Harvey Weinstein flashes toothless smiles as judge hammers out rules for upcoming rape retrial

Weinstein had a few small wins ahead of his rape retrial as Judge Curtis Farber hammered out new rules for the upcoming courtroom showdown. The former film producer's 2020 rape conviction was thrown out last year, paving the way for a new trial that could last up to five weeks.

"We can take that transcript and all the judge's rulings and throw them in the garbage," Weinstein's lawyer, Arthur Aidala, argued Wednesday. "That trial was declared illegal by the highest court in this state."

Weinstein's few small wins in court came with Judge Farber ruling that the women accusing the movie mogul of sexual assault cannot be referred to as "survivors," instructing that testifying witnesses must label them "complaining witnesses."

Only some of Weinstein's charges were overturned in April 2024, but the court upheld the acquittal on two counts of predatory sexual assault and first-degree, or forcible, rape. Due to this, Farber ruled one of the accusers cannot use the word "force" during her testimony.

"Does she have to use the word force? She can describe what happened and let the jury draw its own conclusions." the judge asked. "I am not asking her to change her testimony from the first trial. I am asking her to refrain from using the word force."

The prosecution's request to use psychologist Dawn Hughes as an expert witness was granted. Hughes, who will testify about the psychological and traumatic effects of rape and sexual assault, previously testified for Amber Heard in a trial against Johnny Depp and for the prosecution in R. Kelly's 2021 trial.

Weinstein, 72, appeared in court Wednesday in a wheelchair. The hearing began more than an hour late after Farber met with the prosecution and defense behind closed doors to discuss matters still under seal.

At his last hearing, Weinstein begged the court to push his trial date forward as he battles cancer. Farber previously set Weinstein's rape retrial for April 15. However, the disgraced entertainment mogul claimed he would not be here in April.

"I'm asking and begging you to switch," Weinstein told the judge in a rare direct address to the court. "I can't hold on anymore. I'm holding on because I want justice for myself."

Weinstein was rushed to Bellevue Hospital in December after receiving an "alarming blood test." At the time, his rep confirmed the former film producer had been diagnosed with leukemia.

"Mr. Weinstein, who is suffering from a number of illnesses, including leukemia, has been deprived the medical attention that someone in his medical state deserves, prisoner or not. In many ways, this mistreatment constitutes cruel and unusual punishment," Weinstein representative Juda Engelmayer previously told Fox News Digital.

In a 4-3 decision, the court found that Weinstein's trial judge allowed prosecutors to call women who said Weinstein had assaulted them to testify, even though their accusations did not specifically relate to the entertainment mogul's charges.

His retrial in April will feature the same allegations, with the addition of a new accuser.

Weinstein is being retried on charges he forcibly performed oral sex on a movie and TV production assistant in 2006 and raped an aspiring actor in 2013. The additional charge, filed last September, alleges he forced oral sex on a different woman at a Manhattan hotel in 2006.

The Associated Press contributed to this report.