Harvey Weinstein is expected to return to Manhattan Prison Court docket on Wednesday, his to start with visual appearance since his 2020 rape conviction was overturned.
The New York condition Court of Appeals last Thursday overturned that conviction in a 4-3 final decision, and Weinstein was hospitalized days later for a battery of assessments.
The disgraced film mogul is scheduled to appear ahead of Judge Curtis Farber all-around 2:15 p.m.
The Courtroom of Appeals uncovered that the choose in the landmark #MeToo demo had prejudiced Weinstein with poor rulings, like a determination to let women of all ages testify about allegations that weren’t part of the scenario.
The court docket said that the “demo courtroom erroneously admitted testimony of uncharged, alleged prior sexual acts” and that the “testimony served no materials non-propensity function.” It mentioned the courtroom “compounded that error” when it ruled that Weinstein, who experienced no prior criminal historical past, could be cross-examined “about those allegations as well as several allegations of misconduct that portrayed defendant in a really prejudicial gentle.”
Judge Jenny Rivera, creating for the the greater part, called the glitches “egregious” and explained the remedy was a new demo. In his dissent, Choose Anthony Cannataro wrote that the court’s selection was an “regrettable action backwards.”
A lot of of Weinstein’s accusers expressed shock and disappointment with the reversal. Manhattan District Lawyer Alvin Bragg reported he prepared to retry the case.
Weinstein, 72, had been serving a 23-year sentence in New York’s Mohawk Correctional Facility right after he was identified guilty of forcibly doing oral sexual intercourse on a tv and film creation assistant in 2006 and rape in the third degree for an attack on an aspiring actress in 2013.
On Friday, he was transferred to a healthcare ward at Rikers Island jail in New York Metropolis. The next day, he was taken to Bellevue Medical center for a much more comprehensive examination following he was checked out by physicians at Rikers, his lawyer, Arthur Aidala, explained.
Aidala reported Weinstein “desires a good deal of help, physically” and has “a large amount of issues.”
His spokesperson, Juda Engelmayer, reported very last 7 days that Weinstein makes use of a walker and wheelchair and has audio and coronary heart challenges.
Weinstein was convicted in Los Angeles in 2022 of rape and sentenced to 16 a long time in jail. He was acquitted of one particular depend of sexual battery in that case.
Engelmayer explained previous week that Weinstein may possibly be extradited to California. His lawful workforce is presently pleasing that scenario.