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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.
(Reporting by Brendan Pierson in New York; Editing by Noeleen
Walder and Jonathan Oatis)
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