Prosecutors seek September retrial for Harvey Weinstein after rape conviction was tossed

(1 May 2024)
RESTRICTION SUMMARY:
ASSOCIATED PRESS
New York - 1 May 2024
1. Wide, Arthur Aidala
2. SOUNDBITE (English) Arthur Aidala, Harvey Weinstein Attorney:
"Obviously, there's a tremendous sense of relief, that we're back here. The most obvious difference is the judge that we're before, Judge Curtis Farber clearly is a consummate professional. The way he handles his courtroom, the way he handles, litigants before him on both sides. He has a reputation of being very fair, but he's the reputation that he really enjoys is being very intelligent. And that's what we want. We want a judge who will make legal rulings according to the law, not making legal rulings according to opinion polls or popularity contests."
++BLACK FRAMES ++
3. SOUNDBITE (English) Arthur Aidala, Harvey Weinstein Attorney:
"Everyone should understand, Harvey Weinstein is now presumed innocent. I asked in court for the indictment to be adjusted because there are no more allegations with Annabella Sciorra. He was found not guilty. Not guilty? We heard that twice. Jessica Mann was in the courtroom today. The big charge against her not guilty. That jury said. Even with even with all that improper illegal evidence against him. The jury said not guilty with the most serious charges with Jessica Mann. So yes, I it was great publicity and great showmanship by the Manhattan District Attorney's office to have Jessica Mann in the second row today. However, if Mr. Weinstein went to trial on that and if by some chance he would lose, he's walking out the back door with the rest of us because he's already done more time, more time than he could do at the minimal charge that remains regarding Jessica Mann."
++BLACK FRAMES ++
4. SOUNDBITE (English) Arthur Aidala, Harvey Weinstein Attorney:
"We will now digest every syllable of the prior testimony of all the witnesses. We will assemble a team of the best and the brightest. And make sure that this case is litigated properly in front of an excellent judge who, the difference between this judge and the last judge is night and day. And we're very confident that if he goes to trial, the only words we'll hear at the end of the trial are not guilty."
5. Jessica Mann exits courtroom
6. SOUNDBITE (English) Gloria Allred, Attorney for Mimi Haley:
"The convictions were vacated. Now there is a new trial ordered by the New York Court of Appeals. Mimi has not yet reached a decision as to whether or not she will agree to testify in the new trial."
++BLACK FRAMES ++
7. SOUNDBITE (English) Gloria Allred, Attorney for Mimi Haley:
"She has stated that the vacating of the conviction was re-traumatizing to her, and that it will be even more traumatic to testify once again."
++EDIT ENDS ON SOUNDBITE++
STORYLINE:
Prosecutors asked for a September retrial for Harvey Weinstein during a hearing at a Manhattan courthouse Wednesday, the disgraced movie mogul's first appearance since his 2020 rape conviction was overturned by an appeals court last week.
Weinstein, wearing a navy blue suit, was seated in a wheelchair pushed by a court officer as he entered the preliminary hearing.
"Everyone should understand, Harvey Weinstein is now presumed innocent," Weinstein’s defense lawyer, Arthur Aidala, said.
Manhattan District Attorney Alvin Bragg's office has said it is determined to retry the case against Weinstein.
Legal experts say that may be a long road and come down to whether the women he's accused of assaulting are willing to testify again.
One of the women, Mimi Haley, said Friday she was still considering whether she would testify at any retrial.
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