Berliner Tageblatt - Harvey Weinstein due in court after NY convictions quashed

The hearing, at which a judge is expected to vacate his convictions in the state but not free the 72-year-old because of a separate, unchanged conviction in California, could pave the way for a new trial.

Weinstein, 72, was convicted in 2020 of the rape and sexual assault of ex-actress Jessica Mann in 2013, and of forcibly performing oral sex on former production assistant Mimi Haley in 2006. He was sentenced to 23 years in prison.

On Thursday, New York's highest court ruled the trial judge erred in admitting the testimony of women who were allegedly abused by Weinstein but who were not named in the charges brought against him.

The office of Manhattan's district attorney has indicated it will seek a retrial.

"We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault," Manhattan District Attorney Alvin Bragg said.

Arthur Aidala, head of Weinstein's legal team, told reporters last week that even "unpopular" people deserve justice, and "we knew that Harvey Weinstein did not get a fair trial."

Weinstein remains in custody because of a separate conviction for rape in California for which he received a sentence of 16 years.

The once-untouchable Hollywood heavyweight has suffered from a raft of health issues while in prison and has spent time in a secure hospital unit.

- Bombshell allegations -

Bombshell allegations broke against the Oscar-winning producer in 2017, launching the #MeToo movement that saw more women fighting back against sexual violence and discrimination in the workplace.

The decision rested on the fact the trial judge allowed prosecutors to rely on so-called "Molineux witnesses," who were allowed to testify despite not being part of the charges -- an exception to the normal rules surrounding evidence.

Lawyers said Weinstein's Los Angeles conviction was unlikely to be affected by the New York reversal, and he is now set to be transferred to a California prison.

Weinstein's legal team has indicated it now intends to appeal the California conviction.

Following his conviction in New York, a civil trial awarded $17 million to dozens of other women who had accused the former movie magnate of abuse.

Weinstein and his brother Bob co-founded Miramax Films, a distribution company named after their mother Miriam and father Max, in 1979. It was sold to Disney in 1993.

Their hits included 1998's "Shakespeare in Love," for which Weinstein shared a best picture Oscar. Over the years, Weinstein's films received more than 300 Oscar nominations and 81 statuettes.

N.Fournier--BTB