Weinstein due in court as witness weighs testifying

Wednesday will be the first court appearance since New York's highest court on Thursday threw out Weinstein's 2020 rape conviction, ordering a new trial. The District Attorney's office has said it intends to pursue a retrial.

"We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault," the office said in a statement.

Meanwhile, a woman he was sent to prison for sexually assaulting said on Friday she is considering whether she would testify at any retrial.

Mimi Haley said she is still processing Thursday's decision by the state Court of Appeals and is considering numerous factors, including the trauma of having to prepare for another trial and again relive what happened to her.

"It was re-traumatising and gruelling and exhausting and all the things," she said during a news conference with her lawyer, Gloria Allred.

"I definitely don't want to actually go through that again. But for the sake of keeping going and doing the right thing and because it is what happened, I would consider it."

Weinstein was convicted in New York in February 2020 of forcing himself on Haley, a TV and film production assistant, in 2006 for oral sex and raping an aspiring actress in 2013.

The Associated Press does not generally identify people alleging sexual assault unless they consent to be named and Haley has agreed to be named.

Weinstein, 72, will remain in prison because he was convicted in Los Angeles in 2022 of another rape. He was sentenced to 16 years in prison in that case.

Allred said the New York decision shows how important it was to also bring charges in California, even when critics called that prosecution superfluous.

Weinstein's lawyer, Arthur Aidala, did not immediately respond to an email seeking a response to Haley's comments. But on Thursday he called the state Court of Appeals ruling "a tremendous victory for every criminal defendant in the state of New York".

Australian Associated Press