Harvey Weinstein facing September retrial after New York rape conviction overturned

Harvey Weinstein, disgraced Hollywood producer, is set to be retried as early as September, a New York court decided on Wednesday in the first hearing since the movie mogul’s conviction for rape and sexual assault was overturned.

Weinstein, 72, using a wheelchair, appeared in the courthouse in lower Manhattan this afternoon.

The hearing was the first step in the path to retrying the case. Both the prosecutors and attorneys for Weinstein were given a chance to address next steps.

Arthur Aidala, an attorney for Weinstein arrived at the Manhattan courtroom around 2pm ET, when the hearing was scheduled to begin. Gloria Allred, the famed attorney who has represented some of Weinstein’s accusers, was also spotted in the hearing as was Manhattan District Attorney Alvin Bragg and Jessica Mann, a former actress who accused Weinstein of rape during his New York criminal trial.

A New York court officer wheeled in Weinstein, who was pictured handcuffed upon his arrival at the court but didn’t have them during his courtroom appearance, to his hearing.

On Friday, Weinstein was transferred from his prison in upstate New York to Rikers Island jail ahead of the hearing. He was later taken to Bellevue Hospital in Manhattan for ongoing tests as his health continues to decline, Mr Aidala said.

During the hearing, Mr Bragg reaffirmed his commitment to undertaking another trial.

“We believe in this case and we will be retrying the case,” he said, while requesting a fall 2024 trial from Manhattan Supreme Justice Curtis Farber. The District Attorney asked for proceedings to begin as early as September 2024. Assistant District Attorney Nicole Blumberg said her office is confident that Weinstein will be convicted again.

Meanwhile, Mr Aidala reiterated that his client is innocent.

Justice Farber asked the parties to return to court on May 29, when a new trial date might be set for September.

Weinstein was convicted in 2020 of raping and assaulting two women. Last week, New York’s court of appeals ruled that the judge in that case made “egregious errors” by allowing prosecutors to call witnesses whose testimony was not related to the charges being tried.

His ailing health has also been a constant topic. “He’s got a lot of problems,” the attorney told reporters at a news conference. “He’s getting all kinds of tests. He’s somewhat of a train wreck healthwise.”

The movie mogul was also convicted in 2022 of raping a woman in California. He was scheduled to serve a 16-year prison sentence in the state once his 23-year New York sentence concluded. Now, his legal team is planning to appeal his California conviction.

The decision to overturn Weinstein’s New York conviction horrified the women who came forward against the him with revelations that sparked the #MeToo movement.

Ashley Judd, the first Hollywood actress to speak out against the producer, addressed last week’s ruling at a news conference.

“This is what it’s like to be a woman in America, living with male entitlement to our bodies.”

Ambra Battilana Gutierrez, a model who claimed Weinstein had groped her, criticized the latest decision and called on the Manhattan District Attorney’s Office to retry the case.

“This is an ongoing failure of the justice system — and the courts — to take survivors seriously and protect our interests,” Ms Battilana Gutierrez wrote on Instagram.

While the latest judicial decision is final, the Manhattan District Attorney’s Office has vowed to “do everything in our power to retry this case”.

Even if a new trial is not successful, Weinstein will still remain behind bars unless his California conviction is overturned as well.

Mr Aidala said that his client is trying to make the most out of his prison sentence while speaking at a news conference.

“Harvey Weinstein was used to drinking champagne and eating caviar, and now he's in the commissary paying for potato chips and M&Ms,” Mr Aidala said. He added that his client has been getting along with other inmates and has not been in any altercations since starting his prison sentence.

“He's an older, sickly man who is not a threat to anybody,” Mr Aidala continued. “He's very generous and friendly to people.”

Ms Allred, who spoke at the same news conference, said that she does not know if Miriam “Mimi” Haleyi, one of six women who testified in Weinstein’s 2020 trial, would be willing to take the stand again.

“She has stated that the vacating of the conviction was retraumatizing to her and that it will be even more traumatic to testify once again,” Ms Allred said.

As questions about what the recent decision means for #MeToo movement, the attorney held up a sign reading “The ‘ME TOO’ Reckoning Will Continue,” in red letters.

“This movement is alive and well in New York and California and in many other states,” she said.