Harvey Weinstein will be retried on rape charges thrown out in April

Disgraced movie producer Harvey Weinstein is expected to return to court on Nov. 12 to be retried on rape charges.

Weinstein, 72, was first found guilty by a Manhattan jury in 2020 of rape in the third degree and committing a criminal sex act. He was sentenced to 23 years behind bars.

However, that criminal conviction was overturned by a New York Court of Appeals in April because the prosecutors included witnesses whose accusations were not part of the charges brought against Weinstein.

Legislation passed in New York now permits prosecutors to use a defendant’s prior sexual assault history to be used as evidence in a sexual assault proceeding, allowing prosecutors to establish a pattern of behavior of a defendant’s “bad acts.”

Now prosecutors are preparing to try Weinstein again, but this time they are looking to charge Weinstein for “additional violent sexual assaults” as more women have agreed to testify. 

Weinstein’s trial could be moved to September, which is what his lawyers hope. As he awaits the retrial, Weinstein is being held at Rikers Island.

Judge Curtis Farber said he would appoint a special magistrate to moderate the discovery process as new evidence is being introduced. The identities of the new victims have remained concealed as prosecutors seek a new grand jury indictment. Prosecutors said they are working to include the new indictment with the original charges.

In 2020, Weinstein was only found guilty of the 2013 rape of Jessica Mann and sexually assaulting production assistant Miriam Haley in 2006. During the #MeToo movement, more than 80 women accused Weinstein of sexual misconduct. 

Weinstein’s lawyer, Arthur Aidala, claimed that it was unfair for prosecutors to add additional victims to the case after the conviction was overturned.

The film producer was found guilty in a separate rape trial in California and sentenced to 16 years. He has not yet started serving his sentence in that case.