Harvey Weinstein’s retrial in NYC rape case will start in November, judge says

NEW YORK — A judge on Friday set Harvey Weinstein’s retrial on rape and sexual assault charges to tentatively start on Nov. 12. 

Prosecutors have been preparing to retry Weinstein since the New York Court of Appeals overturned his 2020 rape conviction.

Prosecutors intend to present new evidence against Weinstein

Weinstein was sentenced to 23 years in prison after a jury found him guilty of raping an actress in New York in 2013 and forcing oral sex on a former production assistant in 2006.

The state’s high court found the judge presiding over the case made a mistake by allowing prosecutors to call witnesses whose accusations were not part of the charges against him. 

Prosecutors at Weinstein’s last court appearance on July 9 said they’re seeking a new indictment and intend to present new evidence to a grand jury after more women agreed to testify against the disgraced movie mogul. 

“He in anxious to go to trial and prove his innocence. He is, physically he is not well. And that is certainly affecting his mental state, but I think he’s strong,” Weinstein’s defense attorney Diana Fabi Samson said Friday. 

Microsoft outage delays Weinstein’s court appearance

Weinstein briefly appeared in court after a delay of over 90 minutes, which the judge said was due to the global Microsoft outage caused by a CrowdStrike update. 

“Our technology and software analysts are hard at work assessing the Unified Court System’s digital networks and infrastructure to try to diagnose the potential impacts and deliver solutions to the widespread Microsoft outage issues that have emerged today. While no significant disruptions to in-person, courthouse operations are being confronted so far, our technology professionals are still in the preliminary stages of their work to assist staff around the state with disrupted interactivity issues. The Court, and its employees, are working collaboratively with all stakeholders through this crisis and remain committed to ensuring the highest levels of justice delivery and access to our judiciary system across New York State,” a spokesperson for the New York Office of Court Administration told CBS New York in a statement. 

Weinstein has remained behind bars because of his 2022 rape conviction in Los Angeles. He maintains all encounters were consensual.