NEW YORK APPEALS COURT OVERTURNS HARVEY WEINSTEIN'S RAPE CONVICTION FROM LANDMARK #METOO TRIAL

New York Appeals Court Overturns Harvey Weinstein's Rape Conviction From Landmark #MeToo Trial

Weinstein was sentenced in 2020 to 23 years in prison for sexual assault and third-degree rape. America's Court of Appeals said the judge made 'egregious errors' in conducting the trial, and overturned the case

April 25th, 18PM April 25th, 18PM

New York's highest court on Thursday overturned Harvey Weinstein's 2020 rape conviction, finding the judge at the landmark #MeToo trial prejudiced the ex-movie mogul with "egregious" improper rulings, including a decision to let women testify about allegations that weren't part of the case.

"We conclude that the trial court erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes," the court's 4-3 decision said. "The remedy for these egregious errors is a new trial."

The state Court of Appeals ruling reopens a painful chapter in America's reckoning with sexual misconduct by powerful figures – an era that began in 2017 with a flood of allegations against Weinstein. His accusers could again be forced to retell their stories on the witness stand.

In a stinging dissent, Judge Madeline Singas wrote that the majority was "whitewashing the facts to conform to a he-said/she-said narrative," and said the Court of Appeals was continuing a "disturbing trend of overturning juries' guilty verdicts in cases 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"The majority's determination perpetuates outdated notions of sexual violence and allows predators to escape accountability," Singas wrote.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 another rape and sentenced to 16 years in prison. Weinstein was acquitted in Los Angeles on charges involving one of the women who testified in New York.

Weinstein's lawyer Arthur Aidala said immediately after the ruling came out: "We all worked very hard and this is a tremendous victory for every criminal defendant in the state of New York."

Attorney Douglas H. Wigdor, who has represented eight Harvey Weinstein accusers including two witnesses at the New York criminal trial, called the ruling "a major step back in holding those accountable for acts of sexual violence."

The reversal of Weinstein's conviction is the second major #MeToo setback in the last two years, after the U.S. Supreme Court refused to hear an appeal of a Pennsylvania court decision to throw out Bill Cosby's sexual assault conviction.

Weinstein's conviction stood for more than four years, heralded by activists and advocates as a milestone achievement, but dissected just as quickly by his lawyers and, later, the Court of Appeals when it heard arguments on the matter in February.

Allegations against Weinstein, the once powerful 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, including famous actresses such as Ashley Judd and Uma Thurman. His New York trial drew intense publicity, with protesters chanting "rapist" outside the courthouse.

The Court of Appeals agreed last year to take Weinstein's case after an intermediate appeals court upheld his conviction. Prior to their ruling, judges on the lower appellate court had raised doubts about Burke's conduct during oral arguments. One observed that Burke had let prosecutors pile on with "incredibly prejudicial testimony"from additional witnesses.

Burke's term expired at the end of 2022. He was not reappointed and is no longer a judge.

2024-04-25T15:12:21Z dg43tfdfdgfd