NEW YORK — Harvey Weinstein’s legal saga is set to resume with a retrial taking place next month, significantly trimmed down from the original trial but with the addition of a new allegation from a previously uninvolved woman. The once-powerful film producer’s judicial future could become clearer this Wednesday as the presiding judge, Curtis Farber, is expected to make key rulings regarding the types of testimony that will be allowed and any expert witnesses that may be used.
The 72-year-old Weinstein is scheduled to attend the court session to hear these critical decisions firsthand. This retrial is slated to kick off on April 15 in a Manhattan state court. It arrives almost a year after the overturning of his 2020 conviction for rape and sexual assault by New York’s highest court.
During his last court appearance in January, Weinstein made an emotional appeal to Judge Farber to expedite the retrial, citing his ailing health affected by cancer and heart issues as well as the challenging conditions at Rikers Island, where he is currently detained.
In this second trial, Weinstein faces the original charges of forcibly engaging in oral sex with a movie and TV production assistant in 2006, and raping an aspiring actress in 2013. However, an additional charge has been introduced. Filed last September, this charge accuses Weinstein of compelling a different woman to engage in oral sex at a Manhattan hotel in 2006.
This new accusation emerged when the woman, who remains unnamed, approached prosecutors just before the beginning of Weinstein’s first trial but her claims weren’t included at that time. The office of Manhattan District Attorney Alvin Bragg explained that the allegations were not initially pursued after Weinstein’s 23-year sentencing as he had already been convicted. These accusations were, however, revived in the wake of the Court of Appeals overturning his conviction last April, leading to a fresh indictment.
In a ruling from October, Judge Farber consolidated the new charges with the existing ones for a single trial. Meanwhile, Weinstein’s legal team argues that the prosecution strategically delayed filing this new charge, potentially holding it in reserve for a scenario where a conviction reversal occurred.
Consistently maintaining his innocence, Weinstein has asserted that he never sexually assaulted or raped anyone. Recently, he expanded his defense by enlisting the help of Jennifer Bonjean, an attorney known for defending public figures such as Bill Cosby and R. Kelly. Bonjean joins a team comprising Arthur Aidala, Diana Fabi Samson, and former judge Barry Kamins.
The previous conviction was nullified by the Court of Appeals on grounds that Judge James M. Burke permitted testimony from other women unconnected to the charges at hand, which was deemed unfair. Judge Burke, now no longer presiding, ensures such testimony will be excluded from the retrial.
Adding to Weinstein’s legal entanglements, he faced a separate conviction in Los Angeles in 2022 for another rape offense, earning him a 16-year prison sentence, which is still in effect. His attorneys filed an appeal in June, asserting a lack of fairness in that trial as well.
