in which they were not allowed, ended in a mistrial in 2017. But in a second trial in 2018, additional victims testified, and Mr. Cosby is now a Pennsylvania prison inmate.
The defense’s grilling of the alleged victims is likely to create some of the most dramatic moments of the trial. Former prosecutors say that cross-examination will be long, painful for the women, and require deftness from Ms. Rotunno, whose natural forcefulness could backfire.
“If your claim is that someone is lying then you’ve got to act like they’re lying,” said Daniel C. Richman, a Columbia law professor and former prosecutor.
The defense’s greatest challenge may be Mr. Weinstein himself, even though he is not expected to testify. “Right or wrong, fairly or unfairly — who is more despised than Harvey Weinstein?” said Mr. Bederow, the defense lawyer.
Mr. Weinstein parted ways from Benjamin Brafman, who has a record of acquittals for high-profile clients; then a supposed “dream team” of defense lawyers collapsed. Mr. Weinstein was the person who insisted on obtaining the old emails with the two women at the core of the case. But he has also overdirected, undermined, second-guessed and frustrated lawyers who were trying to help him.
In an email to a Times reporter, Mr. Weinstein said he had been “studying every aspect of the case.” He broke with Mr. Brafman because of “different approaches to how to deal with the trial,” he said, adding, “I felt it was important to have a woman on the team.”
Mr. Weinstein has sometimes irritated Justice James M. Burke, who will hear his case and shape many of the critical decisions of the trial, such as whether the defense will be able to air the questions of police misconduct. A former prosecutor in the Manhattan district attorney’s office, where he worked for 12 years, Justice Burke is known as a prickly but fair-minded jurist with little tolerance for legal showboating or incompetence.
Though the judge agreed to dismiss one of the charges against Mr. Weinstein, he has ruled against the defendant and his lawyers on numerous other issues. He has snapped at Mr. Weinstein not to use his cellphone in the courtroom and told the producer, who was about to undergo back surgery for injuries from a car accident, that the trial would be held with or without him regardless of his health.
On Monday, Justice Burke will lay out the timeline for the trial, which will begin with two weeks of jury selection — no simple matter, given Mr. Weinstein’s notoriety. Two thousand summonses were issued in the hope of getting 500 potential jurors to report Tuesday to the State Supreme Court, where the judge and lawyers for both sides will begin whittling the pool down to 12 people and six alternates, said Lucian Chalfen, a court spokesman.
“Picking a jury in this case will require extraordinary candor not only by prospective jurors, but also an extraordinary amount of patience from the court to allow the attorneys to explore in a meaningful way what peoples’ values, beliefs and biases are,” said Josh Dubin, a New York lawyer who specializes in analyzing and selecting juries.
“This is exactly the type of case where jury selection is critical — the lights are shining bright here,” he said.