Retrial of Harvey Weinstein unlikely to occur soon, if ever, experts say

U.S. Law Review

A retrial in New York of disgraced former movie mogul Harvey Weinstein won’t be coming to a courtroom anytime soon, if ever, legal experts said on a day when one of two women considered crucial to his rape trial said she wasn’t sure she would testify again.

A ruling Thursday by the New York Court of Appeals voided the 2020 conviction of the onetime Hollywood power broker who prosecutors say forced young actors to submit to his prurient desires by dangling his ability to make or break the their careers.

On Saturday, Weinstein was in custody in a Manhattan hospital where he was undergoing multiple tests, attorney Arthur Aidala said. He was returned Friday to New York City jails from a state prison 100 miles (160 kilometers) northwest of Albany. He remains behind bars because he was also convicted in a similar case in California.

“He’s got a lot of problems. He’s getting all kinds of tests. He’s somewhat of a train wreck health wise,” Aidala said.

The appeals court in a 4-3 decision vacated a 23-year jail sentence and ordered a retrial of Weinstein, saying the trial judge erred by letting three women testify about allegations that were not part of the charges and by permitting questions about Weinstein’s history of “bad behavior” if he testified. He did not. He was convicted of forcibly performing oral sex on a TV and film production assistant and of third-degree rape for an attack on an aspiring actor in 2013.

Several lawyers said in interviews Friday that it would be a long road to reach a new trial for the 72-year-old ailing movie mogul and magnet for the #MeToo movement who remains behind bars, and it was doubtful that one could start before next year, if at all.

“I think there won’t be a trial in the end,” said Joshua Naftalis, a former Manhattan federal prosecutor now in private practice. “I don’t think he wants to go through another trial, and I don’t think the state wants to try him again.”

Naftalis said both sides may seek a resolution such as a plea that will eliminate the need to put his accusers through the trauma of a second trial.

Aidala said Saturday that he plans to tell a judge at a Manhattan court appearance Wednesday that he believes a trial could occur anytime after Labor Day.

With the scaled-down case ordered by the appeals court, Aidala predicted that it could be finished in a week and his client would be exonerated.

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USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.