Harvey Weinstein is scheduled to be retried “someday after Labor Day,” a choose mentioned Wednesday, because the disgraced movie mogul appeared in a Manhattan courtroom for the primary time for the reason that New York Courtroom of Appeals threw out his rape conviction.

Courtroom officers wheeled Weinstein’s wheelchair into and out of the courtroom in Manhattan Supreme Courtroom Wednesday afternoon. He sat earlier than Choose Curtis Farber in a darkish go well with and tie and made no statements throughout his 20-minute look.

“It was a robust case in 2020 when the defendant was convicted and stays a robust case in 2024,” Assistant District Legal professional Nicole Blumberg mentioned.

Weinstein had been serving a 23-year jail sentence after a jury discovered him responsible in 2020 of sexually assaulting former manufacturing assistant Miriam Haley and raping aspiring actress Jessica Mann in 2013.

Mann appeared in court docket on Wednesday, seated within the second row close to Manhattan District Legal professional Alvin Bragg.

“She’s right here at present to point out that she will not be backing down,” Blumberg mentioned of Mann. “She wished everybody to know the reality and that the defendant might have energy and privilege however she has the reality.”

Protection legal professional Arthur Aidala mentioned Weinstein “proclaimed his innocence from the day I met him 5 years in the past” and expressed doubt in regards to the energy of the prosecution’s case, noting, “He was acquitted of probably the most severe counts.”

The preliminary trial and conviction adopted an explosive New York Instances article in October 2017 that reported Weinstein had reached a minimum of eight settlements with girls who accused him of sexual misconduct over many years. The story sparked an avalanche of accusations from girls who got here ahead with related accounts and largely kicked off the #MeToo motion, focusing on outstanding celebrities for sexual misconduct.

Weinstein was arrested on Might 25, 2018, on fees alleging he sexually assaulted two girls.

Prosecutors mentioned the film producer abused his energy to reap the benefits of aspiring feminine actors, just like the alleged victims, to coerce them into undesirable sexual encounters. In keeping with the prosecution, the quid professional quo of helping them with their careers in trade for sexual favors on demand was each widespread habits and a widely known secret all through the movie trade.

He was discovered responsible in February 2020 of two felonies — felony sexual assault and third-degree rape. He was acquitted of the 2 most severe fees — predatory sexual assault and first-degree rape.

The New York Courtroom of Appeals overturned Weinstein’s conviction on Thursday. In a 4-3 opinion, the court docket mentioned they discovered the trial choose “erroneously” allowed three girls to testify about alleged sexual assaults that weren’t a part of the underlying felony fees.

The Courtroom of Appeals determined the proof of uncharged crimes “was pointless” to determine Weinstein’s intent and “served solely to determine defendant’s propensity to commit the crimes charged.”

The opinion mentioned the rule in opposition to propensity proof “serves as a judicial bulwark in opposition to a responsible verdict primarily based on supposition quite than proof.”

The Manhattan District Legal professional’s Workplace had mentioned following the choice that it supposed to retry Weinstein if the complaining witnesses had been prepared to take part in one other trial.

Haley continues to be contemplating whether or not to testify on the retrial, in line with her legal professional, Gloria Allred.

Weinstein, 72, stays in custody. He was transferred to Rikers Island after which the New York Metropolis jail medical unit at Bellevue Hospital Heart late final week forward of the court docket look, his spokesperson mentioned.

Aidala mentioned Wednesday the protection wouldn’t search launch on bail.

“Mr. Weinstein has very, very severe medical points,” Aidala mentioned. “He is being handled at Bellevue Hospital.”

Aidala remarked following the court docket look that the “most evident” distinction between the 2 proceedings is the choose.

“[‘Farber’s] dealing with of the courtroom and his repute for equity and intelligence are precisely what we hope for on this authorized course of,” Aidala advised reporters.

Aidala mentioned that even when Weinstein had been to lose the retrial, “he is already served extra time than the remaining minimal cost would require.”

Weinstein was additionally convicted of intercourse offenses in Los Angeles in 2022 and sentenced to 16 years in jail there.

Aidala mentioned he is interesting that case.

His attorneys’ attraction temporary in that case is due by Might 20, The Related Press reported.