Harvey Weinstein faces new trial after rape conviction overturned, returns to prison
After arriving at the Rikers Island jail following the overturned conviction, Harvey Weinstein was hospitalized at Bellevue
{{#rendered}} {{/rendered}}A judge remanded Harvey Weinstein to prison during the entertainment mogul's first court hearing Wednesday following his rape conviction reversal, Fox News Digital can confirm.
Weinstein appeared in person in a wheelchair at the New York court hearing, which was mostly procedural, days after being hospitalized. The entertainment mogul was "examined" upon his arrival at Rikers Island jail on Friday and then sent to Bellevue.
"It seems like he needs a lot of help, physically," his lawyer Arthur Aidala said at the time. "He’s got a lot of problems. He’s getting all kinds of tests. He’s somewhat of a train wreck health wise."
{{#rendered}} {{/rendered}}Harvey Weinstein was remanded to prison while he awaits the new trial in his New York rape case. (REUTERS/David Dee Delgado/Pool)
Harvey Weinstein was brought into the courtroom in a wheelchair. (Steven Hirsch-Pool/Getty Images)
At the hearing, Manhattan District Attorney Alvin Bragg insisted Weinstein be remanded for now and emphasized the office's plans to retry the film producer on the sexual assault charges as quickly as possible.
"We have every belief the defendant will be convicted again at trial," he said.
{{#rendered}} {{/rendered}}Weinstein's defense argued against remand, citing his medical issues. Aidala pointed out that Weinstein was already acquitted of the most serious counts, and has already done jail time.
The judge scheduled a discovery hearing for May 29 and Weinstein's new trial was tentatively scheduled for after Labor Day.
Harvey Weinstein's lawyer, Arthur Aidala, arrives at a court hearing on Wednesday. (Getty Images)
A New York appeals court overturned Weinstein’s 2020 rape conviction on Thursday, ordering a new trial in a stunning reversal of a landmark #MeToo case.
{{#rendered}} {{/rendered}}In a 4-3 decision, the court found that Weinstein's trial judge allowed prosecutors to call women who said Weinstein had assaulted them to testify, even though their accusations did not specifically relate to the entertainment mogul's charges.
Weinstein was sentenced to 23 years in prison after being convicted in February 2020 of forcing oral sex on TV and film production assistant Mimi Haley in 2006 and third-degree rape of hairstylist Jessica Mann in 2013.
He was acquitted of first-degree rape and two counts of predatory sexual assault from actor Annabella Sciorra’s allegations of rape in the 1990s. Weinstein has denied ever engaging in non-consensual sex.
{{#rendered}} {{/rendered}}Harvey Weinstein was hospitalized shortly after his rape conviction was overturned. He was "examined" upon arrival at Rikers Island jail on Friday and then sent to Bellevue. (Steven Hirsch/POOL/AFP/Getty)
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A New York appeals court overturned Harvey Weinstein's rape conviction on Thursday. (Getty Images)
Weinstein's lawyer first filed an appeal in his New York case in January 2023. The appeal, filed by Aidala, claimed the entertainment mogul didn't receive a "fair trial."
{{#rendered}} {{/rendered}}"Harvey is innocent and never should have been convicted or even tried for these allegations," Weinstein's rep, Juda Engelmayer, told Fox News Digital at the time. "The trial failed at objectivity from the minute former Judge Burke berated Harvey, asking him if he wanted to spend the rest of his life in prison over the use of a cellphone that occurred before the judge ever entered the courtroom or began the day's proceedings.
"Burke was rejected from the bench as a result, and the case should have been, too. From the lies a juror told to private lawyers representing non-case-related complainants acting as prosecutorial surrogates, as we were often gagged, the jury was steered in a direction they never would have gone in if it were honest."
Ultimately, the appeals court found the trial judge should have only allowed witnesses to testify about the sexual assault encounters that Weinstein's charges stemmed from. During his trial, multiple women testified about sexual assaults allegedly performed by Weinstein, even though it wasn't what he faced charges for.
{{#rendered}} {{/rendered}}Harvey Weinstein was originally convicted on charges of rape and forced oral sex. (Scott Heins)
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Despite New York's decision to overturn his conviction, Weinstein will continue to serve out his prison time for charges he was convicted on in California.
After Weinstein's sentencing in New York in 2020, he was extradited to California in July 2021 to face sexual assault allegations made by four women in Los Angeles and Beverly Hills between 2004 and 2013.
{{#rendered}} {{/rendered}}Harvey Weinstein was extradited to California after his New York trial, where he was found guilty on additional sexual assault charges. (Reuters)
In December 2022, Weinstein was found guilty of rape, forced oral copulation and another sexual misconduct count involving a woman known as Jane Doe 1. He was sentenced to 16 years in prison in February 2023. Weinstein's legal team has vowed to appeal that conviction, as well.
Weinstein also faces charges in London for two alleged offenses in 1996.
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{{#rendered}} {{/rendered}}Fox News' Maria Paronich and Tracy Wright contributed to this report.