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New York – Five years after Harvey Weinstein was sentenced to rape and withdraws in prison with handcuffs, the former movie tycoon returns to the Manhattan Judicial Court on Tuesday for a new process, covering the same allegations – plus one that has not been tried before.
This is not a double danger, but a more legitimate repetition after the New York Court of Appeal overturned the remarkable sentence #Metoo a year ago.
The State Court of Appeal discarded Weinstein’s sentences and the 23-year sentence and ordered a new trial after finding that the original was inclined by “outrageous” court decisions and prejudice testimony.
The choice of jury can take several days. The opening statements and the beginning of the testimony are expected next week. Judge Curtis Farber said, in addition to 12 jurors, six alternates would be elected. Prosecutors expect the re -examination to continue a month.
Here’s what you need to know about Vinsstein’s re -examination:
In some ways, the new test will be two trials, woven into one.
The 73 -year -old Weinstein faces accusations associated with two women in his original process in 2020, Jessica Man and Miriam Haley, and he was tried for the first time on charges by a woman who was not in the first case.
Weinstein admitted that he was not guilty and denied that he had raped or abused anyone sexually. Prosecutors are not allowed to try Weinsstein again at certain points for which he was justified during his first process, including accusations of predatory sexual assault and one first -degree rape.
The judicial restart will play in a different climate from Weinstein’s first ordeal, who attracted intense media attention and saw protesters chanting a “rapist” outside the Courthouse.
The #Metoo movement, caused by dozens of accusations in 2017 against the former head of the studio, has developed and ignited over time, and since then Weinstein has been convicted on a separate case of rape in Los Angeles, which is also attractive.
While some stars are still faced with the legal reading of alleged sexual disorders – such as Sean Didi Combs, which will be in court next month – the drum of accusations against powerful figures has given up on the early days of #Metoo.
Weinstein has been repeated on two accusations of his original process: one of the criminal sexual act for the supposedly violent performance of oral sex for a 2006 film and television production assistant and a third -degree rape for an ambitious actor in the 2013 hotel room in 2013.
Haley, a former assistant of the production of Winstein’s “project track”, testifies to the process in 2020 that he pushed her into a bed in his apartment in Manhattan in June 2006 and forced oral sex on her, indefinitely by her kicks and requests, do not, do not do it.
Haley, who also went with the name Mimi Haley, admitted that he kept in touch with Weinstein, exchanged warm messages with him and accepted an invitation to her hotel room two weeks after the alleged attack, where he pulled her into bed for sex. According to New York legislation, applicable at the time, Weinstein was not accused of raping Haley’s allegations.
Man, who said she saw Weinsstein as a figure of “Pseudo Father” while pursuing an acting career after a rough upbringing, testified during the 2020 trial that he caught her in a hotel room in March 2013, ordered her to undress as he appeared above her. She claims that Weinstein raped her again eight months later at the Beverly Hills Hotel, where she works as a hairdresser.
Ma also keeps in touch with Weinstein after the alleged attack, testifies to sending him flattering emails because “his ego is so fragile,” she said, and that “made me feel safe by honoring him in that sense.”
In addition to Haley and Man, Weinstein is also charged with a number of criminal sexual laws for forcing oral sex in another woman at a hotel in Manhattan.
This woman, who was not part of Weinsstein’s first ordeal, was not publicly stated. The Associated Press generally does not identify people who claim sexual assault unless they agree to be appointed, as Haley and Man have done.
Prosecutors said that their wife had stood up only days before Weinstein’s first process began, but it was not part of this case. They said they did not pursue women’s allegations after Weinstein’s sentence, but reviewed them and secured a new charge after the first sentence was discarded.
Weinstein’s lawyers say prosecutors should not wait nearly five years to bring the extra charge.
The highest court in New York, the Court of Appeal, dumped Weinsstein’s sentence in April 2024.
In decision 4-3, the court stated that the then judge James Burke had denied Weinstein a fully fair trial, leaving three women to testify to allegations that they were not part of the case and his decision to let prosecutors confront Weinstein if he had shown that the history of brutal behavior.
The court has set the allegations against Weinstein “horrifying, shameful, repulsive behavior,” but warned that “the destruction of the defendant’s character under the guise of the prosecutor’s need” did not justify some judicial evidence and testimony. Burke’s mandate expired at the end of 2022 and he is no longer a judge.
In disagreement, the judge of the Court of Appeal Madeline Singas writes that her colleagues in the majority continue “a disturbing tendency to annul the sentences of judicial jurors in cases of sexual abuse.”
The decision came for “the costs and safety of women,” she writes.
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