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Harvey Weinstein's Sex Crimes Retrial Looms as His Health Deteriorates

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Posted: 15th April 2025
Lawyer Monthly
Last updated 15th April 2025
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Harvey Weinstein's Sex Crimes Retrial Looms as His Health Deteriorates.

Harvey Weinstein has been wheeled into court as his sex crimes retrial kicks off with a new witness accusing him of assault.

The disgraced film mogul is returning to court five years after he was convicted of rape and sentenced to prison, where his health has reportedly been "rapidly declining."

Weinstein, 73, is facing a retrial on the same charges he was convicted of—along with additional new accusations—after his 2020 conviction was overturned in a stunning appeal decision last year.

He arrived in a wheelchair, dressed in a blue tie and holding a book, at the Manhattan courthouse on Tuesday as jury selection began for the retrial, where a fresh, unidentified witness is prepared to testify against Weinstein.

The former Hollywood mogul was sentenced to 23 years in prison after over 80 women accused him of sexual misconduct. Following five years at New York City's infamous Rikers Island, Weinstein is reportedly experiencing significant health issues, including rapid weight gain and severe tongue inflammation, as reported by TMZ. Just days prior to the retrial, Weinstein's representative, Juda Engelmayer, informed TMZ that the health of the former studio executive is 'deteriorating rapidly while in custody.'

Weinstein Declining Health

Engelmayer noted that Weinstein has gained 25 pounds, with 19 of those pounds added in the last month alone, after being returned to prison following a brief hospitalization earlier this year. Last week, he was readmitted to Bellevue Hospital to address a tongue infection that has made swallowing difficult, raising concerns about the risk of choking. Additionally, Weinstein has diabetes and was diagnosed last year with chronic myeloid leukemia, a rare form of bone marrow cancer.

Engelmayer stated that her client’s medical situation is worsened by "persistent problems with missed and delayed medications, unaddressed chest palpitations, and insufficient support for his severe mobility challenges."

Despite his fragile health, as observed in court in September, Weinstein's new trial is scheduled to last over a month, with three accusers prepared to testify against him.

Jessica Mann and Mimi Haley, two of the women who accused Weinstein during his first trial, will once again take the stand to recount their experiences of sexual assault.

Prosecutors will argue that Weinstein exploited his power in Hollywood to prey on vulnerable women, offering career advancements in exchange for sexual favors.

In April 2024, New York's appeals court overturned his conviction for third-degree rape and criminal sexual assault, ruling that the trial judge had made a significant error by allowing testimony from three additional women.

The court, in a 4-3 decision, determined that then-Judge James Burke was unfair in permitting those women to testify, as Weinstein had not been charged with the allegations they brought forward.

Weinstein's lawyers have also insisted that media coverage tainted the first trial.

“Five years ago when you guys were here, there were protests, there were people chanting ‘fry Harvey,’ ‘Harvey’s a rapist,” his lawyer, Arthur Aidala, said last week, according to the New York Post.

“There was #MeToo, Oprah Winfrey, and then, you know, all these people were just so against him.

"The jurors had to be terrified if they would have acquitted him about pushback from their own families and their own communities,” Aidala continued.

“I think that overall has died down. We have bigger things to worry about with stock markets crashing and wars overseas, and I just think that it’s a different environment.”

Manhattan Supreme Court Justice Curtis Farber said last week the trial will be based "on the facts and on the allegations, and nothing else."

Legal Statement From New Unnamed Accuser

I am confident that there will be justice in this case. It is important for women everywhere and for people who are victims of sexual assault everywhere that others pave the way and show their dedication in this fight against sexual assault

Lindsay Goldbrum Attorney for Harvey Weinstein's new unnamed accuser

Weinstein has entered a plea of not guilty and has refuted allegations of rape or sexual assault against any individual. It remains uncertain whether he will take the stand during the retrial. He is facing a maximum sentence of 25 years for two counts of first-degree criminal sexual act, along with an additional four years for a third-degree rape charge.
Even if he is found not guilty in the retrial, Weinstein will not be released, as he was previously convicted in 2020 and subsequently in 2022 for the rape of an Italian model in Los Angeles in 2013, for which he received a 16-year prison sentence and is currently appealing. The retrial focuses on Mann's claims that he raped her in a Manhattan hotel room in 2013, and he also faces a second charge for allegedly coercing Haley, a production assistant, into performing oral sex in 2006.

New Accuser Steps Forward

The fresh allegation against Weinstein comes from an unidentified actress, who claims the former Miramax head forced oral sex on her at a Manhattan hotel in 2006.

The accuser, who did not take part in the original trial, has requested to remain anonymous.

Her attorney, Lindsay Goldbrum, informed reporters on Tuesday that her client's testimony has been "clear and consistent," according to the Associated Press.

“It is important for women everywhere and for people who are victims of sexual assault everywhere that others pave the way and show their dedication in this fight against sexual assault.”

Opening statements in the trial are expected to begin next week.


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