Benjamin Jones
NEW YORK – The Manhattan district attorney’s office wants a new trial for Harvey Weinstein in September.
The trial is expected to begin sometime after Labor Day.
Change comes later Weinstein’s 2020 rape conviction was overturned by an appeals court last week.
In February, his lawyers argued before the New York Court of Appeals that he did not receive a fair trial. In a 4-3 decision last week, the court overturned Weinstein’s 23-year sentence saying “the trial court erroneously admitted testimony of uncharged prior alleged sexual acts.”
In dissent, a judge wrote that the ruling was “putting at risk decades of progress in this incredibly complex and nuanced area of law” regarding sex crimes.
Weinstein remains behind bars because he was convicted of rape in Los Angeles in 2022, and sentenced to 16 years. He is currently at Bellevue for Medical Care.
His lawyers say they plan to appeal the case in California.
Seeking a new trial
Six women testified on Weinstein’s behalf, although he faced charges related to three.
He was found guilty four years ago of forcibly performing a sexual act on a woman and third-degree rape by attacking another woman. He was acquitted of charges of predatory sexual assault and first-degree rape.
The decision shocked and disappointed women who celebrated historic achievements during the #MeToo era, a movement that kicked off a wave of sexual misconduct allegations in Hollywood and beyond.
Manhattan District Attorney Alvin Bragg was not the district attorney during the previous Weinstein trial. He says he will try the case again.
“Talk to survivors, focus on their well-being and seek justice,” Bragg said Wednesday.
Weinstein and accuser appear in court
Weinstein, 72, was noticeably thinner and paler when he appeared in court Wednesday in a wheelchair. He smiled and greeted everyone he knew in the front row behind the defense table as he entered the courtroom. He did not speak in court.
Jessica Mann, one of the women who testified, was also there. Prosecutors told the judge she was present to show she was not backing down and that Weinstein “may have power and privilege, but she has the truth.”
Attorney Gloria Allred represents Mimi Haley, who was not present at Wednesday’s appearance. Allred says Haley hasn’t decided whether she will testify again.
“The overturning of the conviction was traumatizing for her and it will be even more traumatic to testify once again,” Allred said.
Weinstein’s lawyer, Arthur Aidala, spoke about his client’s life behind bars.
“Harvey Weinstein was used to drinking champagne and eating caviar and now he’s at the grocery store paying for chips and M&Ms,” Aidala said. “Mentally, he’s fine. He’s very sharp. But physically, he’s been weakened for years.”
“There’s obviously a new sense of energy to him,” Aidala added.
Alice Gainer
