Harvey Weinstein returned to a New York courtroom Tuesday, smiling as jury selection began for the retrial of his high-profile sexual assault case. But Bernard Cody, foreman of the jury that convicted Weinstein in 2020, says the disgraced producer may not be smiling for long. “We were there for weeks and saw all the evidence,” Cody told NBC News. “I still stand by it.”

Weinstein was convicted in 2020 of third-degree rape and a first-degree criminal sexual act, based on testimony from former “Project Runway” production assistant Miriam Haley and actress Jessica Mann. That verdict was overturned in 2024 by the New York Court of Appeals, which ruled the judge had unfairly allowed testimony about uncharged accusations. Much of the original evidence will likely be reintroduced in the new trial, expected to run for six weeks.

In addition to the original charges, Weinstein now faces a new count of first-degree criminal sexual act involving a third accuser, identified only as Jane Doe, who alleges he assaulted her in 2006 at a Manhattan hotel. “Her story is not mine to tell, but she will tell it on the witness stand,” her lawyer Lindsay Goldbrum said.

Bernard Cody, the foreman of the jury that convicted Harvey Weinstein in 2020.

Weinstein, 73, remains incarcerated at Rikers Island while receiving treatment for bone marrow cancer. He was also convicted of rape in California in 2022 and faces a 16-year sentence there.

Despite the serious charges, Weinstein expressed optimism as he entered court. “Today I walk into court a free man in New York and I expect to walk out the same way,” he said.

Weinstein’s attorney, Arthur Aidala, acknowledged the difficulty of seating an impartial jury, given Weinstein’s public reputation. “It’s like climbing Everest,” he told NBC News. Aidala also said it’s possible Weinstein could testify this time, something he didn’t do in 2020.

Cody, now a bystander to the case he helped define, urged future jurors to listen closely and keep detailed notes. “Just make sure they make the right decision,” he said. “These women fought hard to have their day in court.”