Harvey Weinstein Expected In Court Tomorrow Despite Hospital Stay; NYC Hearing Will Re-Arraign Incarcerated Producer On 2018 Rape Charges

EXCLUSIVE: Despite a myriad of health issues landing the incarcerated Harvey Weinstein in hospital last week, the much-accused producer is still expected to show up in court tomorrow — at least right now.

“Mr. Weinstein entered prison with serious medical issues, and they have not magically disappeared, but are being managed,” the producer’s long-time spokesperson Juda Engelmayer tells Deadline of his client who is suffering from diabetes, cardiac issued, sleep apnea, and who is also near blind.

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Following the April 25 overturning of his 2020 sex crimes conviction, the past few days have seen a storm of rumors that 72-year-old Weinstein wouldn’t make the re-arraignment hearing in the early afternoon local time at 100 Centre Street in Manhattan. While Weinstein’s current condition is far from critical at present and he is under observation at Bellevue, one well-positioned law enforcement source said that “things could turn on a dime” and not to rule out “more drama.”

Weinstein’s reps say otherwise.

“Mr. Weinstein was visited yesterday by his attorneys Arthur Aidala and Diana Samson for several hours,” Engelmayer added. “Mr. Aidala confirms that Mr. Weinstein will be at his hearing on Wednesday and is looking forward to his day in court.”

Moved from his home of sorts in the medium security Mohawk Correctional Facility in upstate New York, Weinstein entered Bellevue Hospital Prison Ward over the weekend. In between, there was a brief return to Rikers Island less than 24 hours after the Empire State’s Appeal Court junked Weinstein’s 2020 sex crimes conviction and 23-year sentence last week.

The Appeals Court has also ordered a new trial for Weinstein, who maintains he is the innocent.

To that end, the May 1 hearing before Judge Curtis Farber will formally vacate Weinstein’s 2020 NYC verdict and restart the criminal justice process.

Still, because of his 2022 Los Angeles conviction on rape charges and a subsequent 16-year sentence, Weinstein will not be shuffling out of custody anytime soon on either coast.

“Weinstein remains in custody,” said Patrick Rocchio, NY Department of Corrections spokesperson today. “Mr. Weinstein remains in the capable hands of CHS at Bellevue Hospital where his various medical conditions are being monitored and tended to,” notes Craig Rothfeld, Weinstein’s prison consultant and authorized NYC DOCS & Correctional Health Services representative.

The one-time Miramax mini mogul will be sent back to Rikers once all his medical tests are completed and he has stabilized, a law enforcement official stated. The source could not say when that move would or could occur.

One thing we do know for sure in this once again fluid situation, based on the differences between New York state law and California law, is that Weinstein is still set to spend over a decade behind bars. The inclusion of Prior Bad Acts testimony from a number of women on uncharged assault and abuse accusations that now ex-Justice James Burke permitted in Weinstein’s 2020 East Coast trial will have little judicial baring on the Pulp Fiction producer’s LA sentence – whether Weinstein’s West Coast lawyers file an appeal or not.

Back on the East Coast, having taken a hit on the conviction being tossed out in a 4-3 decision by New York’s highest court, Manhattan District Attorney Alvin Bragg’s office have strongly indicated they intended to go back to court with Weinstein in a new trial. “We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault,” the D.A.’s office (which is also prosecuting Donald Trump) indicated on April 25, and reiterated on April 26.

Yet, officially no paperwork has been filed, though that could change as early as Wednesday, sources tell me.

The trip to Bellevue this past weekend is similar to the much-addled Weinstein’s visits to the hospital in the hours and days following his March 2020 sentencing on multiple sex crimes. Then, like now, Weinstein’s health suddenly went downhill, which had the added benefit of keeping him out of the sprawling Rikers on the East River for an extended period of time.

Charged and arrested for rape in May 2018 after revelations by the New York Times in late 2017 detailing decades of abuse and alleged assaults by Weinstein, the producer was convicted in February 2020 on first-degree sexual assault and third-degree rape in the case of Mimi Haley and Jessica Mann.

The 23-year sentence he received from Justice Burke was to be served consecutively. Pivotal to the Appeals Court overturning of the conviction and sentence last week in another blow to the #MeToo movement that emerged, the Weinstein trial that saw Annabella Sciorra and several other women testify about alleged abuse and rape by the producer.

As another consequence of his conviction, Weinstein was also ordered to register as a sex offender by Burke. That designation will likely be removed at the May 1 hearing.

On April 26, Haley said she was “sick to her stomach” upon learning of Weinstein’s conviction being overturned. Saying she was raped by Weinstein in his SoHo apartment in 2006, Haley was a major witness at the 2020 trial.

It is hard to read right now if she will be a witness in a second NYC Weinstein trial

“I definitely don’t want to actually go through that again,” the Gloria Allred-represented Haley stated in a L.A. press conference late last week. “But for the sake of keeping going and doing the right thing, because it is what happened, I would consider it,” she went on to say.

While Haley’s tone was similar to the anger expressed by many survivors since the Appeals Court ruling was made public, her actual testimony could prove essential to the Manhattan D.A. if they decide to take this to trial again, or let California have Weinstein.

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