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

The Public Prosecution Service plans to make charges against at least one new alleged victim.

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

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

Blumberg would not give Farber a timetable for a decision on the new charges, but did say she would be ready for a new trial this fall.

Weinstein denies all allegations of sexual misconduct and his lawyers are skeptical of new accusers.

Defense attorney Arthur Aidala accused prosecutors of using delaying tactics.

“They have a suspect and now they’re looking for a crime,” Aidala said. “They’re there with a hotline: 1-800-Get-Harvey.”

The Public Prosecution Service disputed this characterization by the defense.

“There is certainly no delaying tactic in the people’s case,” Blumberg said. “There were a number of women who came forward to say they were raped by the defendant.”

Weinstein, dressed in a suit and tie and with a close-shaven head, entered the courtroom in a wheelchair, pushed by court staff.

Aidala said Weinstein has fluid in his lungs and heart, and problems with his spine and vision. His diabetes is “through the roof” while he remains in custody, he added.

“He’s a sick man,” Aidala said. “He’s got little kids and he wants out.”

Farber admonished the defense at an earlier hearing for making statements outside of court that prosecutors said were intended to intimidate Miriam Haley, a former production assistant who Weinstein found guilty of sexually assaulting. Her attorney, Gloria Allred, has said that Haley has not yet decided whether she will participate in a new trial against Weinstein. Without her, and without new charges, Weinstein likely would receive no more than the time he has served if a jury finds him guilty again.

Jessica Mann was present at Tuesday’s hearing. She testified extensively during Weinstein’s trial, saying he repeatedly sexually abused her over a five-year period.

“Harvey had every advantage over me at that moment. Given Harvey’s immense physical stature — his weight, height, and ox-like strength — he used that physical strength to capture me and prevent me from leaving,” Mann said at his sentencing in March 2020. “Harvey did not need to use a physical weapon to keep me living in fear of the invisible gun at my head that was ready to be pulled at his will.”

Weinstein’s conviction was overturned in April after the New York Court of Appeals ruled that the trial judge “erroneously admitted testimony of unindicted, alleged prior sexual acts with persons other than the complainants of the underlying crimes.” The court said the testimony “served no material non-affectionate purpose” and “cast the defendant in a highly damaging light.”

The Manhattan District Attorney’s Office indicated at the time that it would retry Weinstein if the alleged victims came forward again.

“We will do everything we can to retry this case and remain steadfast in our commitment to victims of sexual abuse,” 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 separately contesting a 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.

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