Harvey Weinstein Will Face New Rape Trial, Manhattan D.A. Announces At First Hearing Since 2020 Conviction Was Overturned.

“We believe in this case, and we will be retrying this case,” prosecutors in Harvey Weinstein’s New York rape case told a judge today in the first hearing since the much-accused producer’s 2020 conviction was overturned last week. “It was a strong case in 2020 …and it remains a strong case in 2024.”

Harvey Weinstein was sitting nearby in the courtroom as the officials from the Manhattan District Attorney’s office announced their intention to take the case back to a jury. The trial could begin as quickly as September, if room can be found on the court calendar.

Charged and arrested for rape in May 2018 after revelations by the New York Times in late 2017 detailing decades of abuse and alleged assaults by Weinstein, the defendant was convicted in February 2020 on first-degree sexual assault and third-degree rape in the case of Mimi Haley and Jessica Mann.

While not handling the case directly, Manhattan D.A. Alvin Bragg himself was in attendance Wednesday in Judge Farber’s court, as were as attorney Gloria Allred, who represents Haley, and Mann herself.

In fact, Mann was brought directly into today’s proceedings when the Assistant D.A. pointed to her in the courtroom. “She’s here today to show she’s not backing down …the defendant may have power and privilege but she has the truth.”

“Good afternoon Mr. Weinstein,” said Judge Farber as the wheelchair bound producer was brought into the courtroom around 11:23 a.m. PT. Also seconds after his client was seated at the defense table, lead lawyer Arthur Aidala addressed the court with objections to photos being taken in the courtroom

Under medical supervision at Bellevue Hospital since the weekend, a blue suited Weinstein was wheeled into the Manhattan court building around 10:15 am PT. Looking gaunter than he was at his 2022 LA trial, Weinstein’s blazer still had the price tag on it as he was brought in surrounded by heavily armed police.

Announced less than a day after New York state’s Appeals Court in a 4-3 vote overturned 72-year old Weinstein’s 2020 sex crimes conviction, sex offender status and 23-year sentence on April 25, today’s hearing’s intention was to release Weinstein from his conviction of four years ago. With a new trial ordered by the Empire State’s highest court, the hearing in Judge Farber’s courtroom also re-arraigned Weinstein on the sex crimes charges for which he was originally arrested in 2018.

Still, due to his 2022 conviction on sex crimes in the City of Angels and sentencing to 16 years behind bars, Weinstein will not be released after Wednesday’s hearing. Instead, having been moved from the medium security Mohawk Correctional Facility in upstate New York late last week, the ailing Oscar winning producer will be returned to Bellevue, at least in the short term.

In peperation for a new trial, which could take months and months to even start, Weinstein will likely remain in NYC to be close to his core legal team of Aidala and Diana Sampson. As he did in the immediate aftermath of his sentencing four years ago and ever so briefly last week, Weinstein could be transferred to the notorious Rikers Island as the wheels of justice grind on.

There is no expectation in the short term that Weinstein will be sent out to LA to serve his West Coast sentencing. Insiders at LA County District Attorney George Gascón’s office tell Deadline there is “no need” for such a transfer right now.

In that vein, even before today’s hearing, Manhattan District Attorney Alvin Bragg’s office strongly indicated they want to take the case to a new trial “We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault,” the D.A.’s office said on April 25, and reiterated on April 26.

The circus atmosphere and high security that has enveloped the Manhattan Criminal Courts building in recent weeks due to Donald Trump’s so-called hush money trial was greatly diminished. Wednesdays have been a dark day for the DA prosecuted case over the $130,000 the former Celebrity Apprentice host paid to porn star Stormy Daniels just before the 2016 election to bury the news of their alleged affair. Hence, Trump and his army of lawyers were nowhere to be seen.

As well as the New York criminal case heading for a new trial and an appeal of the LA conviction, Weinstein has a plethora of civil cases against him for attacks and rapes over the past 30 years.