Is Harvey Weinstein Still In Jail? His New York Conviction Was Overturned

"We will do everything in our power to retry this case and remain steadfast in our commitment to survivors of sexual assault."

Alizabeth Swain - Author

Apr. 25 2024, Published 6:14 p.m. ET

is harvey weinstein still in jail
Source: Getty Images

In a recent turn of events that has sparked widespread discussion and debate, Harvey Weinstein, the disgraced former Hollywood producer, has found himself at the center of attention once again. Following the overturning of his 2020 rape conviction in New York, questions loom large regarding Weinstein's current incarceration status and whether he remains behind bars amid legal complexities and shifting judicial outcomes. So, is Harvey Weinstein still in jail?

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Is Harvey Weinstein still in jail?

In February 2020, Harvey Weinstein faced a verdict in New York where he was convicted of third-degree rape and first-degree criminal sexual act, leading to a substantial 23-year prison sentence served in upstate Rome, New York. Following this, in December 2022, Weinstein encountered another conviction in Los Angeles on charges of rape and other sexual assaults, resulting in an additional 16 years behind bars.

The overturn of his 2020 rape conviction on April 25, 2024, is a significant development in Harvey Weinstein's legal saga. Per the Associated Press, the appeals court has determined that the judge presiding over Weinstein's prior case made questionable decisions, including permitting testimony from a woman regarding allegations unrelated to the charges at hand.

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"We will do everything in our power to retry this case and remain steadfast in our commitment to survivors of sexual assault," a spokesperson for Manhattan District Attorney Alvin Bragg told Reuters.

Despite this overturned conviction, Weinstein will remain incarcerated due to the separate rape conviction in Los Angeles, where he received the 16-year sentence.

 Harvey Weinstein listens in court during a pre-trial hearing for Weinstein, who was extradited from New York to Los Angeles to face sex-related charges at Clara Shortridge Foltz Criminal Justice Center on July 29, 2021 in Los Angeles, California
Source: Getty Images
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After the New York conviction was overturned, Weinstein's lawyer Arthur Aidala said, "Today's ruling is not merely a victory for Harvey Weinstein, but it's a victory for every citizen in this country who's charged with a crime, and no matter how popular or unpopular they are, the court has declared loudly that they are entitled to all of the protections in our United States Constitution and our New York state constitution."

Douglas Wigdor, who represented eight of Weinstein's alleged victims, said, "Today's decision is a major step back in holding those accountable for acts of sexual violence. Courts routinely admit evidence of other uncharged acts where they assist juries in understanding issues concerning the intent, modus operandi or scheme of the defendant. The jury was instructed on the relevance of this testimony and overturning the verdict is tragic in that it will require the victims to endure yet another trial."

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How is Harvey Weinstein's health?

Weinstein has been held in the Mohawk Correctional Facility located east of Syracuse. Per his spokesperson, Juda Engelmayer (via the New York Times), Weinstein has spent his time in prison reading and studying law.

Weinstein's spokesperson told the paper in April 2024, "He’s been to the hospital for his eye issues. He has been going through bouts of difficulty.”

USA Today reported in 2023 that, per his lawyers, Weinstein suffers from "health problems including cardiac issues, diabetes, sleep apnea, and eye problems."

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