New York sex crimes defense attorney offers some thoughts on the Weinstein retrial

On April 25, 2024, the New York Court of Appeals overturned Harvey Weinstein’s 2020 rape and sexual assault convictions, citing significant judicial errors that compromised his right to a fair trial. This decision led to a retrial that commenced in April 2025.

Reasons for Overturning the Conviction

The appellate court’s 4–3 decision centered on the trial judge’s allowance of testimony from women whose allegations were not part of the formal charges against Weinstein. The court determined that this testimony served no material non-propensity purpose and prejudiced the jury, effectively putting Weinstein on trial for his character rather than specific alleged criminal acts. 

This ruling emphasized the importance of adhering to evidentiary rules that protect a defendant’s right to a fair trial, particularly concerning the admissibility of prior bad acts.

The Retrial

Following the overturning of his conviction, Weinstein’s retrial began on April 23, 2025, in Manhattan. The retrial includes charges related to the alleged assaults of Miriam Haley in 2006 and Jessica Mann in 2013, as well as a new charge involving an unidentified woman from 2006.  Prosecutors argue that Weinstein exploited his significant influence in the entertainment industry to manipulate and assault women. 

Weinstein has pleaded not guilty to all charges. The retrial is expected to last up to six weeks and is being closely watched as a significant case within the broader context of the #MeToo movement. 

Despite the overturned New York conviction, Weinstein continues to serve a 16-year sentence from a 2022 rape conviction in California. 

Despite the negative media perception of Mr. Weinstein, he could actually win this retrial. The witnesses will have to testify again and be cross-examined by skilled attorneys who have access to the transcripts from the prior trial. Inconsistencies in their testimony will be pounced upon by the defense. The defense intends to paint these complaining witnesses as opportunists who only claimed to be victims after their Hollywood dreams fizzled. They will be mercilessly asked about their pursuit of relationships with Mr. Weinstein after the alleged rapes, as evidence that they simply wanted something in exchange from him that they never received. Without the Molineux witnesses that prejudiced the jury at the last trial, there is at least a chance that the jury will have some reasonable doubt this time.

Matthew Galluzzo is a former Manhattan sex crimes prosecutor and experienced criminal defense attorney. He has earned acquittals at trial in sex crimes cases in state and federal courts across New York, and he has frequently commented on the Weinstein case in television and print media.