Harvey Weinstein prosecutors aim for fall retrial after N.Y. rape conviction is overturned

Prosecutors said Wednesday they plan to retry Harvey Weinstein in the fall after a New York appeals court overturned his 2020 rape conviction.

Weinstein appeared before Judge Curtis Farber in Manhattan Criminal Court around 2:15 p.m., his first appearance since his conviction was overturned.

He entered the field in a wheelchair and looked much skinnier.

Much of the discussion centered on whether Weinstein should be released and whether there would be a new trial.

Weinstein’s lawyer, Arthur Aidala, asked that his client be allowed to stay at the hospital where he was being treated.

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 in prison…it remains a strong case,” Blumberg said.

Blumberg told the judge they will “retry the case.”

“We think it will be an early fall trial, maybe as early as September,” she said.

The judge sent him back to Bellevue Hospital for treatment and set a pretrial hearing for May 29 at 10 a.m.

The state Court of Appeals overturned his conviction last Thursday by a 4-3 vote, and Weinstein was hospitalized days later for a battery of tests.

The appeals court found that the judge in the landmark #MeToo trial prejudiced Weinstein by making inappropriate decisions, including allowing women to testify about allegations that were not part of the case.

The court stated that “the trial court erroneously admitted testimony about alleged, uncharged, prior sexual acts” and that “the testimony served no significant non-propensity purpose.” He said the court “compounded this error” by ruling that Weinstein, who had no criminal history, could be cross-examined “on these allegations as well as numerous allegations of misconduct that presented the defendant in a highly damaging day.”

Justice Jenny Rivera, writing for the majority, called the errors “egregious” and said the remedy was a new trial. In his dissent, Justice Anthony Cannataro wrote that the court’s decision was a “regrettable step backwards.”

Many of Weinstein’s accusers have expressed shock and disappointment at the turnaround. Manhattan District Attorney Alvin Bragg said he plans to retry the case.

Weinstein, 72, was serving a 23-year sentence in New York’s Mohawk Correctional Institution after being convicted of forcibly performing oral sex on a television and film production assistant in 2006 and of rape in the third degree for attacking an aspiring actress. in 2013.

On Friday, he was transferred to a medical ward at Rikers Island prison in New York. The next day, he was taken to Bellevue Hospital for further examination after being examined by Rikers doctors, said his attorney, Arthur Aidala.

Aidala said Weinstein “needs a lot of help physically” and has “a lot of problems.”

His spokesman, Juda Engelmayer, said last week that Weinstein used a walker and wheelchair and suffered from audio and heart problems.

Weinstein was convicted of rape in Los Angeles in 2022 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 could be extradited to California. His legal team is currently appealing the case.