Manhattan district attorney, Alvin Bragg, says his team is determined to retry case against the disgraced movie mogul
Harvey Weinstein will be retried in New York, the Manhattan district attorney’s office said on Wednesday, a week after the state’s highest court threw out his 2020 rape conviction.
Weinstein arrived at a Manhattan courthouse in the afternoon, his first appearance since the decision by the appeals court last week.
Wearing a navy blue suit, he was seated in a wheelchair pushed by a court officer as he entered the preliminary hearing in Manhattan that is expected to include discussion of evidence, scheduling and other matters, according to Weinstein’s attorney, Arthur Aidala.
The Manhattan district attorney, Alvin Bragg, said via his office staff that his team was determined to retry the case against the disgraced movie mogul.
Not that I don’t want to see him retried, but how is this not double jeopardy?
I would image it’s because the original trial was declared invalid (mis-trial). Not because he was found not guilty. Essentially no verdict has been reached, therefore double jeopardy isn’t applicable.
The previous conviction was overturned on a procedural issue, like a mistrial. He wasn’t pardoned or found not guilty, so it isn’t double jeopardy. It’s just a “redo” to make sure another jury would still convict without the procedural issue.