Harvey Weinstein’s new york rape conviction That ruling was overturned Thursday by the state Supreme Court, which ordered the disgraced Hollywood mogul to get a new trial.
In a 4-3 decision, the New York State Court of Appeals found that a Manhattan judge “erroneously” allowed testimony from three women who made allegations unrelated to the case.
Additionally, trial court Judge James Burke said that if the former Hollywood producer chooses to testify, he could be “severely challenged on the witness stand for these allegations and the numerous other allegations of misconduct he played as defendants in the film.” The court ruled that the case was wrong, and that the court had “compounded that mistake.” This is very harmful light. ”
The appeals court stated that “the remedy for these serious errors is a new trial.”
Weinstein, 72, was sentenced to prison in New York in 2006 after being convicted of forcing oral sex on former “Project Runway” production assistant Miriam “Mimi” Haley and raping hairstylist Jessica. He is serving a 23-year prison sentence. Man in 2013.
Despite Thursday’s decision, Weinstein will remain in prison as he was previously sentenced to 16 years in prison in February 2023 in a Los Angeles criminal case for raping an Italian model. She testified that a man threw himself at her after he showed up uninvited outside her hotel room during the Italian Film Festival in Italy in 2013.
He was acquitted of the charge of sexual assault while restraining Jane Doe 3, and the jury debated whether he was guilty of sexual assault while restraining Jane Doe 2.
Representatives for Mr. Weinstein and the Manhattan District Attorney’s Office did not respond to requests for comment.
In a scathing dissent, Justice Madeline Singas wrote that the majority “fudges the facts to fit a he-said/she-said narrative,” and the appeals court ruled that “the jury’s guilty verdict in the case… “There continues to be a disturbing trend of overturning the situation.” Those involving sexual violence. ”
“The majority’s decision perpetuates outdated concepts about sexual violence and allows predators to escape responsibility,” Singas wrote.
The reversal of Weinstein’s conviction follows the U.S. Supreme Court’s refusal to hear an appeal of a Pennsylvania state court’s ruling that threw out Bill Cosby’s sexual assault conviction, and the #MeToo movement of the past two years. This is the second major setback for the movement.
Despite an outpouring of women, including famous actresses like Ashley Judd and Uma Thurman, to come forward with allegations about the studio bosses behind Oscar-winning films such as “Pulp Fiction” and “Shakespeare in Love.” Weinstein has steadfastly maintained his innocence.
The former Hollywood mogul, who is incarcerated at the Mohawk Correctional Facility, about 100 miles northwest of Albany, New York, insists all sex was consensual.
The Court of Appeals last year agreed to take Weinstein’s case after the Intermediate Court of Appeals upheld his conviction.
Weinstein’s lawyer, Arthur Aidala, told the newspaper at the time: “We remind the Court of Appeals and trial courts across the state that defendants cannot be judged on the basis of their character, but must be judged on the basis of the conduct to which they are subjected. “I’m going to ask you to do that,” the defendant said.
“The trial judge ignored a basic rule of New York law and admitted into evidence illegal conduct that prevented Mr. Weinstein from testifying in his defense to forcefully assert his innocence.”
Prior to the ruling, lower appellate court judges had questioned Burke’s conduct during oral arguments. One observed that Burke had prosecutors pile up “incredibly biased testimony” from additional witnesses.
Burke’s term expired at the end of 2022, but he was not reappointed and is no longer a judge.
On appeal, Weinstein’s lawyers asked for a new trial on only the sexual conduct charges.
They argued that a retrial was not possible because the rape charge involved an act that exceeded the statute of limitations.
with post wire
