Daily Local News (West Chester, PA)
Harvey Weinstein’s 2020 rape conviction overturned
New York’s highest court on Thursday threw out Harvey Weinstein’s 2020 rape conviction with a ruling that shocked and disappointed women who celebrated historic gains during the #MeToo era and left those who testified in the case bracing for a retrial against the exmovie mogul.
The court found the trial judge unfairly allowed testimony against Weinstein based on allegations that weren’t part of the case.
Weinstein, 72, will remain in prison because he was convicted in Los Angeles in 2022 of another rape. But the New York 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.
#MeToo advocates noted that Thursday’s ruling was based on legal technicalities and not an exoneration of Weinstein’s behavior, saying the original trial irrevocably moved the cultural needle on attitudes about sexual assault.
The Manhattan district attorney’s office said it intends to retry Weinstein, and at least one of his accusers said through her lawyer that she would testify again.
The state Court of Appeals overturned Weinstein’s 23-year sentence in a 4-3 decision, saying “the trial court erroneously admitted testimony of uncharged, alleged prior sexual acts” and permitted questions about Weinstein’s “bad behavior” if he had testified. It called this “highly prejudicial” and “an abuse of judicial discretion.”
In a stinging dissent, Judge Madeline Singas wrote that the Court of Appeals was continuing a “disturbing trend of overturning juries’ guilty verdicts in cases involving sexual violence.” She said the ruling came at “the expense and safety of women.”
In another dissent, Judge Anthony Cannataro wrote that the decision was “endangering decades of progress in this incredibly complex and nuanced area of law” regarding sex crimes after centuries of “deeply patriarchal and misogynistic legal tradition.”
The reversal of Weinstein’s conviction is the second major #MeToo setback in the last two years. 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 has been in a New York prison since his conviction 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 was acquitted on the most serious charges — two counts of predatory sexual assault and first-degree rape.
He was sentenced to 16 years in prison in the Los Angeles case.
Weinstein’s lawyers expect Thursday’s court ruling to have a major impact on the appeal of his Los Angeles rape conviction. Their arguments are due May 20.
Jennifer Bonjean, a Weinstein attorney, said the California prosecution also relied on evidence of uncharged conduct alleged against him.
“A jury was told in California that he was convicted in another state for rape,” Bonjean said. “Turns out, he shouldn’t have been convicted, and it wasn’t a fair conviction. … It interfered with his presumption of innocence in a significant way in California.”
Weinstein lawyer Arthur Aidala called the Court of Appeals ruling “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” and contrary to routine rulings by judges allowing evidence of uncharged acts to help jurors understand the intent or patterns of a defendant’s criminal behavior.
Debra Katz, a prominent civil rights and #MeToo attorney who represented several Weinstein accusers, said her clients are “feeling gutted” by the ruling but that she believed — and was telling them — that their testimony had changed the world.
“People continue to come forward, people continue to support other victims who’ve reported sexual assault and violence, and I truly believe there’s no going back from that,” Katz said.
She predicted Weinstein will be convicted at a retrial and said accusers like her client Dawn Dunning feel great comfort knowing Weinstein will remain behind bars.