Harvey Weinstein retrial in NYC tentatively set for November

Associated Press

NEW YORK (AP) — A judge on Friday tentatively scheduled Harvey Weinstein’s planned retrial on rape and sexual assault charges to begin on Nov. 12.

Weinstein wore an American flag pin on his jacket during a brief court appearance in Manhattan that was delayed by more than 90 minutes due to a disruption that affected computers around the world, according to Judge Curtis Farber.

Besides the setting of the trial date, the hearing addressed issues related to evidence in the case against the former Hollywood movie mogul, particularly information from phones that will be reviewed by a former judge to determine whether materials were relevant to the case and should be turned over to defense lawyers.

At a hearing last week, prosecutors said they anticipated a November retrial. They told Farber that they were still actively pursuing new claims against Weinstein, though they conceded that they hadn’t yet brought any findings to a grand jury.

Weinstein denies that he sexually assaulted anyone.

His lawyers told Farber that they’d prefer an earlier trial date.

“He is anxious to go to trial and prove his innocence,” one of Weinstein’s attorneys, Diana Fabi Samson, said outside the courthouse.

Weinstein, 72, is jailed on Rikers Island. One of his attorneys, Arthur Aidala, has complained that Weinstein hasn’t been getting proper care in jail for diabetes, macular degeneration and fluid in his lungs and heart.

Aidala was not in court on Friday, but another Weinstein attorney, John Esposito, told reporters that during a sidebar conversation with the judge, the defense again brought up Weinstein’s medical issues. Farber said he would assist to the extent that he could to ensure that Weinstein is properly cared for, Esposito said.

Esposito said the preference would be for Weinstein to be moved back to Manhattan’s Bellevue Hospital, where he could receive proper medical attention so he’s in a good physical and mental state of mind for trial.

He was treated at Bellevue for several days after he was brought to New York City hours after the state’s highest court threw out his 2020 conviction earlier this year. The appeals court wrote that the original trial judge unfairly allowed testimony against him based on allegations that weren’t part of the case.

He remains jailed in part because he was sentenced to 16 years in prison in California after he was convicted in a rape case in Los Angeles in 2022. In an appeal filed there last month, his lawyers argued he didn’t get a fair trial. Esposito said Friday that he doesn’t expect the appeal in the California case to be decided for at least another year.

Weinstein’s New York conviction had been considered a landmark in the #MeToo movement, an era that began in 2017 amid numerous allegations of sexual misconduct against the once powerful studio boss behind “Pulp Fiction” and “Shakespeare in Love.”

In New York, Weinstein had been convicted of rape in the third degree for an attack on an aspiring actress and of forcing himself on a TV and film production assistant in 2006. He has denied any wrongdoing.

Prosecutors have said one of the accusers in that case, Jessica Mann, is prepared to testify against Weinstein again. Gloria Allred, a lawyer for the second accuser, Mimi Haley, said last week that her client hadn’t yet decided whether to participate in the retrial.

The Associated Press does not generally identify people alleging sexual assault unless they consent to be named, as Haley and Mann did.