OUT OF THE HOLE
Frail Harvey Weinstein wheeled into court days after hospitalization as Hollywood monster faces retrial for rape
Weinstein was hospitalized shortly after being transferred from an Upstate prison to Rikers Island
DISGRACED film producer Harvey Weinstein has resurfaced in a Manhattan courtroom less than a week after his rape conviction was overturned.
A frail was wheeled into the downtown courtroom on Wednesday afternoon for a hearing on the next steps toward a potential retrial.
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Manhattan District Attorney Alvin Bragg's office has said it plans to retry the case against the once-powerful studio boss, 72, after an appeals court overturned his 2020 conviction on April 25.
Weinstein was seen wearing a navy blue suit and tie, with his wrists handcuffed as court officers pushed him in a wheelchair out of a prison van and into the downtown Manhattan courthouse, pictures obtained by the showed.
Prosecutors said they want to retry Weinstein in New York as soon as September, arguing their case against the shamed film producer "remains strong in 2024."
"We have every belief the defendant will be convicted again after the trial," prosecutors said.
It was the first time Weinstein was present at the courthouse since he was sentenced to 23 years in prison in March 2020 for allegedly sexually assaulting actress Jessica Mann and film producer Miriam "Mimi" Haley.
Mann, who was one of two plaintiffs whose allegations led to criminal charges against Weinstein in 2020, was present at Wednesday's hearing.
"A sexual assault survivor is here. She wanted everyone to know that she has the truth," the prosecution argued.
The defense argued Weinstein is suffering from serious health issues, "It's a new trial. It's a new day, and his life is on the line."
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Weinstein was remanded back into custody.
He is due back in court on May 29. A trial is expected to be set for sometime after Labor Day.
Lawyer for Mimi Haley says Harvey Weinstein accuser will ‘consider testifying again’ after his conviction overturned
Harvey Weinstein is now presumed innocent.
defense attorney Arthur Adaila
After the hearing, Weinstein's attorney, Arthur Adaila, called the prosecution and Jessica Mann's joint attendance a "publicity" stunt.
"Everyone should understand Harvey Weinstein is now presumed innocent," Adaila told reporters outside the courthouse.
"Jessica Mann was in the courtroom today, the big charge against her - not guilty the jury said. Even with all that improper, illegal evidence against him [Weinstein], the jury said, 'Not guilty,' with the most serious charges against Jessica Mann.
"So, yes, it was great publicity and great showmanship by the Manhattan district attorney's office to have Jessica Mann in the second row today."
Weinstein has been hospitalized at Bellevue Hospital since being transferred to Rikers Island from an Upstate prison in Rome, New York.
Adaila said Weinstein will not be returning to the Upstate prison and instead said doctors will determine where his client will be placed depending on his health.
The defense attorney said Weinstein got along well with others while jailed at Mohawk Correctional Facility, 100 miles northwest of Albany.
"He's a charismatic guy, he's got a lot of charm, he's got a lot of stories," Adaila said.
"He's gotten along very well. He didn't have any fights, any altercations, nothing like that.
"He's an older, sickly man who's not a threat to anybody. He's very generous and friendly to people."
DISTURBING ALLEGATIONS
Despite Adaila's warm statements about his client, more than 100 women have accused Weinstein of sexual misconduct since The New York Times and the New Yorker first reported on the allegations in October 2017.
Women like actresses Rose McGowan and Ashley Judd have accused the once-influential film mogul of taking advantage of young hopefuls with promises of success before sexually abusing them.
Miriam Haley, a former Swedish production assistant on the television show Project Runway, underwent hours of grueling testimony during Weinstein's high-profile trial in 2020.
Haley sobbed on the stand as she disclosed to jurors how Weinstein raped her in his New York City apartment in 2006.
"I tried to reject him, but he insisted," the Swedish producer, 44, said.
"Every time I tried to get off the bed, he pushed me back and held me down."
Haley said she repeatedly told Weinstein "no" and even considered screaming out rape.
"I thought if I scream raped, will someone hear me? If I kick harder, will I be able to get away from him," she testified at the time.
Haley, who previously spelled her surname Haleyi but changed it to distance herself from the traumatizing incidents, also recalled a second sexual assault that allegedly occurred in a Manhattan hotel room.
During that attack, Haley remembered going "numb."
"I thought, 'Here we go again,'" she said.
Haley said Weinstein would call her a "w***e and a b***h" during the alleged assault.
She told the court she did not file a police report because she feared Weinstein's power in the entertainment industry.
Haley, who was working on the Project Runway series while on a tourist visa, remembered thinking, "He had a lot more power and resources, and I didn't think I had a chance.
"I decided to just almost pretend it didn't happen and put it aside."
Haley's attorney, Gloria Allred, previously told The U.S. Sun that her client would consider testifying again at Weinstein's retrial.
Jessica Mann told she's "99% certain" she will testify again.
"I'm okay with it… It is psychological hell," she said.
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"It put me through a lot of pain, but I'm not afraid. I have nothing more to say to that man. But I do want to look him in the eye one more time in court."
Weinstein's defense team plans to appeal his guilty verdict in , where he was convicted in 2022 and sentenced to 16 years in prison for the rape of Italian actress Evgeniya Chernyshova.
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