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Harvey Weinstein raped more women, prosecutor says, but has yet to file new charges

Harvey Weinstein appeared in Manhattan criminal court Tuesday, where prosecutors accused him of raping more women than those involved in the disgraced film producer’s previous trial.

Prosecutors told Judge Curtis Farber they are still considering allegations from women who came forward after Weinstein’s conviction was overturned on appeal in April, but they plan to present allegations from at least one alleged victim to a grand jury.

“We believe the defendant raped and sexually assaulted women in Manhattan, and that is within the statute of limitations,” said Assistant District Attorney Nicole Blumberg. “There were women in 2020 who were not ready to pursue legal action. They are now.”

Blumberg would not give Farber a timeline for a decision on the new charges, but said she is prepared for a new trial in the fall.

Weinstein has denied all sexual harassment allegations, and his lawyers are skeptical of any new accusers.

Harvey Weinstein appears in Manhattan Criminal Court for a hearing on his retrial after his sex crimes conviction was overturned, in New York, July 9, 2024.

Andrew Kelly/Reuters

Defense attorney Arthur Aidala accused prosecutors of using delaying tactics.

“They have a defendant and are looking for a crime,” Aidala said. “They have a hotline there: 1-800-Get-Harvey.”

Prosecutors disagreed with this interpretation of the defense.

“There is certainly no delaying tactics in these men’s cases,” Blumberg said. “There were several women who came forward to indicate that they had been raped by the defendant.”

Weinstein, dressed in a suit and tie and with a closely shaved head, was wheeled into the courtroom in a wheelchair pushed by court officers.

Aidala said Weinstein has fluid in his lungs and heart, as well as spinal and vision problems. He added that his diabetes is “rapidly worsening” while he remains in prison.

“He’s a sick man,” Aidala said. “He has small children and he wants to get out of here.”

Farber admonished the defense at a previous hearing for making statements outside court that prosecutors said were intended to intimidate Miriam Haley, a former production assistant Weinstein was found guilty of sexually assaulting. Her attorney, Gloria Allred, said Haley has not decided whether to participate in Weinstein’s retrial. Without her, and in the absence of new charges, Weinstein likely would have received no more than time served if a jury found him guilty again.

Harvey Weinstein appears in Manhattan Criminal Court for a hearing on his retrial after his sex crimes conviction was overturned, in New York, July 9, 2024.

Andrew Kelly/Reuters

Tuesday’s hearing was witnessed by Jessica Mann, who gave detailed testimony during Weinstein’s trial in which she said he sexually assaulted her multiple times over a five-year period.

“Harvey had the upper hand at that point. Given Harvey’s enormous physical stature, his weight, his height, his strength as an ox, he used that physicality to trap me and prevent me from leaving,” Mann said during his sentencing in March 2020. “Harvey didn’t have to use a physical weapon to make me live in fear of an invisible gun to my head, ready to be pulled if he felt like it.”

Weinstein’s conviction was thrown out in April after the New York Court of Appeals found that the trial judge “erroneously admitted testimony regarding unindicted, alleged prior sexual acts against persons other than the complainants of the underlying offenses.” The court found that the testimony “served no significant nonpropensity-related purpose” and “portrayed the defendant in a highly prejudicial light.”

The Manhattan District Attorney’s Office said at the time it would retry Weinstein if the alleged victims agreed to testify again.

“We will do everything in our power to retry this case and remain steadfast in our commitment to victims of sexual assault,” a spokeswoman for Manhattan District Attorney Alvin Bragg said in a statement.

Weinstein is expected to appear in court again on July 19.

He is fighting a separate rape conviction in Los Angeles, where his defense attorneys argued he did not receive a fair trial. He was sentenced to 16 years in prison in that case.