New York prosecutors want to include Annabella Sciorra in case against Harvey Weinstein

Harvey Weinstein’s legal concerns increased on Friday after it was reported that prosecutors in New York are trying once again to allow an accuser’s testimony to count against him.

Sopranos actress Annabella Sciorra claims that Weinstein raped her inside her Manhattan apartment more than 25 years ago. She is unable to press charges, owing to the statute of limitations having expired.

However, Cyrus Vance Jr, the Manhattan district attorney, is hoping that her accusations can be included in the case against Weinstein, which is set to be tried on September 9.

The trial could be delayed if the new allegations are added.

The current indictment is based on allegations that he forcibly performed oral sex on production assistant Mimi Haleyi in 2006, and raped a longtime lover, who hasn’t been publicly identified, in 2013.

If jurors reject one of these victims’ claims, Mr Vance hopes that Sciorra’s allegations could still be used as the second sex crime to satisfy the predatory sexual assault charges.

Joan Illuzzi-Orbon, assistant district attorney, decided to re-present the case to the grand jury.

They heard evidence against Weinstein this week, the New York Post reported, and the jury is scheduled to vote on a new indictment on August 26.

Justice James Burke had previously ruled in the defence’s favour and barred Sciorra from testifying.

At the time, he said that adding Sciorra as a complainant to the two predatory sex assault counts changed the theory of the case and “usurps the role of the grand jury.”

Ms Illuzzi-Orbon also revealed in the filing that Mr Burke had ruled during a sealed hearing that the prosecution could call additional victims to testify about Weinstein’s uncharged crimes, similar to what occurred in the Bill Cosby trial.

Legal experts said Mr Vance’s strategy was highly unusual.

“I’ve never seen a prosecutor go back into the grand jury three weeks before trial,” said Daniel Bibb, who was a Manhattan prosecutor for two decades, and has been practicing as a defence lawyer for 13 years.

“It could indicate that they lack confidence in their case.”

Mark Bederow, a defence lawyer, said the new strategy did not bode well for the prosecution.

“Seeking to re-present the case to a new grand jury, at the 11th hour, to add the testimony of a ‘new’ witness - whose claims have been public for almost two years - is an ominous sign for the strength of the prosecution’s case,” he said.