Harvey Weinstein, whose sex crimes conviction was just overturned by New York’s highest court, is expected to take the first step toward a new trial when he appears in court next week.
He is scheduled to appear in Manhattan Supreme Court on Wednesday, after the New York Court of Appeals overturned his conviction for sex crimes against three women.
The prosecutor’s office has said it intends to retry Weinstein if the complaining witnesses are willing to participate in another trial.
“At the Manhattan District Attorney’s Office, our Special Victims Division fights every day to center survivors, elevate their voices and demand justice for these horrific crimes,” said a spokesperson for Manhattan District Attorney Alvin Bragg. in a press release. “Our mission is to center the experiences and well-being of survivors in every decision we make, which we will do as we approach the next steps in this case.”
In a scathing 4-3 opinion released Thursday, the New York Court of Appeals found that the trial judge “erroneously admitted testimony of alleged, uncharged, prior sexual acts against other persons.” as the complainants of the underlying crimes.
The court said the testimony “served no significant non-propensity purpose” and “presented the defendant in a highly prejudicial light.”
Former film producer Harvey Weinstein appears in court at the Clara Shortridge Foltz Criminal Justice Center in Los Angeles on October 4, 2022.
Etienne Laurent/Pool via Reuters, FILE
Weinstein spokesperson Juda Engelmayer told ABC News on Thursday that they were “happily surprised” by the decision. His appeals lawyer, Arthur Aidala, said at a news conference Thursday that the court’s decision showed that “yes, no one is above the law, but no one is below the law neither”.
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“You can’t throw out 100 years of legal precedent because someone is unpopular,” Aidala said.
The initial trial and conviction followed an explosive October 2017 New York Times article that claimed Weinstein had reached at least eight settlements with women who accused him of sexual misconduct over decades. The story sparked an avalanche of accusations from women who came forward with similar testimonies and largely launched the #MeToo movement, targeting high-profile celebrities for sexual misconduct.
Weinstein, 72, was arrested on May 25, 2018, and charged with first- and third-degree rape for one victim and first-degree criminal sexual act for another woman.
Prosecutors said the film’s producer abused his power to take advantage of aspiring actresses, like the alleged victims, to coerce them into unwanted sex. According to the prosecution, the quid pro quo of helping them with their careers in exchange for sexual favors on demand was both common behavior and a well-known secret throughout the film industry.
He was convicted in February 2020 of two felonies – criminal sexual assault and third-degree rape – but acquitted of the two most serious charges – predatory sexual assault. He was also acquitted of first-degree rape.
Weinstein was also convicted of sex offenses in Los Angeles in 2022 and sentenced to 16 years in prison.
Since Weinstein has already been convicted in California, he will not be released, but transferred to the custody of California prison authorities.
ABC News
