(Reuters) – Harvey Weinstein is due to appear in state court in Manhattan on Wednesday for the first time since New York's highest court threw out his 2020 rape conviction last week.
The hearing before Judge Curtis Farber will give prosecutors and Weinstein's lawyers a chance to address the next steps for the former film mogul, which could include a new trial.
"Harvey is looking forward to his day in a fair court," said Weinstein's spokesperson, Juda Engelmayer.
Weinstein, 72, has been serving a 23-year sentence in a prison in upstate Rome, New York. He is currently at Bellevue Hospital, where he was transferred following last week's order, according to Engelmayer.
Jurors in Manhattan convicted Weinstein in February 2020 of sexually assaulting former production assistant Miriam Haley in 2006 and of raping aspiring actress Jessica Mann in 2013. They are among more than 80 women who have accused him of sexual misconduct.
The conviction included charges of first-degree sexual assault and third-degree rape. Weinstein, who has denied having non-consensual sexual encounters with anyone, was acquitted on other charges.
The verdict was hailed as a milestone for the #MeToo movement, in which women accused hundreds of men in entertainment, media, politics and other fields of sexual misconduct.
Last week, the New York Court of Appeals found that Judge James Burke, who presided over the trial, made a critical mistake by allowing three women to testify about alleged sexual assaults by Weinstein that were not part of the criminal charges against him. The court said this "prior bad acts" testimony violated his right to a fair trial.
The office of Manhattan District Attorney Alvin Bragg has signaled it plans to retry Weinstein.
"We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault," Emily Tuttle, a spokesperson for Bragg, said in an email last week.
The case was brought by Bragg's predecessor, Cyrus Vance.
Regardless of whether he is retried, Weinstein is not likely to be released from jail because he was also sentenced to 16 years following his separate rape trial in California. The two sentences cannot be served concurrently.
Burke is no longer on the bench, so any retrial would be before a different judge.
Weinstein co-founded the Miramax film studio, whose hit movies included "Shakespeare in Love" and "Pulp Fiction." His own eponymous film studio filed for bankruptcy in March 2018.