NEW YORK, United States (AFP) — The retrial of disgraced movie mogul Harvey Weinstein on a rape charge on which a jury was previously deadlocked started Tuesday, although he will remain imprisoned for other offences regardless of the verdict.

Weinstein is accused of the third-degree rape of Jessica Mann, who starred in the 2015 romantic comedy This Isn’t Funny.

The judge declared a mistrial last June after the jury foreperson refused to return to deliberate the case amid a jury-room feud.

Weinstein is being retried on that count in the Manhattan court, and the process of jury selection began Tuesday after a number of rulings by Judge Curtis Farber, who said the defence had sought to delay the trial.

Jury selection to pick 12 jurors could last several days.

Weinstein’s spokesman Juda Engelmayer told AFP ahead of Tuesday’s hearing: “He is hopeful and expects a fair process where the facts will vindicate him.”

Weinstein, 74, and wheelchair-bound by ill-health, 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 with a hearing scheduled for April 23.

He appeared gaunt as he was wheeled in on Tuesday. He wore a grey-textured tie and dark suit, and a court officer unshackled him before potential jurors entered court.

Weinstein spoke in a slow, deep voice to confirm he agreed to a legal technicality.

The Oscar-winning Weinstein has faced a litany of prosecutions since sexual assault allegations against him exploded into public in 2017 — helping to spur the “MeToo” movement.

The jury in June’s proceedings convicted Weinstein of sexual assault against movie producer Miriam Haley. He is appealing that conviction. He was acquitted of sexual assault against Polish-born actress Kaja Sokola.

Farber said Weinstein could not be cross-examined on the convictions that are being appealed.

Haley testified in Weinstein’s original 2020 conviction, which resulted in a 23-year prison term, which was thrown out in 2024 after an appeals court found irregularities in the way witnesses were presented.

Weinstein has hired a new legal team, including Jacob Kaplan as well as Marc Agnifilo who represents high profile figures including rapper Sean “Diddy” Combs.

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.

He claimed to have been punched “hard in the face” while waiting to make a telephone call in the prison.

“I fell on the floor, bleeding everywhere. I was hurt really badly,” he told the Reporter.