Harvey Weinstein’s New York sex crimes conviction is overturned; he will face a new trial in Manhattan.
Harvey Weinstein, once a dominant force in the film industry, is scheduled to face a retrial in Manhattan starting this week after the New York Court of Appeals overturned his previous conviction. The retrial will involve allegations of first-degree criminal sexual act and third-degree rape that stem from incidents involving a former television production assistant and aspiring actress in 2006 and 2013. Jury selection for the case is set to commence on Tuesday.
The Manhattan District Attorney’s office, led by Alvin Bragg, has added a new charge against Weinstein. This charge of first-degree criminal sexual act relates to an alleged assault in 2006, during which Weinstein is accused of forcing oral sex on a third woman at a Manhattan hotel. Weinstein has maintained his innocence and pleaded not guilty to all charges.
Prosecutors anticipate that the retrial will last approximately four to six weeks.
In May 2024, New York’s highest court vacated Weinstein’s 2020 conviction and the 23-year sentence imposed by Judge James Burke. The court found that the initial trial court had improperly allowed testimony regarding sexual assault allegations that were not part of the charges Weinstein faced. Notably, Judge Burke is no longer on the bench, having faced scrutiny that ultimately led to his removal following a lobbying effort by Weinstein’s legal team.
Regardless of the upcoming trial’s outcome, Weinstein, now 73 and in declining health, will not be released from incarceration. He was convicted in December 2022 in Los Angeles for separate charges of rape and sexual assault, receiving a 16-year sentence that will run concurrent with any sentencing from the New York retrial.
Weinstein’s health has been a point of concern, as he has recently undergone significant heart surgery and has been diagnosed with leukemia. His time in New York has been split between Rikers Island and Bellevue Hospital.
The current legal proceedings are primarily being handled by the Special Victims Division of the District Attorney’s office, a unit established under Bragg’s administration that has achieved several significant convictions. During jury selection, potential jurors will be screened for biases and awareness of the high-profile nature of the case. Each side will have about 40 minutes to question prospective jurors.
This retrial represents a critical juncture in Weinstein’s ongoing legal battles and will likely attract substantial media coverage, drawing attention to the broader implications of the #MeToo movement and its ongoing fight against workplace sexual harassment. As potential jurors are prepared for questioning, scrutiny will be directed not only at the defendant but also at the evolving landscape of societal attitudes towards sexual misconduct.