Will Harvey Weinstein be freed? What's next for disgraced movie mogul as his New York rape conviction is overturned

Harvey Weinstein is likely to be extradited to a California prison after his conviction in New York was overturned, a legal expert said. 

The disgraced movie mogul, 72, saw his 2020 rape and sexual assault conviction quashed on Thursday, as the New York Court of Appeals ruled that he did not receive a fair trial. 

Criminal defense attorney Jason Goldman, who was not involved in the case, told DailyMail.com that Weinstein will now likely face extradition to California, as he also has a 16-year sentence in Los Angeles for a separate 2022 rape case. 

'He is going to have to be held in a California facility for now,' Goldman said. 'The only way he wouldn't be is if the New York courts hold him on bail awaiting trial here again.' 

New York officials have not commented whether they intend to hold Weinstein in custody until his retrial, which Goldman said his attorneys will be 'anxious to move along quickly.' 

Weinstein was jailed for 23 years over the New York attacks, but this latest court ruling has now overturned the convictions. Pictured: Weinstein in February 2020 arriving for trial at Manhattan Criminal Court

Weinstein, pictured with ex-wife Georgina Chapman in happier times, was a titan of the movie industry before allegations of sexual abuse made him the face of the #MeToo movement

Weinstein was convicted in 2020 of raping Jessica Mann (pictured left at court in 2020) at her home in Manhattan in 2013. He was also convicted of sexually assaulting production assistant Mimi Haley, seen (right) walking into his sentencing in New York in 2020

In New York, Weinstein has been serving a 23 year sentence at Mohawk Correctional Facility for the two sex attacks against aspiring actress Jessica Mann and production assistant Mimi Haleyi. 

The ruling was revoked this week in a 4-3 appeal as the court found the original trial judge tainted juror impartiality, in particular by allowing other women to testify to allegations that were not part of the case.  

Following that overturned conviction, his legal team are also appealing the decision in Los Angeles, meaning he may walk free if that case is also quashed. 

While he faces extradition to California, Goldman added that it may not be a quick move, mainly because 'there are some logistical hoops that need to be jumped through.' 

This may include ensuring Weinstein's safety given the notorious nature of his crimes, and his ailing health, with the 72-year-old appearing frail and using a walker in his recent court appearances.  

Despite instant backlash to the New York ruling, with attorneys for his victims branding it a 'major step back', Goldman opined that from a legal perspective, he was not surprised by the move. 

'For all intents and purposes, the judge allowed in an unnecessary amount of uncharged crimes and uncharged evidence against him,' he said. 

'That's very prejudicial for somebody to be tried with that type of evidence. 

'It's just unfair, quite frankly, to bring in a parade of extra evidence that you're not charged with.' 

Criminal defense attorney Jason Goldman (pictured) told DailyMail.com that despite backlash to Thursday's ruling, from a legal perspective it was not surprising  

In New York, Weinstein has been serving a 23 year sentence at Mohawk Correctional Facility

Harvey Weinstein photographed leaving the First Police Precinct in handcuffs in New York after turning himself in

Justice James M. Burke, seen in a court sketch in 2020, was blamed for a 'crucial' mistake in Weinstein's New York trial

Although Weinstein's health is said to be failing him, Goldman added that this would be unlikely to impact his retrial in New York. 

However, the criminal defense attorney said that in his experience in similar cases, Weinstein's New York case may well end up with him taking a plea deal. 

'In a lot of other situations when a retrial rolls around because of an overturned conviction, 95 percent of the time you see a very favorable plea deal,' he said. 

The move on Thursday came as the New York appeals court determined that the original trial judge had made an error in allowing women to testify who were not part of the case.

'We conclude that the trial court erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes,' the decision read.

'It is an abuse of judicial discretion to permit untested allegations of nothing more than bad behavior that destroys a defendant's character but sheds no light on their credibility as related to the criminal charges lodged against them.'

Weinstein's lawyers argued Judge James Burke's rulings in favor of the prosecution turned the trial into '1-800-GET-HARVEY.' 

A new trial has been ordered which could see accusers take to the stand once again. 

Weinstein was separately convicted of rape in Los Angeles in 2022 and sentenced to 16 years in jail. Pictured: Weinstein at a pretrial hearing in the city in 2021

In total, six women took to the stand in the New York trial to give harrowing accounts of alleged abuse including model Tarale Wulff, pictured at the trial in 2020. The ruling states it was a mistake to allow women to testify who did not form part of the criminal complaint

The reversal of his conviction is the second major #MeToo setback in the last two years, after the U.S. Supreme Court refused to hear an appeal of a Pennsylvania court decision to throw out Bill Cosby's sexual assault conviction.

Weinstein's conviction stood for more than four years, heralded by activists and advocates as a milestone achievement, but dissected just as quickly by his lawyers and, later, the Court of Appeals when it heard arguments on the matter in February.  

Although Weinstein's trial saw harrowing testimony from Mann and Haleyi, other allegations were heard that have now triggered the appeal's success this week. 

In testimony over a predatory sexual assault charge, the most serious of charges he faced, Sopranos actress Anabella Sciorra said she was raped by Weinstein in her Manhattan apartment in the mid-1990s. 

Sciorra's allegation was too old to be charged on its own because of the statute of limitations, but jurors had to consider it as a basis for charges alleging Weinstein is a sexual predator.

In total, six women took to the stand to give harrowing accounts of alleged abuse. In total, over 80 women accused Weinstein of rape, sexual assault or harassment. 

Costume designer Dawn Dunning, model Tarale Wulff and actress Lauren Marie Young were among those who testified they were enticed into meeting Weinstein for professional reasons and then groped or raped.

Notably however, during his Los Angeles trial, Weinstein was acquitted on charges involving one of the women who testified in New York.

Weinstein's team is appealing his 2022 Los Angeles rape conviction for which he was sentenced to 16 years

Wigdor Law, which represented eight of Weinstein's accusers including two connected to the New York trial, blasted the appeal court's ruling.

'Today's decision is a major step back in holding those accountable for acts of sexual violence,' the statement said. 

'Courts routinely admit evidence of other uncharged acts where they assist juries in understanding issues concerning the 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.'

Mark Werksman, one of the attorneys who defended Weinstein in the LA case told DailyMail.com that the ruling was a 'great outcome and the right result.' 

'We faced the same fundamental unfairness in the Los Angeles case where the judge allowed the jury to hear evidence about four uncharged and unproven allegations of sexual assault,' he said.

'It’s impossible to get a fair trial when the prosecution’s case consists of more uncharged acts than charged. The case here should be reversed in the same fashion as the New York case.’

Werksman said the New York DA will have 30 or 60 days to decide to refile charges against Weinstein. If the case is dismissed, Weinstein will then be transferred back to LA to serve his 16-year sentence while his appeal in CA is going through the process. The trial briefs have yet to be filed on that appeal, he said.

When asked what the chances are the CA court of appeals could also overturn the lower court’s decision in the LA case, Werksman replied, ‘We are optimistic and certainly a positive the Court of Appeal in New York saw that he didn’t get a fair trial. We hope the California Court of Appeal will reach the same conclusion.’

Werksman said he has not spoken to Weinstein today, but said they talk every now and then. ‘He’s hanging in there, and you know, he’s trying to look forward to a future when these cases against him will be dismissed.’

When asked how Weinstein’s health is doing, Werksman said, ‘He’s had some health difficulties and I don’t imagine they’ve gotten any better while he’s been in custody for the past years, but obviously, he’s suffered from some serious health complications.’