Will Harvey Weinstein's Retrial Actually EVER Happen?

By Maria Angelino | Sunday, 28 April 2024 09:20 PM
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Will Harvey Weinstein's Retrial Actually EVER Happen?
Image Credit : ReuterJohn Smith

The retrial of former Hollywood mogul Harvey Weinstein, whose 2020 conviction was recently overturned by the New York Court of Appeals, is unlikely to occur soon, if at all, according to legal experts.

The court's 4-3 decision vacated Weinstein's 23-year jail sentence and ordered a retrial, citing errors in the original trial.

Weinstein, who remains incarcerated in New York after a similar conviction in California, was found guilty of forcibly performing oral sex on a TV and film production assistant and of third-degree rape of an aspiring actor in 2013. However, the road to a new trial for the 72-year-old, who is in poor health, is expected to be long and arduous.

Joshua Naftalis, a former Manhattan federal prosecutor, expressed doubt about the likelihood of a retrial. "I think there won’t be a trial in the end," he said. "I don’t think he wants to go through another trial, and I don’t think the state wants to try him again." Naftalis suggested that both parties might seek a resolution such as a plea deal to avoid the trauma of a second trial for the accusers.

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The decision to proceed with a retrial may largely depend on the willingness of the women to testify again. "The biggest question is whether the two women are willing to testify again," said Jane Manning, director of the nonprofit Women’s Equal Justice.

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Manhattan District Attorney Alvin Bragg has vowed to "do everything in our power to retry this case." However, legal experts predict that the path to a retrial will involve lengthy legal battles over admissible evidence and testimony.

Miriam Haley, one of the key witnesses in the charges against Weinstein, said she would consider testifying again but did not commit to it. "I wish it would be as easy as ‘Sure, I’m going to do it again!’" Haley said. "It’s like insane. It’s grueling. It’s hard. You’re living in fear for years."

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The overturning of Weinstein's conviction has been met with disappointment by victims of sexual assault. Haley described the appeals ruling as "a terrible decision that sends an extremely disheartening message to victims of sexual assaults everywhere."

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