NEW YORK - Harvey Weinstein faced prosecutors' request for a September retrial during a hearing at a Manhattan courthouse on Wednesday. This comes after the disgraced movie mogul's 2020 rape conviction was overturned by an appeals court last week.
Arriving in a navy blue suit and seated in a wheelchair pushed by a court officer, Weinstein made his first appearance at the preliminary hearing.
Despite being hospitalized since his return to the city jail system from an upstate prison last Friday, Weinstein's defense lawyer, Arthur Aidala, confirmed his attendance at the hearing. Aidala mentioned that the 72-year-old, who has cardiac issues and diabetes, was undergoing tests due to his health concerns.
Aidala expressed confidence in Weinstein's mental capabilities, describing him as "sharp as a tack. As sharp as he ever was."
Manhattan District Attorney Alvin Bragg's office remains committed to retrying the case against Weinstein. Legal analysts anticipate a challenging path ahead, with the outcome possibly hinging on the willingness of the women accusing him of assault to testify again. Mimi Haley, one of the accusers, stated on Friday that she was still deliberating whether she would testify in any potential retrial.
One of the individuals making accusations, Jessica Mann, was present in court on Wednesday and expressed readiness to testify again. Prosecutors recommended setting a date for the retrial after Labor Day.
His attorney, Aidala, stated that his client is determined to demonstrate his innocence: "It's a new trial. It's a new day."
The former influential studio executive had previously been convicted in Los Angeles in 2022 for another instance of rape and is currently serving a 16-year sentence in California.
Regarding the overturned New York case, he had been found guilty of third-degree rape for an assault on aspiring actress Mann in 2013 and for forcing himself on Haley, a former production assistant on "Project Runway," in 2006. Weinstein had pleaded not guilty and asserted that any sexual activity was consensual.
The Associated Press typically does not disclose the identities of individuals alleging sexual assault unless they have given consent, as Haley and Mann have done.
On Thursday, the New York Court of Appeals overturned his conviction in a 4-3 ruling, nullifying his 23-year prison sentence. The decision was based on the belief that the trial judge had allowed the jury to be exposed to excessive evidence that was not directly relevant to the charges against him.
This ruling came as a shock and disappointment to women who had experienced significant victories during the #MeToo movement, which brought about a surge in reports of sexual misconduct in Hollywood and other industries.
