What you learn from inside the courtroom while reporting on the Harvey Weinstein trial

From the selection of jurors to the theories of forensic psychiatrists, the Weinstein trial has so far been captivating – even if it means getting up at 5am with seven layers on

Weinstein has used his now-infamous walker for some court appearances, though not all of them (Getty)

The 2020 tax season began on Monday this week in the US. My accountant swiftly sent me an email acknowledging this momentous time of the year, gently reminding me it might be time to start gathering the necessary documents. “It might take me a few weeks to gather everything,” I told him, earnestly yet somewhat obnoxiously. “I’m a journalist covering the Harvey Weinstein trial, so my schedule has been... chaotic recently.”

I’m not a fan of using the “I’m a journalist, my life is so complicated, do you even know how busy I am?” excuse, but in this instance, I was being truthful. In the past few weeks, I have waited outside in below-freezing temperatures to get one of 100 coveted spots inside the courtroom, spoken with some of the women who have come forward against Weinstein, shared my thoughts about what it means to interview people who say they’ve been subjected to sexual misconduct, spoken to a former federal prosecutor about the complicated jury selection process, and more.

I’ve also been invited to speak twice on The Takeaway, a morning radio news programme hosted by WNYC, about my experiences covering the trial.

All this to say, life has been very busy and very Weinstein-centric recently. Daily activities have involved last-minute hand-and-foot-warmer purchases (for the aforementioned early-morning wait outside the courthouse), packing and grabbing random snacks, cancelling plans, making new plans, catching the colds of the other reporters jostling for access alongside me, and being that annoying person who can’t commit to anything because the Weinstein courtroom might erupt at any hour of the day.

But the last thing I would do is complain. For one thing, if the hardest, most physically demanding part of your job is standing outside a building in Manhattan for a couple of hours… then you’re still definitely privileged. And for another, being present at this historic trial feels like a huge privilege in itself: the world’s eyes are on Weinstein right now, and it’s truly fascinating to be in the middle of the circus.

Before the trial even began, it had its controversies. Jury selection took two weeks, which is on the longer side of things for proceedings of this kind. As is customary, both the defence and the prosecution were able to dismiss potential jurors – some with cause and some without. Dozens of people were excused, mainly over neutrality issues.

At one point, the prosecution notably accused the defence of systematically eliminating young women who had been selected as potential jurors. To that, the defence said it wasn’t making a targeted effort against young women, but wanted to ensure that the panel would comprise people who could understand what interactions were like between men and women in the Nineties because, according to Weinstein attorney Arthur Aidala, “that was a different time in New York and on planet Earth”. Eventually, both sides settled on seven men and five women for the main panel of 12. Three alternate jurors have also been picked in case one of the main 12 needs to drop out during the proceedings.

Inside the courtroom, I have watched the prosecution attempt to paint a realistic picture of sexual assault and what things look like for survivors. Crucially, a forensic psychiatrist told the jury in the first week of testimony that most victims know their attackers and that it’s common for them to remain in touch with said attackers after the fact. Sexual assault and rape, we were told, are not just committed by strangers in dark alleys. The reality is often more complex and more insidious than that.

It’s unclear whether jurors will find Harvey Weinstein guilty of the allegations against him in New York. But regardless of the verdict, the Weinstein trial has become a crucial platform for conversations about sexual assault. It’s a chance for the public to interrogate their own opinions and even, perhaps, to change them. There’s never been a better time to pay attention – and I’ll still be doing so on the courtroom floor in the coming weeks, making sure I write everything down so I can communicate it back to Independent readers.

Yours,

Clémence Michallon

US culture writer