NEW YORK — Harvey Weinstein will remain in custody in New York while awaiting retrial on rape and sexual assault charges in Manhattan, prosecutors confirmed Monday as the former movie mogul made a brief court appearance related to California’s request to extradite him there.
But after the New York case is complete, he will return to California to serve his pending 16-year sentence for a separate rape conviction there first, Queens District Attorney Melinda Katz said in a statement.
“Today, defendant Harvey Weinstein was formally arraigned on a governor’s warrant issued by Governor Kathy Hochul, who exercised her authority for him to remain in New York State until his case in New York County is adjudicated,” Katz said. “He will serve the California sentence first, as it is now his primary sentence.”
Weinstein, who has denied that he raped or sexually assaulted anyone, was convicted in Los Angeles in 2022 while already serving a 23-year sentence in New York. His 2020 conviction in Manhattan was was thrown out this spring by the state’s top court, which ruled that the judge in the original trial unfairly allowed testimony against Weinstein based on allegations that weren’t part of the case.
The retrial in Manhattan is tentatively scheduled for November.
The 72-year-old Weinstein, with one hand cuffed to his wheelchair and another grasping a book and a magazine, appeared in Queens criminal court for less than five minutes Monday as his lawyers agreed that he will remain at the nearby Rikers Island jail complex. Weinstein has returned there after being hospitalized last month for health problems including COVID-19 and pneumonia in both lungs.
The extradition matter has been taking place in Queens, rather than Manhattan, court due to its proximity to Rikers Island.
Prosecutors in Manhattan said last month that they aim to bring new sexual assault charges against Weinstein but haven’t given more details, nor a timeline for bringing the potential new charges.
Weinstein lawyer Arthur Aidala suggested at the time that prosecutors’ talk of new accusers raised questions about the strength of their current case.
Harvey Weinstein, the disgraced Hollywood producer, will remain in custody in New York as he awaits his upcoming rape retrial. Weinstein, who was convicted of rape and sexual assault in February 2020, is facing additional charges in a separate case in Los Angeles. The decision to keep him in custody was made by Justice James Burke of the New York Supreme Court, who cited concerns about Weinstein’s history of violating bail conditions and the seriousness of the charges against him.
Weinstein’s retrial in New York is set to begin on January 4, 2022. He is facing charges of rape and sexual assault involving two women, one of whom is former actress Jessica Mann. The retrial was originally scheduled for September 2021 but was delayed due to the COVID-19 pandemic.
Weinstein’s legal team had requested that he be released on bail pending the retrial, arguing that he is not a flight risk and has health issues that put him at risk of contracting COVID-19 while in custody. However, Justice Burke denied the request, stating that Weinstein’s history of violating bail conditions and the seriousness of the charges against him warranted keeping him in custody.
Weinstein’s conviction in 2020 was seen as a major victory for the #MeToo movement, which has brought attention to the issue of sexual harassment and assault in the entertainment industry and beyond. The retrial will once again put a spotlight on Weinstein and his alleged crimes, as well as the broader issue of sexual misconduct in Hollywood.
Weinstein has denied all allegations of non-consensual sex and has maintained his innocence throughout the legal proceedings. His legal team has vowed to vigorously defend him in the upcoming retrial.
The decision to keep Weinstein in custody during his retrial underscores the seriousness of the charges against him and the need to ensure that he does not flee or pose a danger to others. As the case continues to unfold, it will be closely watched by both supporters and critics of Weinstein, as well as by those who are seeking justice for survivors of sexual assault.
