The shamed movie mogul, who entered the courtroom in a wheelchair, could face a fresh trial as early as September following last week’s decision that improper rulings by a judge meant he did not receive a fair trial before being convicted of rape in 2020.
US prosecutors plan to retry Harvey Weinstein after his 2020 conviction for rape was overturned in New York.
The disgraced movie mogul, who has been in jail for four years, appeared in a Manhattan court on Wednesday for the first time since that conviction was overturned by an appeals court last week.
A retrial could happen as soon as September.
“We believe in this case and will be retrying this case,” prosecutor Nicole Blumberg said.
In April, the state’s highest court ruled that Weinstein did not receive a fair trial – finding the hearing was prejudiced by “egregious” improper rulings by the judge, including a decision to let women testify about allegations that were not part of the case.
Just days after the landmark #MeToo ruling was overturned, he was taken to hospital, with his lawyer Arthur Aidala describing him as “somewhat of a train wreck health-wise” but still “sharp as a tack” mentally.
Weinstein, 72, has had cardiac issues, diabetes, sleep apnoea and eye problems for some time, and was “in constant pain”, Mr Aidala said.
He entered court in a wheelchair pushed by a court officer for the preliminary hearing on Wednesday.
Weinstein had been serving a 23-year sentence after being convicted of sexually assaulting former Project Runway production assistant Mimi Haley in 2006 and raping former aspiring actress Jessica Mann in 2013 following the landmark 2020 trial in New York.
He remains behind bars as he was also convicted in Los Angeles in 2022 of another rape. He was sentenced to 16 years in prison for that crime, and is also appealing against this conviction.
Ms Blumberg told the judge that Ms Mann, who was in court, is prepared to testify again and has said she wants everyone to know that the defendant “may have power” but “she has the truth”.
Ms Haley’s lawyer, Gloria Allred, told reporters that her client has not decided whether she will give evidence a second time, as she found the experience traumatising and painful. She was not in court, Ms Allred said.
Once considered the most powerful man in Hollywood, the first allegations against Weinstein emerged in 2017.
Dozens of women came forward claiming he bullied, pressured, coerced, or overpowered them while demanding sexual favours.