NEW YORK — Next month’s retrial of Harvey Weinstein in New York is set to be a condensed version of the original trial, although it will feature a significant new charge related to a woman who did not participate in the first proceedings.
The details of how the prosecution of the disgraced film producer will unfold are expected to become clearer on Wednesday. At that time, a judge is due to rule on various aspects, such as the extent of testimony from accusers and the feasibility of incorporating expert witnesses into the case.
Seventy-two-year-old Weinstein is anticipated to attend the hearing where Judge Curtis Farber will announce his decisions. The retrial is slated to begin on April 15 in Manhattan’s state court, almost a year after New York’s highest legal authority annulled his 2020 conviction on charges of rape and sexual assault.
In a courtroom appearance in January, Weinstein appealed to Judge Farber to accelerate the retrial process, expressing significant concerns over his deteriorating health conditions, which include cancer and heart issues, as well as the tough environment at Rikers Island jail where he is detained.
The charges being retried involve forcing oral sex on a production assistant in 2006 and the alleged rape of an aspiring actress in 2013. Additionally, a newly filed charge claims Weinstein coerced another woman into oral sex in a Manhattan hotel setting in 2006.
The Manhattan District Attorney’s office, led by Alvin Bragg, noted in court filings that this new accuser came forward shortly before the original trial commenced. They initially did not pursue her allegations following Weinstein’s initial conviction and subsequent 23-year sentence. However, after the state’s Court of Appeals annulled that conviction last April, they reevaluated the complaint and secured a new indictment.
In October, Judge Farber decided to merge the new charges with the pre-existing ones for a consolidated trial.
Weinstein’s defense team argues that the prosecution compromised his case by delaying the additional charge for nearly five years. They speculate that this was a strategic move to reserve the allegation for a potential retrial scenario if the original conviction was challenged.
Harvey Weinstein consistently denies any accusations of rape or sexual assault.
Recently, attorney Jennifer Bonjean, known for her defense of Bill Cosby and R. Kelly, joined Weinstein’s legal team, which includes other notable lawyers Arthur Aidala, Diana Fabi Samson, and former judge Barry Kamins.
The initial conviction was vacated after the Court of Appeals determined that the trial judge, James M. Burke, had improperly allowed into evidence testimonies not directly related to the charges. Burke is no longer serving as a judge, and such testimonies will not feature in the upcoming retrial.
Separately, Weinstein was also found guilty of another rape case in Los Angeles in 2022, resulting in a 16-year prison sentence. His legal representatives filed an appeal in June, arguing claims of an unfair trial process in that instance.
