Prosecutors said Wednesday they could be ready to retry Harvey Weinstein by the fall after a New York appeals court vacated his 2020 rape conviction.
Mr. Weinstein appeared before Judge Curtis Farber in Manhattan Criminal Court around 2:15 p.m., his first public appearance since his conviction was overturned.
He entered the courtroom in a wheelchair, looking much thinner and wearing a suit.
Much of the debate centered on whether Mr. Weinstein should be released and whether a new trial should be held.
Mr. Weinstein's lawyer, Arthur Aidala, asked that his client be allowed to enter the hospital where Mr. Weinstein is being treated.
Prosecutor Nicole Blumberg asked that he remain in custody.
“This was a strong case, and he was convicted and sentenced to 23 years in prison…it's still a strong case,” Blumberg said. “We intend to retry this case.” Stated.
Blumberg said a new trial could be ready as early as September.
The judge remanded him to Bellevue Hospital for treatment and set a hearing for May 28.
The New York State Court of Appeals overturned the conviction in a 4-3 decision last Thursday, and Weinstein was hospitalized a few days later for a series of tests.
The Court of Appeals found that the judges in the landmark #MeToo trial prejudiced Mr. Weinstein with improper decisions, including the decision to have a woman testify about allegations unrelated to the case.
The court stated, “The trial court erroneously admitted testimony of past sexual activity that was not indicted,'' and “the testimony served no significant purpose other than sexual proclivity.'' The court ruled that Mr. Weinstein, who has no criminal record, could be cross-examined “about these allegations and numerous other allegations of misconduct that paint the defendant in a very unfavorable light.” “It compounded the mistake.”
Justice Jenni Rivera, speaking for the majority, said the error was “egregious” and the remedy was a new trial. Justice Anthony Cannataro wrote in a dissenting opinion that the court's decision was an “unfortunate setback.”
Many of Weinstein's accusers expressed shock and disappointment at the turnaround. Manhattan District Attorney Alvin Bragg said he plans to retry the case.
Mr. Weinstein, 72, was convicted in 2006 of forcing oral sex on a TV and film production assistant and third-degree rape for assaulting an aspiring actress, and was held in New York's Mohawk Correctional Facility. He was serving a 23-year sentence. In 2013.
On Friday, he was transferred to the medical ward at New York City's Rikers Island prison. His attorney, Arthur Aidala, said he was seen by doctors at Rikers the next day and then taken to Bellevue Hospital for further tests.
Aidala said Weinstein “needs a lot of physical help” and has “a lot of issues.”
Weinstein's publicist, Judah Engelmayer, said last week that Weinstein uses a walker and wheelchair and has hearing and heart problems.
Weinstein was convicted of rape in Los Angeles in 2022 and sentenced to 16 years in prison. She was acquitted of one count of sexual assault in the case.
Engelmayer said last week that Weinstein could be extradited to California. His lawyers are currently appealing the case.