New York appeals courtroom overturns Harvey Weinstein’s 2020 rape conviction from landmark #MeToo trial
NEW YORK (AP) — New York’s highest courtroom on Thursday overturned Harvey Weinstein ’s 2020 rape conviction, discovering the choose on the landmark #MeToo trial prejudiced the ex-movie mogul with “egregious” improper rulings, together with a choice to let girls testify about allegations that weren’t a part of the case.
“We conclude that the trial courtroom erroneously admitted testimony of uncharged, alleged prior sexual acts towards individuals aside from the complainants of the underlying crimes,” the courtroom’s 4-3 determination mentioned. “The treatment for these egregious errors is a brand new trial.”
The state Court docket of Appeals ruling reopens a painful chapter in America’s reckoning with sexual misconduct by highly effective figures — an period that started in 2017 with a flood of allegations towards Weinstein. His accusers may once more be compelled to retell their tales on the witness stand.
The courtroom’s majority mentioned “it’s an abuse of judicial discretion to allow untested allegations of nothing greater than dangerous conduct that destroys a defendant’s character however sheds no gentle on their credibility as associated to the prison fees lodged towards them.”
In a stinging dissent, Decide Madeline Singas wrote that almost all was “whitewashing the info to adapt to a he-said/she-said narrative,” and mentioned the Court docket of Appeals was persevering with a “disturbing pattern of overturning juries’ responsible verdicts in circumstances involving sexual violence.”
“The majority’s determination perpetuates outdated notions of sexual violence and allows predators to escape accountability,” Singas wrote.
Weinstein, 72, has been serving a 23-year sentence in a New York prison following his conviction on charges of criminal sex act for forcibly performing oral sex on a TV and film production assistant in 2006 and rape in the third degree for an attack on an aspiring actress in 2013.
He will remain imprisoned because he was convicted in Los Angeles in 2022 of one other rape and sentenced to 16 years in prison. Weinstein was acquitted in Los Angeles on fees involving one of many girls who testified in New York.
Weinstein lawyer Arthur Aidala mentioned instantly after the ruling got here out: “All of us labored very laborious and it is a large victory for each prison defendant within the state of New York.”
Lawyer Douglas H. Wigdor, who has represented eight Harvey Weinstein accusers together with two witnesses on the New York prison trial, referred to as the ruling “a significant step again in holding these accountable for acts of sexual violence.”
“Courts routinely admit proof of different uncharged acts the place they help juries in understanding points regarding the intent, modus operandi or scheme of the defendant. The jury was instructed on the relevance of this testimony and overturning the decision is tragic in that it’s going to require the victims to endure one more trial,” Wigdor mentioned in a press release.
Weinstein’s legal professionals argued Decide James Burke’s rulings in favor of the prosecution turned the trial into “1-800-GET-HARVEY.”
The reversal of Weinstein’s conviction is the second main #MeToo setback within the final two years, after the U.S. Supreme Court refused to hear an appeal of a Pennsylvania courtroom determination to throw out Invoice Cosby’s sexual assault conviction.
Weinstein’s conviction stood for more than four years, heralded by activists and advocates as a milestone achievement, however dissected simply as rapidly by his legal professionals and, later, the Court docket of Appeals when it heard arguments on the matter in February.
Allegations towards Weinstein, the as soon as highly effective and feared studio boss behind such Oscar winners as “Pulp Fiction” and “Shakespeare in Love,” ushered in the #MeToo movement. Dozens of women came forward to accuse Weinstein, together with well-known actresses reminiscent of Ashley Judd and Uma Thurman. His New York trial drew intense publicity, with protesters chanting “rapist” outside the courthouse.
Weinstein is incarcerated in New York on the Mohawk Correctional Facility, about 100 miles (160 kilometers) northwest of Albany.
He maintains his innocence. He contends any sexual exercise was consensual.
Aidala argued earlier than the appeals courtroom in February that Burke swayed the trial by permitting three girls to testify about allegations that weren’t a part of the case and by giving prosecutors permission to confront Weinstein, if he had testified, about his lengthy historical past of brutish conduct.
Aidala argued the additional testimony went past the usually allowable particulars about motive, alternative, intent or a typical scheme or plan, and basically put Weinstein on trial for crimes he wasn’t charged with.
Weinstein needed to testify, however opted to not as a result of Burke’s ruling would’ve meant answering questions on greater than two-dozen alleged acts of misbehavior relationship again 4 a long time, Aidala mentioned. They included preventing along with his film producer brother, flipping over a desk in anger and snapping at waiters and yelling at his assistants.
“We had a defendant who was begging to inform his aspect of the story. It’s a he mentioned, she mentioned case, and he’s saying ‘that’s not the way it occurred. Let me let you know how I did it,’” Aidala argued. As a substitute, the jurors heard proof of Weinstein’s prior dangerous conduct that “had nothing to do with fact and veracity. It was all ‘he’s a nasty man.’”
A lawyer for the Manhattan district legal professional’s workplace, which prosecuted the case, argued that the choose‘s rulings have been correct and that the additional proof and testimony he allowed was essential to offer jurors context about Weinstein’s conduct and the way in which he interacted with girls.
“Defendant’s argument was that that they had a consensual and loving relationship each earlier than and after the charged incidents,” Appellate Chief Steven Wu argued, referring to one of many girls Weinstein was charged with assaulting. The extra testimony “simply rebutted that characterization utterly.”
Wu mentioned Weinstein’s acquittal on essentially the most critical fees — two counts of predatory sexual assault and a first-degree rape cost involving actor Annabella Sciorra’s allegations of a mid-Nineties rape — confirmed jurors have been paying consideration and so they weren’t confused or overwhelmed by the extra testimony.
The Related Press doesn’t typically determine individuals alleging sexual assault except they consent to be named; Sciorra has spoken publicly about her allegations.
The Court docket of Appeals agreed last year to take Weinstein’s case after an intermediate appeals courtroom upheld his conviction. Previous to their ruling, judges on the decrease appellate courtroom had raised doubts about Burke’s conduct throughout oral arguments. One noticed that Burke had let prosecutors pile on with “incredibly prejudicial testimony” from extra witnesses.
Burke’s time period expired on the finish of 2022. He was not reappointed and is now not a choose.
In interesting, Weinstein’s legal professionals sought a brand new trial, however just for the prison sexual act cost. They argued the rape cost couldn’t be retried as a result of it includes alleged conduct exterior the statute of limitations.
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Related Press author Dave Collins reported from Hartford, Connecticut. AP writers Jocelyn Noveck and Larry Neumeister in New York additionally contributed to this story.
