Harvey Weinstein could face a retrial on rape charges in Manhattan on Nov. 12 after a judge set a tentative trial date at a Friday court hearing. Judge Curtis Farber expressed openness to an earlier start date in September, depending on the progress of pretrial discovery. Weinstein’s lawyers indicated their desire to proceed as soon as possible.
Weinstein, 72, has consistently denied any wrongdoing and maintains that all his sexual encounters were consensual. In February 2020, jurors in Manhattan found him guilty of rape charges. However, the New York Court of Appeals overturned the conviction in April, ruling that Weinstein did not receive a fair trial because the judge improperly allowed testimony from accusers whom Weinstein was not formally charged with assaulting.
Prosecutors from the Manhattan District Attorney’s Office disclosed last week that they plan to charge Weinstein with “additional violent sexual assaults” following agreements from more women to testify. These new accusers have not been publicly identified, and prosecutors are attempting to shield certain evidence from public view as they prepare to seek a new grand jury indictment.
Judge Farber announced on Friday that he will appoint a special magistrate to handle discovery disputes between the parties as they review new evidence before the trial. Weinstein’s conviction represented a milestone for the #MeToo movement, during which women accused hundreds of men in entertainment, media, politics, and other fields of sexual misconduct.
A jury determined that Weinstein sexually assaulted former production assistant Miriam Haley in 2006 and raped aspiring actress Jessica Mann in 2013. These women are among over 80 who have accused him of sexual misconduct. Weinstein received a 23-year prison sentence.
Prosecutors have stated their readiness to retry Weinstein by the fall. If they secure a new indictment, they could either combine it with the original case or try them separately. Arthur Aidala, Weinstein’s lawyer, argued at last week’s hearing that it was unfair for prosecutors to add additional victims to the case after the conviction was overturned.
Weinstein remains held in New York City’s Rikers Island jail ahead of his retrial. Additionally, he was sentenced to 16 years following a separate rape trial in California. The New York court’s decision did not affect that conviction, and he has not yet begun serving the California sentence. Miramax, Weinstein’s film studio, filed for bankruptcy in March 2018, with its hit movies including “Shakespeare in Love” and “Pulp Fiction.”
