Harvey Weinstein to face retrial in New York after rape conviction overturned

A New York judge ruled has that Harvey Weinstein will face a retrial this autumn in the wake of his overturned state rape conviction. 

Manhattan prosecutors told the court on Wednesday, "We believe in this case and will be retrying," despite potential challenges as some accusers waver.

Last week, an appeals court ruled that Weinstein's 2020 trial was unfair due to the allowance of testimony from women who had not been part of the charges. 

This decision compounded earlier errors the judge made, impacting the cross-examination.  The court determined the only remedy was a new trial.

Currently, Weinstein remains imprisoned on a separate rape conviction in California, where he is serving a 16-year sentence. He has been moved to Bellevue Hospital for health concerns. 

In court on Wednesday, Weinstein appeared in good spirits, arriving in a wheelchair and suit. Prosecutors noted the presence of one of his accusers, signaling her continued desire for justice. 
The judge set the tentative retrial date for after Labor Day.

Weinstein's legal team, celebrating the victory, stressed his declining health in arguing that he should remain in New York for easier access to medical care. His lawyer called the conviction's reversal a "victory for every criminal defendant."

The former film mogul was convicted in 2020 of sexually assaulting Mimi Haley and raping Jessica Mann.  Haley has expressed reluctance about facing another grueling trial.  Weinstein has maintained his innocence throughout.

His California conviction, which prosecutors intend to uphold, stems from a 2013 rape. 
More than 100 women have accused Weinstein of sexual misconduct, and his case became a rallying point for the #MeToo movement.