Harvey Weinstein begs for quick retrial to get out of ‘hellhole’
Harvey Weinstein is seeking an earlier start to his sexual assault retrial, telling the judge, “I need to get out of this hellhole as quickly as possible.”
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Harvey Weinstein, whose 2020 rape conviction struck the gavel on the #MeToo movement’s legal impact, is back in court to revisit the since-overturned ruling.
Weinstein’s retrial begins in New York court Tuesday with jury selection. The legal redo, a proceeding that will largely mimic Weinstein’s original state trial, is expected to last four to six weeks.
A New York appeals court overturned Weinstein’s original conviction last April, finding that the judge in his case erred by admitting “irrelevant” testimony from women whose allegations were not part of the case. He was granted a retrial and pleaded not guilty in September.
The commencement of jury selection, which Judge Curtis Farber previously said may last up to five days, according to ABC News, comes a week after the retrial’s start date was reportedly challenged in court due to a dispute over witness selection. Prosecutors and Weinstein’s attorneys argued over the trial participation of an assistant district attorney, who allegedly took notes during a 2020 interview with a third woman now testifying against the disgraced producer, according to The Associated Press.
Per AP, Weinstein’s legal team said it might call the unnamed lawyer as a witness. Prosecutors threatened a request to delay the trial by 60 days if an agreement on the notes dispute could not be reached.
In the months leading up to his retrial, Weinstein, who continues to serve a 16-year prison sentence stemming from his 2022 California rape conviction, urged a judge in New York to start his trial sooner amid health concerns.
Here’s everything you need to know about the retrial.
What is Harvey Weinstein charged with?
Weinstein’s retrial will cover two charges of assault and one of rape stemming from allegations by three different women: two who allege Weinstein forcibly performed oral sex in 2006 and one who alleges he raped her in 2013.
Unlike the 2020 case, the second assault charge stems from the allegation of an unnamed woman who was not part of the first trial. The other two charges are related to accusers Miriam “Mimi” Haleyi and Jessica Mann, whose allegations in the first trial were part of the charges of which Weinstein was convicted.
Is Weinstein still in jail?
Weinstein is currently housed in Rikers Island jail in New York City. He returned to New York in 2023 after having been extradited to California to face charges in his other sex crimes conviction, according to the AP.
In November, Weinstein criticized Rikers Island and Bellevue Hospital staff for allegedly failing to provide proper medical care while in custody, according to a claim notice his attorney Imran H. Ansari filed with the New York City Comptroller’s Office.
Weinstein’s medical conditions – which include chronic myeloid leukemia (bone marrow cancer), coronary artery disease, high blood pressure and other ailments – “deteriorated significantly, unreasonably, and dangerously, leading to multiple instances where (Weinstein) feared for his life,” Ansari’s filing stated.
Jeanette Merrill, assistant vice president of communications and external affairs for NYC Health + Hospitals/Correctional Health Services, told USA TODAY in a statement that the agency does not comment on individual patients but noted it “continues to work with the Department of Correction to ensure people in custody have access to high-quality health care.”
Will Harvey Weinstein testify in retrial?
Weinstein will not be required to testify in his defense case, ABC News and AP reported April 9.
Farber ruled that if he were to take the stand, Weinstein can be asked by prosecutors about his 2022 California rape conviction but not “the nature of the crimes or underlying facts,” per AP.
What happened during Harvey Weinstein’s 2020 trial?
After being indicted in May 2018 on charges of five sex crimes, including rape and predatory sexual assault, Weinstein was convicted in February 2020 on two counts: criminal sexual act in the first degree related to accuser Haleyi and rape in the third degree related to accuser Mann.
Ex-production assistant Haleyi accused Weinstein of forcing oral sex on her in his New York apartment in July 2006, while Mann, a former actress, alleged Weinstein raped her in a New York hotel room in March 2013.
The verdict was a partial win for the prosecution: Weinstein escaped the two most serious charges of predatory sexual assault, plus one charge of rape in the first degree, which spared him the possibility of a sentence that included life in prison.
Besides Haleyi and Mann, Weinstein’s trial also featured testimony from four other accusers who claimed Weinstein sexually assaulted them in New York or California as far back as 1993 and as recently as 2013.
Contributing: Anna Kaufman, KiMi Robinson, Taijuan Moorman, Maria Puente and Patrick Ryan, USA TODAY
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