Achi news desk-
Harvey Weinstein was already expected to spend the rest of his life in prison for crimes in New York when a Los Angeles jury found him guilty of rape and sexual assault in 2022 and was sentenced to an additional 16 years.
But on Thursday New York’s top court overturned Weinstein’s 2020 conviction for two sex crimes and found he should receive a new trial, and the California case has become even more important.
“Some thought the [Los Angeles] to be unnecessary,” said Elizabeth Fegan, a lawyer for some of Weinstein’s accusers. “Now we realize how important it was.”
Weinstein’s lawyers have argued that his conviction in New York affected his case in Los Angeles, and Thursday’s development has raised concerns about the impact the court ruling will have on his effort to appeal in California.
As attorneys for Weinstein celebrated the New York court ruling, they said they were optimistic it would boost efforts to appeal his rape conviction in Los Angeles.
During a press conference on Thursday, Arthur Aidala, Weinstein’s lawyer, who called the ruling “a great day for America”, suggested that the evidence for an appeal was even stronger in California.
“A jury in California was told he was convicted in another state for rape … It turns out he shouldn’t have been convicted, and it wasn’t a fair conviction,” said Jennifer Bonjean, Weinstein’s California lawyer who appeal against his conviction. . “It interfered with his presumption of innocence in a significant way in California.”
Weinstein, 72, had been serving 23 years in prison after a criminal conviction in New York in 2020 for two sex crimes. In 2022, he was sentenced to 16 years in prison after a jury found him guilty of rape and sexual assault. The convictions were seen as major victories in the #MeToo movement, which was fueled by the many women who came forward with accusations against Weinstein.
A New York appeals court ruled that the judge overseeing Weinstein’s 2020 trial had unfairly allowed testimony against him from other women whose allegations were not part of the case.
“[Weinstein] was convicted by a jury of various sexual offenses against three named complainants and, on appeal, claims he was convicted, not on the conduct for which he was charged, but on irrelevant, prejudicial and unproven allegations of previous bad deeds,” the court said in Thursday’s decision.
As for whether Weinstein will face another trial, prosecutors in New York said “we will do everything in our power to retry this case, and remain steadfast in our commitment to sexual assault survivors”.
He will remain in New York while he awaits his next trial, Aidala said. His conviction in California still stands but is being reviewed by the state appeals court.
Weinstein’s lawyer, Mark Werksman, told the Los Angeles Times that he “faced the same fundamental unfairness in the Los Angeles case, where the judge let the jury hear four allegations of sexual assault without charging him”.
“Harvey was subjected to a firehose of incredible uncharged allegations that destroyed his right to a fair trial on the charges in the indictment. This case should be reversed for the same reasons as the New York case for reversal. “
Legal analysts have said Weinstein faces a difficult path to overturning his conviction in California.
“Harvey Weinstein’s appeal of his conviction in Los Angeles faces an uphill battle. A California law passed nearly 30 years ago allows prosecutors to introduce evidence that a sex crime defendant has engaged in prior sexual misconduct. This law has held up on appeal,” said V James DeSimone, a civil rights attorney in Los Angeles.
California laws are much more permissive and accept prior bad acts and evidence of a crime without being charged, said Adanté Pointer, a civil rights attorney in Oakland.
“Most such appeals go down in flames, however, given the wealth and power of this defendant, I’m sure he’s mounting the best defense money can buy,” he said. “That doesn’t necessarily mean he wins on appeal, but it certainly means he will throw the best legal minds at trying to squeeze his appeal through the eye of this legal needle.”
Attorney David Ring, who represents Evgeniya Chernyshova – Weinstein’s victim in Los Angeles, said his client was disappointed by the verdict but hopeful.
“She and I are confident that Weinstein’s conviction in Los Angeles for rape will be upheld,” Ring said. “As the only victim who now has a criminal conviction against Weinstein, she will continue to stand tall and do whatever is necessary to get justice not only for herself but for all victims.”
The Los Angeles district attorney’s office did not immediately respond to a request for comment.
Reuters and the Associated Press contributed
