Harvey Weinstein, whose sex crimes conviction was just overturned by New York’s highest court, is expected to take his first step toward being retried when he appears in court next week.
He is scheduled to appear in Manhattan Supreme Court on Wednesday, following the New York Court of Appeals overturned his conviction on sex crimes once morest three women.
Weinstein was transferred to Rikers Island and then the New York City jail medical unit at Bellevue Hospital Center ahead of the court appearance, his spokesperson said on Saturday.
“We are cautiously optimistic and are prepared to go to trial, if it comes to that,” his spokesperson, Juda Engelmayer, said in a statement. “There are fewer charges now and the deck isn’t going to be illegally stacked once morest him. While we all enjoy the same rights when it comes to our justice system, a defendant has an additional right to due process. We are glad the Appeals Court judges saw it that way.”
The district attorney’s office said it intends to retry Weinstein if the complaining witnesses are willing to participate in another trial.
“At the Manhattan D.A.’s Office, our Special Victims Division fights each and every day to center survivors, uplift their voices, and seek justice for these horrific crimes,” a spokesperson for Manhattan District Attorney Alvin Bragg said in a statement. “Our mission is to center survivors’ experiences and wellbeing in every decision we make, which we will do as we approach the next steps in this case.”
In a scathing 4-3 opinion released on Thursday, the New York Court of Appeals found that the trial judge “erroneously admitted testimony of uncharged, alleged prior sexual acts once morest persons other than the complainants of the underlying crimes.”
The court said that testimony “served no material non-propensity purpose” and “portrayed defendant in a highly prejudicial light.”
Former film producer Harvey Weinstein appears in court at the Clara Shortridge Foltz Criminal Justice Center in Los Angeles, Oct. 4, 2022.
Etienne Laurent/Pool via Reuters, FILE
Engelmayer told ABC News on Thursday that they are “happily surprised” by the ruling. His appellate case lawyer, Arthur Aidala, said in a Thursday press conference that the court’s decision showed that “yes, no one is above the law, but no one is below the law either.”
“You can’t throw out 100 years of legal precedent because someone is unpopular,” Aidala said.
Weinstein, 72, was arrested on May 25, 2018, and charged with first- and third-degree rape for one victim, and first-degree criminal sex act for another woman.
Prosecutors said the movie producer abused his power to take advantage of aspiring female actors, like the alleged victims, to coerce them into unwanted sexual encounters. According to the prosecution, the quid pro quo of assisting them with their careers in exchange for sexual favors on demand was both common behavior and a well-known secret throughout the film industry.
He was found guilty in February 2020 of two felonies — criminal sexual assault and third-degree rape — but acquitted of the two most serious charges — predatory sexual assault. He was also acquitted of first-degree rape.
Weinstein was also convicted of sex offenses in Los Angeles in 2022 and sentenced to 16 years in prison there.
Because Weinstein is already convicted in California, he will not be released, but instead transferred to the custody of prison authorities in California.
