A New York jury of seven women and five men are nearly set to begin deliberations in his sexual assault and rape retrial on after the disgraced movie mogul's defense concluded its closing argument Tuesday afternoon.

Weinstein did not testify as part of his 2020 trial in New York, nor did he testify in his California case on sexual assault. Aidala noted that the decision to testify is ultimately up to the client, and that one of his partners had spent the majority of Memorial Day weekend prepping Weinstein for possibly taking the stand.

This decision marks the third time Harvey Weinstein, 73, has chosen not to take the stand in his criminal trials, echoing his strategies in both his original 2020 New York trial and his 2022 Los Angeles case.