Weinstein sentencing may occur subsequent month, however provided that there isn't any retrial on an unresolved rape cost

[ad_1] WARNING: This story incorporates particulars about sexual assault and will have an effect on those that have skilled it or know somebody affected by it.

Harvey Weinstein faces sentencing and a attainable retrial in his New York Metropolis intercourse crimes case, however after they'll occur — and whether or not he'll be again in entrance of one other jury — remains to be up within the air.

Manhattan Choose Curtis Farber mentioned Wednesday he may sentence Weinstein on Sept. 30 — however provided that there isn't any retrial on a rape cost that the final jury failed to succeed in a verdict on.

Weinstein, 73, was convicted in June of forcing oral intercourse on TV and film manufacturing assistant and producer Miriam Haley in 2006. The cost carries a attainable sentence of as much as 25 years in jail.

On the identical time, the jury acquitted him of forcing oral intercourse on one other lady, one-time mannequin Kaja Sokola, however could not resolve a cost that he raped hairstylist and actor Jessica Mann in 2013.

Manhattan prosecutors instructed Farber that they are able to take Weinstein to trial for a 3rd time on the rape cost, which is punishable by as much as 4 years in jail. That is much less time than Weinstein has already served. Mann is on board to testify once more, they mentioned.

<img loading="lazy" alt="Men in suits sit at a table in a courtroom. Behind them, two men in police uniforms stand with crossed arms. " srcset="https://i.cbc.ca/1.7608126.1755112733!/cpImage/httpImage/image.jpg_gen/derivatives/original_1180/sexual-misconduct-harvey-weinstein.jpg?im=Resize%3D300 300w,https://i.cbc.ca/1.7608126.1755112733!/cpImage/httpImage/image.jpg_gen/derivatives/original_1180/sexual-misconduct-harvey-weinstein.jpg?im=Resize%3D460 460w,https://i.cbc.ca/1.7608126.1755112733!/cpImage/httpImage/image.jpg_gen/derivatives/original_1180/sexual-misconduct-harvey-weinstein.jpg?im=Resize%3D620 620w,https://i.cbc.ca/1.7608126.1755112733!/cpImage/httpImage/image.jpg_gen/derivatives/original_1180/sexual-misconduct-harvey-weinstein.jpg?im=Resize%3D780 780w,https://i.cbc.ca/1.7608126.1755112733!/cpImage/httpImage/image.jpg_gen/derivatives/original_1180/sexual-misconduct-harvey-weinstein.jpg?im=Resize%3D1180 1180w" sizes="(max-width: 300px) 300px,(max-width: 460px) 460px,(max-width: 620px) 620px,(max-width: 780px) 780px,(max-width: 1180px) 1180px" src="https://i.cbc.ca/1.7608126.1755112733!/cpImage/httpImage/image.jpg_gen/derivatives/original_1180/sexual-misconduct-harvey-weinstein.jpg?im=" style="aspect-ratio:1.4993646759847523" data-cy="image-img"/> Manhattan Choose Curtis Farber mentioned Wednesday he may sentence Weinstein, centre, on Sept. 30 — however provided that there isn't any retrial on a rape cost that the final jury failed to succeed in a verdict on. (Curtis Means/The Related Press) Prosecutors requested a January trial date, citing witness availability and their very own caseload. Farber balked at that, saying a January date is simply too far-off and conflicts with one other, unrelated trial he is already scheduled. He proposed having the trial within the fall.

"The case must be tried this 12 months," Farber mentioned.

Weinstein lawyer Arthur Aidala agreed, telling Farber he'd choose a trial at "the earliest the court docket can accommodate us."

Assistant district lawyer Nicole Blumberg mentioned she would ask Mann and different witnesses about their availability for a trial within the fall.

If a fall trial occurs, it could doubtless put Weinstein's high-profile #MeToo case again in court docket as Manhattan District Legal professional Alvin Bragg is within the last throes of his re-election bid.

Bragg, a first-term Democrat who made prosecuting intercourse crimes instances a precedence, has expressed satisfaction with Weinstein's conviction on a prison intercourse act cost within the Haley assault and has been resolute in wanting the Oscar-winning studio boss retried on the Mann rape cost.

"The jury was not capable of attain a conclusion as to Ms. Mann, and he or she deserves that," Bragg mentioned in June. "This work, before everything, is concerning the survivors and that is why we're ready to go ahead."

Aidala instructed reporters exterior court docket that, in his view, it is on prosecutors to resolve the rape cost — both by dropping it and clearing the way in which for sentencing, or promptly taking it to trial once more.

Weinstein sat in court docket in a wheelchair whereas sporting a blue go well with and black-rimmed glasses. The Pulp Fiction and Shakespeare in Love producer is dedicated to preventing the rape cost at one other trial, Aidala mentioned, although the lawyer did not rule out the opportunity of reaching a cope with prosecutors to finish the case.

For now, the trial date stays unresolved, leaving Weinstein's attainable Sept. 30 sentencing in limbo.

Earlier proceedings At Weinstein's first trial in 2020, jurors convicted him of raping Mann and forcing oral intercourse on manufacturing assistant and producer Miriam Haley.

Then an appeals court docket overturned these convictions and despatched the case again for retrial due to authorized points involving different girls's testimony.

This spring, a brand new jury convicted him once more of sexually assaulting Haley and acquitted him of doing the identical to a different lady who wasn't a part of the primary trial. However amid fractious deliberations, the majority-female jury acquired caught on the cost associated to Mann.

Mann has testified that she additionally had a consensual, on-and-off relationship with the then-married Weinstein, however that she instructed him "I do not wish to do that" as he cornered her within the resort room. She mentioned he persevered with advances and calls for till she "simply gave up."

Weinstein already stands convicted of intercourse crimes in California. He denies all the allegations in opposition to him.

Assist is accessible for anybody who has been sexually assaulted. You'll be able to entry disaster traces and native help providers by means of this Authorities of Canada web site or the Ending Violence Affiliation of Canada database. When you're in speedy hazard or concern on your security or that of others round you, please name 911.