Harvey Weinstein Faces New Trial After Rape Conviction Was Overturned
Disgraced producer Harvey Weinstein is facing a retrial in autumn.
This comes less than a week after his 2020 rape conviction. He was sentenced to 23 years in prison which was overturned by the New York Court of Appeals.
The panel ruled 4 to 3, claiming that the judge overseeing the former Hollywood mogul’s trial “erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes.”
“The remedy for these egregious errors is a new trial,” the court said.
And a new trial he’ll get.
The former film producer, once known as Hollywood’s kingmaker, was brought into a packed court in New York as prosecutors sought a retrial.
Once a powerful figure, Weinstein was “wheeled into New York court in handcuffs with a telltale tag on cuff of his new suit.” The post on X was published by internet personality and political commentator Dom Lucre.
The 72-year-old’s attorney said he was appearing in court despite a recent hospitalization. “It seems like he needs a lot of help, physically. He’s got a lot of problems. He’s getting all kinds of tests. He’s somewhat of a train wreck health-wise,” explained Attorney Arthur Aidala.
Weinstein’s court date on May 1 was his first public appearance since his 2020 conviction for sexual assault.
During the session, Assistant DA Nicole Blumberg acknowledged the presence of one of his victims: Jessica Mann. According to Blumberg, Mann was there “to show she’s not backing down and is here to make sure justice is served once again. He may have power and privilege, but she has the truth.”
However, it might be tricky for the survivor’s lawyer to build a case a second time. Miriam Haley, key to the Miramax cofounder’s conviction, has reservations about returning to court. “It was retraumatizing and grueling and exhausting and all the things. I definitely don’t want to actually go through that again.” Haley explained.
“But for the sake of keeping going and doing the right thing… I would consider it.”
She added that “the Molineux witnesses would not be allowed to testify in a retrial,” saying they “got their day in court, which I feel provided crucial information about the predatory pattern and character of Mr. Weinstein.”
This might be her lawyer’s opinion as well since many believe the “prior bad acts witnesses” led to the overturned conviction.
“It is an abuse of judicial discretion to permit untested allegations of nothing more than bad behavior that destroys a defendant’s character but sheds no light on their credibility as related to the criminal charges lodged against them,” Judge Jenny declared.
That said, Weinstein will remain in custody because of a separate conviction from a California trial. Its legal proceedings saw him receive a 16-year term for forced oral copulation, rape, and sexual misconduct. His legal team wants to appeal that conviction as well.
Aidala said, “His conviction was inserted into that case. If that doesn’t call for a new trial, I don’t know what does,” he wrapped up.
Jennifer Bonjean, who is handling Weinstein’s California appeal, is on the same page. She told Variety, “At the time the jury was deciding the evidence in California, they were working under the assumption and the belief that he had properly been convicted in New York. Now we know that’s not true.”
The judge scheduled the next hearing for May 29. The new trial is expected to take place sometime after Labor Day.
