Manhattan Prosecutors Vow to Retry Harvey Weinstein
Manhattan prosecutors vowed on Wednesday, May 1, to retry Harvey Weinstein for rape and sexual assault in the wake of New York’s highest court throwing out his conviction on April 25. A judge said the new trial would tentatively take place this fall. “We believe in this case and will be retrying this case,” assistant district attorney Nicole Blumberg said in Manhattan Supreme Court. The judge, Curtis Farber, said that the trial would tentatively be scheduled for after Labor Day, with an exact date to be determined. Blumberg noted that one of the women Weinstein was convicted of attacking was present at the proceedings. “Jessica Mann is here in court. She’s one of the sexual-assault survivors, and she’s here today to show that she’s not backing down,” Blumberg said. “She wanted everyone to know the truth and that the defendant may have power and privilege, but she has the truth.”
Before proceedings started, Weinstein’s lawyer Arthur Aidala greeted attorney Gloria Allred, representing Weinstein victim Mimi Haleyi, with a drawn-out, “Hi, Gloria!” It was hard to determine whether his tone was taunting or just loud, as one of Aidala’s most notable characteristics is his gravelly Brooklyn brogue. Weinstein was brought into the courtroom in a wheelchair, wearing a blue suit. He moved his hand to greet various cronies in the front row of the gallery. Aidala said Weinstein had health issues — he was being treated at Bellevue Hospital’s prison ward — but could participate in his own defense. “I will tell you: He’s sharp as a tack. He’s as smart as he ever was.” Aidala added that “he’s read hundreds and hundreds of books” during his time in prison.
Weinstein was convicted on February 24, 2020, of rape in the third degree and criminal sexual act in the first degree for assaulting two women, Mann and Haleyi. Weinstein was acquitted of two predatory sexual-assault counts, which stemmed from actress Annabella Sciorra’s claim that he raped her in late 1993. The case was overturned in relation to Manhattan prosecutors calling three other accusers — Dawn Dunning, Tarale Wulff, and Lauren Young — to testify about Weinstein’s sexual misconduct, for which he was not charged.
Weinstein appealed his conviction with Aidala, and the court sided with them, saying in its decision, “The only evidence against defendant was the complainants’ testimony, and the result of the court’s rulings, on the one hand, was to bolster their credibility and diminish defendant’s character before the jury. On the other hand, the threat of a cross-examination highlighting these untested allegations undermined the defendant’s right to testify.”
During the brief court proceeding on May 1, Aidala laid into Weinstein’s accusers. “I understand that Jessica Mann is here — he was acquitted of all serious counts against [her],” he said. He also claimed, without any apparent evidence, that Haleyi “perjured herself multiple times at the first trial.” At a press conference following the proceeding, Aidala said that he and his client felt a sense of relief.
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