Prosecutors said Wednesday they are aiming to retry Harvey Weinstein in the fall after a New York appeals court overturned his 2020 rape conviction.
Weinstein appeared before Manhattan Criminal Court Judge Curtis Farber around 2:15 p.m., his first appearance since his conviction was overturned.
He entered the court in a wheelchair and looked gaunt.
A Weinstein accuser, former aspiring actor Jessica Mann, sat in the second row, a few seats from Manhattan District Attorney Alvin Bragg. Mann, who was an aspiring actor, accused the former movie mogul of raping her in a New York City hotel in 2013.
Much of the discussion centered on whether Weinstein should be released and if there will be a new trial.
Weinstein’s attorney, Arthur Aidala, asked that his client be allowed to stay in the hospital where he was receiving treatment.
Assistant District Attorney Nicole Blumberg asked that he remain in custody.
“It was a strong case and he was convicted and sentenced to 23 years…it remains a strong case,” Blumberg said.
Blumberg told the judge that they “will retry the case.”
“We think early fall date, possibly as early as September for a trial,” she said.
The judge remanded him back to Bellevue Hospital for treatment and set a discovery hearing for May 29 at 10 a.m.
The state Court of Appeals last Thursday overturned his conviction in a 4-3 decision, and Weinstein was hospitalized days later for a battery of tests.
The Court of Appeals found that the judge in the landmark #MeToo trial had prejudiced Weinstein with improper rulings, including a decision to let women testify about allegations that weren’t part of the case.
The court said that the “trial court erroneously admitted testimony of uncharged, alleged prior sexual acts” and that the “testimony served no material non-propensity purpose.” It said the court “compounded that error” when it ruled that Weinstein, who had no prior criminal history, could be cross-examined “about those allegations as well as numerous allegations of misconduct that portrayed defendant in a highly prejudicial light.”
Judge Jenny Rivera, writing for the majority, called the errors “egregious” and said the remedy was a new trial. In his dissent, Judge Anthony Cannataro wrote that the court’s decision was an “unfortunate step backwards.”
Many of Weinstein’s accusers expressed shock and disappointment with the reversal. Bragg said he planned to retry the case.
Weinstein, 72, had been serving a 23-year sentence in New York’s Mohawk Correctional Facility after he was found guilty of forcibly performing oral sex on a television and film production assistant in 2006 and rape in the third degree for an attack on an aspiring actress in 2013.
On Friday, he was transferred to a medical ward at Rikers Island jail in New York City. The following day, he was taken to Bellevue Hospital for a more thorough exam after he was checked out by doctors at Rikers, his attorney, Arthur Aidala, said.
Aidala said Weinstein “needs a lot of help, physically” and has “a lot of problems.”
His spokesperson, Juda Engelmayer, said last week that Weinstein uses a walker and wheelchair and has audio and heart issues.
Weinstein was convicted in Los Angeles in 2022 of rape and sentenced to 16 years in prison. He was acquitted of one count of sexual battery in that case.
Engelmayer said last week that Weinstein may be extradited to California. His legal team is currently appealing that case.
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