NEW YORK (AP) – The New York State Supreme Court overturned Thursday. harvey weinstein 's 2020 Rape Conviction, Groundbreaking Judge Discovers #me too The trial featured “egregious” and inappropriate decisions, including the decision to allow a woman to testify on allegations unrelated to the case, which prejudiced the former movie mogul.
The court's 4-3 decision “concludes that the trial court erroneously admitted non-indicted testimony regarding alleged past sexual acts with persons other than the complainant of the underlying crime.” Stated. “A new effort is needed to resolve these terrible mistakes.”
The state appeals court's ruling restarts a painful chapter in America's reckoning with sexual misconduct by powerful men — an era that began in 2017 with a slew of accusations against Weinstein. His accusers could be forced to retell their story on the witness stand again.
The court's majority held that “granting untested allegations without shedding light on their credibility in relation to the criminal charges brought against them is nothing short of a bad act that destroys the defendant's character.” is an abuse of judicial discretion.”
In a scathing dissent, Justice Madeleine Singas wrote that the majority “fudges the facts to fit a he-said/she-said narrative,” and that the Court of Appeals “rejected the jury's guilty verdict.” “There continues to be a disturbing trend towards reversal.” Incidents involving sexual violence. ”
“The majority's decision perpetuates outdated concepts about sexual violence and allows predators to escape responsibility,” Singas wrote.
Weinstein, 72, was sentenced to 23 years in a New York prison in 2006 after being convicted of sexual battery for forcing oral sex on a TV and film production assistant and third-degree rape for assault. Served in prison. In 2013 she aspired to be an actress.
He will remain imprisoned. convicted in los angeles Raped again in 2022 and sentenced 16 years in prison. Mr. Weinstein was acquitted in Los Angeles of charges involving one of the women who testified in New York state.
“We all worked hard, and this is a huge victory for all criminal defendants in New York State,” Weinstein's attorney Arthur Aidala said shortly after the verdict.
Douglas H. Wigdor, a lawyer who represented eight of Harvey Weinstein's accusers, including two witnesses, in the New York criminal trial, said the ruling was “a major setback in holding people accountable for acts of sexual violence.” He said that.
“Courts routinely admit evidence of other exculpatory acts that assist juries in understanding issues regarding the defendant's intent, modus operandi, and design.Juries are instructed on the relevance of this testimony; Overturning the verdict is tragic because it means the victims will have to endure yet another trial,” Wigdor said in a statement.
Weinstein's lawyers argued that Judge James Burke's decision in favor of the prosecution made the case “1-800-GET-HARVEY.”
The overturning of Weinstein's conviction marks the second major #MeToo setback in the past two years. The U.S. Supreme Court declined to hear the appeal. About a Pennsylvania state court's decision to throw out Bill Cosby's sexual assault conviction.
Weinstein's conviction lasted more than four years. Activists and advocates hailed it as a breakthrough, but his lawyers and the subsequent Court of Appeals, which heard arguments on the issue in February, were quick to criticize it as well.
Allegations surround Weinstein, the once powerful and feared studio boss behind Oscar-winning films such as “Pulp Fiction” and “Shakespeare in Love.” pioneered the #MeToo movement. Dozens of women have come forward to accuse Weinstein. It also includes famous actresses such as Ashley Judd and Uma Thurman. His trial in New York attracted intense press coverage. Demonstrators shout “rapist” outside the courthouse.
Mr. Weinstein is being held at the Mohawk Correctional Facility, located about 100 miles northwest of Albany, New York.
He maintains his innocence. He maintains that any sexual activity was consensual.
Aidala told the Court of Appeals in February that Burke would allow three women to testify on charges unrelated to the case, and that if Weinstein does testify, he will not be allowed to testify about his long history of brutal behavior. He claimed that he swayed the trial by giving prosecutors permission to confront him. .
Aidala argues that the additional testimony goes beyond the normally permissible details of motive, opportunity, intent, and general plan and design, effectively putting Weinstein on trial for a crime he was not charged with. did.
Aidala said Weinstein wanted to testify but did not because Burke's sentencing would involve answering questions about more than 20 allegations of misconduct dating back 40 years. These included fighting with his brother, a film producer, flipping over a table in anger, biting a waiter, and yelling at his assistant.
“We had a defendant begging to tell his side of the story. This was a he-said, she-said incident, and he was saying, 'That never happened.' Please tell me how I did it,” Aidala insisted. Instead, jurors heard evidence of Weinstein's previous wrongdoing that “had nothing to do with truth or authenticity. It was all about 'he's a bad guy.' ”
Lawyers for the Manhattan district attorney's office, which prosecuted the case, said the judge's sentence was appropriate and that additional evidence the judge allowed to provide context for jurors about Mr. Weinstein's actions and the way he interacted with women. He argued that his testimony was important.
Referring to one of the women Weinstein was accused of assaulting, Appellate Director Stephen Wu said, “The defendant's contention is that they had a consensual and loving relationship before and after the alleged incident.'' That's what it is,'' he claimed. Additional testimony “simply denied that characterization.”
Mr. Wu said that Mr. Weinstein's acquittal on the most serious charges, two counts of predatory sexual assault and a first-degree rape charge related to the alleged rape of actor Annabella Sciorra in the mid-1990s, was a result of the jury's decision to acquit Mr. He said it showed he was paying attention and was not confused or overwhelmed by the additional sentence. testimony.
The Associated Press typically does not identify people who allege sexual assault unless they agree to remain anonymous. Sciorra has spoken publicly about her own suspicions.
court of appeals agreed to file Weinstein's lawsuit last year. After going through the middle appellate court upheld his conviction. Prior to the ruling, lower appellate court judges had questioned Burke's conduct during oral arguments. One observed that Burke had. Let prosecutors repeat “incredibly damaging testimony” Also 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.
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Associated Press reporter Dave Collins reported from Hartford, Connecticut. Associated Press writers Jocelyn Noveck and Larry Neumeister in New York also contributed to this report.
