NEW YORK – The Manhattan DA’s office wants a new trial for Harvey Weinstein in September. 

The trial is expected to begin sometime after Labor Day. 

The move comes after Weinstein’s 2020 rape conviction was overturned by an appeals court last week.

In February, his attorneys argued to the New York Court of Appeals that he did not get a fair trial. In a 4-3 decision last week, the court overturned Weinstein’s 23-year sentence saying “the trial court erroneously admitted testimony of uncharged, alleged prior sexual acts.”

In a dissent, one judge wrote the decision was “endangering decades of progress in this incredibly complex and nuanced area of law” regarding sex crimes.

Weinstein remains behind bars because he was convicted of rape in Los Angeles in 2022, and sentenced to 16 years. He’s currently at Bellevue for Medical Care. 

His attorneys say they plan to appeal the California case. 

Seeking a retrial 

Six women testified in Weinstein’s trail, even though he was facing charges related to three. 

He was found guilty four years ago of forcibly performing a sex act on one woman and rape in the third degree for an attack on another woman. He was acquitted on charges of predatory sex assault and first degree rape. 

The ruling shocked and disappointed women who celebrated historic gains during the era of #MeToo, a movement that ushered in a wave of sexual misconduct claims in Hollywood and beyond.  

Manhattan DA Alvin Bragg was not the district attorney during Weinstein’s previous trial. He says he’ll retry the case. 

“Having conversations with survivors, centering their well-being, and pursuing justice,” Bragg said Wednesday. 

Weinstein and accuser appear in court 

Weinstein, 72, was noticeably thinner and paler when he appeared in court Wednesday in a wheelchair. He smiled and greeted everyone he knew in the first row behind the defense table when he entered the courtroom. He did not speak in court. 

Jessica Mann, one of the women who testified, was also there. Prosecutors told the judge she was present to show she was not backing down, and that Weinstein “may have power and privilege, but she has the truth.” 

Attorney Gloria Allred represents Mimi Haley, who was not present at Wednesday’s appearance. Allred says Haley’s not decided whether she’ll testify again. 

“The vacating of the conviction was re-traumatizing to her, and that it will be even more traumatic to testify once again,” Allred said. 

Weinstein attorney Arthur Aidala spoke about his client’s life behind bars. 

“Harvey Weinstein was used to drinking champagne and eating caviar and now he’s at the commissary paying for potato chips and M&Ms,” Aidala said. “Mentally, he’s fine. He’s sharp as a tack. But physically, he’s been breaking down for years.”

“Obviously there’s a new sense of energy about him,” Aidala added. 

Alice Gainer

Alice Gainer joined CBS2 as a reporter and anchor in January 2013. She covers breaking, feature and general assignment stories.