- Harvey Weinstein appeared in court for the first time since New York’s highest court overturned his conviction.
- Prosecutors want a new trial in September.
- Weinstein’s separate 16-year prison sentence in Los Angeles is also under appeal.
Harvey Weinstein appeared in court Wednesday for the first time since last week’s explosive ruling overturning his New York rape conviction.
At Wednesday afternoon’s hearing, Trial Judge Curtis Farber set a new trial date “after Labor Day” this year. Prosecutors said they would be ready for a new trial as early as September.
New York State’s highest court overturned the former movie mogul’s conviction in 2020. In a 4-3 decision, the court ruled that trial judge James Burke of the New York Supreme Court, had erred in allowing testimony from other women who alleged that Weinstein had sexually assaulted them, even though he was not accused of that conduct. Burke has since left his position, leaving the matter in Farber’s hands.
As prosecutors sought to show jurors that Weinstein repeatedly abused women, the New York Court of Appeals said such testimony was “highly prejudicial” and served to “diminish the defendant’s reputation before the jury.
“The remedy for these egregious errors is a new trial,” the justices wrote.
At the 2020 trial, jurors found Weinstein guilty of rape of a woman and first-degree criminal sexual conduct with another woman. The Manhattan District Attorney’s Office has said it wants to put him on trial again, which would require both women to take the witness stand and submit to cross-examination by his lawyers a second time.
Weinstein, seated in a wheelchair, was brought into the cold courtroom – two floors lower than where former President Donald Trump is sitting his trial at the Manhattan criminal courthouse – where he was photographed next to his lawyers.
One of his lawyers, Arthur Aidala, objected to allowing press photographers, saying there were “a million photos” of Weinstein taken during his two criminal trials and his life as a celebrity film producer.
Burke said the objection was “noted.” Earlier, he had clicked on the angular Tiffany-style lamp sitting on his bench, providing more illumination for the photographers.
Manhattan District Attorney Nicole Blumberg said she would be prepared to take the case to a new trial as early as September. After speaking with attorneys, Burke said the trial would begin “sometime after Labor Day, the exact date to be determined,” after additional hearings.
Jessica Mann, one of Weinstein’s accusers, was in the courtroom for the hearing. Blumberg said Mann was “determined to see justice once again served.”
“We are confident that the defendant will be resentenced after the trial,” Blumberg said.
Weinstein “has very, very serious health problems” – including diabetes and heart problems – but was well cared for at Bellevue Hospital in Manhattan, Aidala told the judge.
“He’s as sharp as a bug, he’s smart as he always was, he’s read hundreds of hundreds of books,” Aidala said.
Weinstein is serving his now-vacated 23-year sentence in New York’s Mohawk Correctional Facility, but he still won’t be released.
Burke said Weinstein would be released to the care of the New York City Department of Corrections “with the consent” of its legal team.
And in Los Angeles, Weinstein was convicted of rape in a separate trial and sentenced to an additional 16 years in prison.
His legal team is also appealing this conviction. Jennifer Bonjean, the lawyer representing him in the appeal, watched the proceedings in the Manhattan courtroom from the front row.
Aidala said the Los Angeles conviction was also in question, since jurors were told about the New York conviction – which has now been overturned.
As he was led out of court at the end of the hearing, Weinstein punched members of his legal team from his wheelchair.
businessinsider
