Weinstein’s Conviction Upheld, Judge to be Held Accountable

An appeals court confirmed on Friday that Harvey Weinstein’s conviction for rape and sexual assault, which occurred in California in 2022, would stand. However, the court also indicated that accountability is needed for the presiding judge.

The verdict came from a three-judge panel in California’s Second District Court of Appeal, and it was unanimous.

“We are certainly disappointed by today’s ruling and respectfully disagree with the Court of Appeals regarding the trial’s fairness for Mr. Weinstein,” said Judah Engelmayer, a spokesperson for Weinstein, via email. “That said, the court did recognize that his sentence is intolerable.”

This decision followed closely after New York prosecutors announced that Weinstein would not face trial for a fourth time, dropping a #MeToo-era case, citing his inability to testify again.

Weinstein is currently serving time in New York for other sexual offenses. However, the New York rape charge remains unresolved. His conviction there had been overturned, and there were two instances of hung juries.

In California, Weinstein was found guilty in December 2022 of one count of rape and two counts of sexual assault against an Italian model known as “Jane Doe 1.” He received a 16-year prison sentence.

Defense lawyers argued in their appeal that the trial judge, Lisa B. Rench, unjustly limited the testimony of a film festival director, and they are seeking a new trial.

In New York, Weinstein awaits sentencing for assaulting another woman, with prosecutors pushing for a 20-year sentence. He will serve that time before beginning his California sentence.

After the Los Angeles trial, Jane Doe 1, who later identified herself as Evgeniya Chernyshova, filed a civil lawsuit against Weinstein.

Chernyshova alleged that Weinstein entered her hotel room uninvited during the 2013 LA Italian Film Festival and assaulted her.

Weinstein’s defense team contended that the judge improperly restricted questions regarding Facebook messages between Chernyshova and festival director Pascal Vicedomini, which they claimed indicated a sexual relationship.

They argued this would disprove her assertion that she and Vicedomini were “just friends and colleagues.” They further maintained that her absence from her hotel room on the night of the alleged assault would strengthen their defense.

Attorney Jennifer Bonjean stressed during arguments that the lower courts had significantly weakened Weinstein’s defense.

State Representative David Glassman stated that the incidents mentioned were unrelated to the current issues in this case.

Before sentencing, Weinstein proclaimed to the judge that it was a “fabricated story” by a woman he had never met.

A jury in the Los Angeles trial found him not guilty of charges involving a sexual assault against a massage therapist but could not reach a verdict regarding two other women.

Engelmayer expressed in an email, “This is not the conclusion of the appeals process. We believe there were serious legal errors that impacted the proceedings and need further examination, and we plan to request a review by the California Supreme Court.”

Chernyshova’s attorney and the Los Angeles prosecutors did not provide immediate comments in response to requests for clarification.