Weinstein Walks

[George K]

https://www.cnn.com/2024/04/25/us/harvey-weinstein-conviction-overturned-appeal/index.html

he New York Court of Appeals on Thursday overturned the sex crimes conviction against Harvey Weinstein, the powerful Hollywood producer whose downfall stood as a symbol of the #MeToo movement.

The court, by a 4-3 vote, ordered a new trial.

“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 because that testimony served no material non-propensity purpose,” the ruling, written by Judge Jenny Rivera, states.

“The court compounded that error when it ruled that defendant, who had no criminal history, could be cross examined about those allegations as well as numerous allegations of misconduct that portrayed defendant in a highly prejudicial light. The synergistic effect of these errors was not harmless.”

Weinstein, 72, is being held at Mohawk Correctional Facility in Rome, New York, according to the state Department of Corrections and Community Supervision. He also was sentenced last year in Los Angeles to 16 years in prison for charges of rape and sexual assault.

CNN reached out Thursday to Weinstein attorney Arthur Aidala and Manhattan District Attorney Alvin Bragg for comment.

In New York, Weinstein was convicted in 2020 of first-degree criminal sexual act and third-degree rape, and he was sentenced to 23 years in prison. The charges that resulted in convictions were based on the testimony of Miriam Haley and Jessica Mann. In addition, three other women testified during the trial as “prior bad acts” witnesses as prosecutors sought to show Weinstein had a pattern of abuse.

Not sure I get it.

The testimony of other alleged victims might not be allowed, but the testimony of the women who accused him of rape in the original complaint should be.

[taiwan_girl]

Will they send him to Los Angeles to do his prison there?

[Renauda]

Surprised to learn that he is only 72.

[Mik]

Yes, but if you were on trial for a specific murder, the prosecution would not be allowed to bring in testimony from other alleged murders you were not charged with or convicted of. I think the appellate court is right.

[Jolly]

Next question: Do they re-prosecute him?

[Mik]

Probably. But who knows. Did they need the demonizing to make their case? I'm amazed the judge ever allowed it.

[jon-nyc]

Seems like they would save money just letting California State Penitentiary take it from here.

[George K]

Interesting...

Weinstein was tried in California twice. The first trial a mistrial because of a hung jury on all counts. In the second trial some of the counts were hung, but he was convicted on others. The sentencing in California was, in part, based on his conviction in New York. Now that the New York case is moot, he might have grounds to appeal his sentence in California.

[Mik]

I loved the accusers’ assertions that somehow this was a fix being in. No, it’s just the justice system working as it should. Don’t get me wrong, I’m not a fan of the pig, but I’m also not crazy about prosecutions decades after the fact.