Harvey Weinsteins New York conviction was overturned by the court of appeals

June 30, 2024

Harvey Weinstein’s 2020 conviction on felony sex crime charges has been overturned. Weinstein was prosecuted by the state of New York and found guilty of two sexual assault/rape charges in February 2020. He’s been in custody of the state ever since. He was in Rikers for a while, then he was moved to a prison in Rome, New York. In the years since his conviction, the state of California prosecuted him for assaulting and raping women there as well, and California would be happy to take custody of Weinstein and house him at one of their most decrepit prisons. Which might actually happen, because of this overturned verdict:

New York’s highest court on Thursday overturned Harvey Weinstein’s 2020 conviction on felony sex crime charges, a stunning reversal in the foundational case of the #MeToo era.

In a 4-3 decision, the New York Court of Appeals found that the trial judge who presided over Mr. Weinstein’s case had made a crucial mistake, allowing prosecutors to call as witnesses a series of women who said Mr. Weinstein had assaulted them — but whose accusations were not part of the charges against him.

Citing that decision and others it identified as errors, the appeals court determined that Mr. Weinstein, who as a movie producer had been one of the most powerful men in Hollywood, had not received a fair trial. The four judges in the majority wrote that Mr. Weinstein was not tried solely on the crimes he was charged with, but instead for much of his past behavior.

Now it will be up to the Manhattan district attorney, Alvin L. Bragg — already in the midst of a trial against former President Donald J. Trump — to decide whether to seek a retrial of Mr. Weinstein.

“It is an abuse of judicial discretion to permit untested allegations of nothing more than bad behavior that destroys a defendant’s character but sheds no light on their credibility as related to the criminal charges,” Judge Jenny Rivera wrote on behalf of the majority.

When reached by phone, Arthur Aidala, Mr. Weinstein’s lawyer, said, “This is not just a victory for Mr. Weinstein but for every criminal defendant in the state of New York, and we compliment the Court of Appeals for upholding the most basic principles that a criminal defendant should have in a trial.”

[From The NY Times]

Basically, the appeals court says that the prosecution could not introduce evidence that Weinstein was a serial predator who abused, assaulted and raped over 100 women over the course of decades. I hope Alvin Bragg retries the case, honestly. Charge Weinstein with everything, bring in every single one of his victims and just redo the whole thing with even more charges. Or whatever – send him to California.

Photos courtesy of Backgrid.

** RIGHTS: ONLY UNITED STATES, AUSTRALIA, CANADA, NEW ZEALAND ** New York, NY – Harvey Weinstein pleads not guilty to sexual assault charges as he arrives at Manhattan court on with his lawyer Benjamin Brafman in New York. Pictured: Harvey Weinstein BACKGRID USA 5 JUNE 2018 BYLINE MUST READ: Best Image / BACKGRID USA: +1 310 798 9111 / usasales@backgrid.com UK: +44 208 344 2007 / uksales@backgrid.com *UK Clients – Pictures Containing Children Please Pixelate Face Prior To Publication*

New York, NY – Disgraced movie producer Harvey Weinstein is seen exiting Criminal Court after a judge agreed to allow Harvey to hire a new defense team, despite concerns that two of the new attorneys represented Weinstein accuser Rose McGowan on a drug charge. Weinstein is accused of raping a woman in 2013 and performing a forcible sex act on another woman in 2006. He faces life in prison if convicted. Pictured: Harvey Weinstein BACKGRID USA 25 JANUARY 2019 BYLINE MUST READ: MediaPunch / BACKGRID USA: +1 310 798 9111 / usasales@backgrid.com UK: +44 208 344 2007 / uksales@backgrid.com *UK Clients – Pictures Containing Children Please Pixelate Face Prior To Publication*

New York, NY – Harvey Weinstein agreed to post additional security to ensure he will not flee a criminal sexual assault case brought by New York prosecutors, who had sought to increase his bail after he allegedly failed to wear his electronic ankle monitor. Prosecutors had sought $5 million bail for the former Hollywood producer rather than the original $1 million, but Justice James Burke of the State Supreme Court in Manhattan agreed to let Weinstein post a $2 million insurance bond. Weinstein, 67, used a walker to enter the courthouse. His lawyer, Donna Rotunno, said he is expected to have back surgery on Thursday. Pictured: Harvey Weinstein BACKGRID USA 11 DECEMBER 2019 BYLINE MUST READ: MediaPunch / BACKGRID USA: +1 310 798 9111 / usasales@backgrid.com UK: +44 208 344 2007 / uksales@backgrid.com *UK Clients – Pictures Containing Children Please Pixelate Face Prior To Publication*

New York, NY – Hollywood mogul Harvey Weinstein who is standing trial on sexual assault charges is seen arriving in court in New York City. Pictured: Harvey Weinstein BACKGRID USA 21 FEBRUARY 2020 USA: +1 310 798 9111 / usasales@backgrid.com UK: +44 208 344 2007 / uksales@backgrid.com *UK Clients – Pictures Containing Children Please Pixelate Face Prior To Publication*

New York City, NY – Harvey Weinstein is seen arriving at Manhattan Criminal Court in New York City as jury deliberations continue in his rape trial. **SHOT ON 02/21/2020 Pictured: Harvey Weinstein BACKGRID USA 24 FEBRUARY 2020 USA: +1 310 798 9111 / usasales@backgrid.com UK: +44 208 344 2007 / uksales@backgrid.com *UK Clients – Pictures Containing Children Please Pixelate Face Prior To Publication*

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