Harvey Weinstein is scheduled to return to court on Wednesday as the judge prepares to determine the start date for his retrial related to the #MeToo movement. This retrial could also include new accusations from a woman who was not part of the original trial.
Weinstein, now 72 years old, is seeking to dismiss this additional charge. His legal team argues that Manhattan prosecutors only introduced this allegation to strengthen their case after New York’s highest court overturned his 2020 conviction for sexual assault against two women.
Judge Curtis Farber will also address the timing of the trial, which is facing challenges due to a crowded court schedule. Weinstein’s attorney, Arthur Aidala, is concurrently representing conservative figure Steve Bannon in a separate trial regarding a border wall funding case, also set for March.
Aidala has made a case for Weinstein’s trial to take precedence, pointing to the former Hollywood mogul’s declining health due to chronic myeloid leukemia and diabetes. He expressed in court last week that Weinstein is suffering and argued, “Can I try this dying man’s case first?”
The charges against Weinstein involve allegations of sexual crimes, including an incident from 2006 involving a production assistant and additional claims from a separate woman who also accuses him of forcing oral sex on her during the same year.
Prosecutors explained that the additional charge came to light just days before Weinstein’s original trial but was not included at that time. After Weinstein was convicted and received a 23-year prison sentence, the district attorney’s office revisited the case following the court decision to vacate his conviction last April.
Weinstein’s defenders argue that delaying this additional charge until now unfairly prejudiced him, claiming prosecutors strategically held it back for potential use if his original conviction was overturned. Prosecutors have dismissed this argument as unreasonable, noting that the timing would have drawn scrutiny from Weinstein’s legal team regardless.
Manhattan District Attorney Alvin Bragg’s case emphasizes the need for thorough investigation before seeking an indictment, especially given the absence of eyewitnesses and concrete evidence.
Once a powerful figure in Hollywood, Weinstein co-founded Miramax and The Weinstein Company, producing acclaimed films like “Pulp Fiction.” His legacy was shattered in 2017 amidst the #MeToo movement, when numerous women came forward with allegations against him. He has consistently maintained that all sexual encounters were consensual.
In a previous ruling, the Court of Appeals found that his last trial was compromised by the inclusion of testimonies from other women not involved in the case, leading to his conviction being overturned. Currently, Weinstein remains in custody at Rikers Island, receiving medical treatment while awaiting his retrial.
