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Harvey Weinstein is set to make his first appearance in a Manhattan state court on Wednesday since his 2020 rape conviction was overturned by New York's highest court last week.
The upcoming hearing before Judge Curtis Farber will be an opportunity for both prosecutors and Weinstein's legal team to discuss the next steps for the former film mogul, which could potentially include a new trial.
"Weinstein is eager for his day in court," said Juda Engelmayer, Weinstein's spokesperson. Weinstein, who is currently 72 years old, has been serving a 23-year sentence at a prison in upstate Rome, New York. Following the recent court ruling, he has been transferred to Bellevue Hospital, according to Engelmayer.
Weinstein was convicted by jurors in Manhattan in February 2020 on charges of sexually assaulting former production assistant Miriam Haley in 2006 and raping aspiring actress Jessica Mann in 2013. These allegations are part of more than 80 accusations of sexual misconduct against him. The conviction included charges of first-degree sexual assault and third-degree rape. Weinstein, maintaining his innocence, was acquitted of other charges.
The verdict was seen as a significant moment for the #MeToo movement, where numerous women spoke out against sexual misconduct in various industries. Last week, the New York Court of Appeals ruled that Judge James Burke, who presided over Weinstein's trial, had erred in allowing three women to testify about alleged sexual assaults by Weinstein that were not part of the criminal charges against him. This "prior bad acts" testimony was deemed to violate Weinstein's right to a fair trial.
The Manhattan District Attorney's office, now led by Alvin Bragg, has indicated its intention to retry Weinstein. "We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault," said Emily Tuttle, a spokesperson for Bragg.
The original case was brought by Bragg's predecessor, Cyrus Vance. Even if he is retried, Weinstein is unlikely to be released from jail due to a separate 16-year sentence he received following a rape trial in California. These sentences cannot be served concurrently. As Burke is no longer a judge, any retrial would be overseen by a different judge.
Weinstein co-founded the Miramax film studio, known for producing hit movies such as "Shakespeare in Love" and "Pulp Fiction." His own film studio filed for bankruptcy in March 2018.