Topline
Harvey Weinstein was granted an appeal of his 2020 conviction of third-degree rape and other sexual crimes Wednesday, according to NBC News and NBC New York, in what could be another possible undoing of a high-profile #MeToo verdict.
Harvey Weinstein arrives at the Manhattan Criminal Court, on February 24, 2020 in New York City.
Key Facts
New York Court of Appeals Chief Judge Janet DiFiore issued the ruling granting Weinstein a criminal leave application, a court spokesman told NBC, more than one year after Weinstein was sentenced to 23 years in state prison.
Weinstein’s conviction, which stems from allegations from accusers Jessica Mann and Mimi Haley, could be vacated, upheld, or changed, or a new trial could be ordered, and oral arguments are expected to be held next year.
DiFiore granted the opportunity for the appeal on the grounds that there are “questions of law” that should be further reviewed by the Court of Appeals, according to the New York Law Journal.
Weinstein previously argued that testimony from women who were not victims should not have been admitted, and that a juror who allegedly lied about writing a book on predatory men should have been dismissed.
Weinstein’s lawyer, Arthur Aidala, said he is “hopeful the entire court will find that Mr. Weinstein did not receive a fair trial and reverse his conviction,” and that his client maintains his innocence.
Weinstein is preparing to face trial again in Los Angeles in October over rape and sexual assault charges, which he has pleaded not guilty to.
Key Background
The uncovering of widespread sexual abuse allegations against Weinstein in 2017 sparked the #MeToo movement, and served as a catalyst that brought similar claims against powerful figures in nearly every industry. Over 80 accusers have come forward against Weinstein. In the 2020 trial in New York, Weinstein was convicted of one count of third degree rape and two charges of commuting a sexual act in the first degree, and was acquitted of one count of first-degree rape and two counts of predatory sexual assault. In June, an appeals court upheld his conviction.
Tangent
Bill Cosby, who was also accused of sexual abuse by dozens of women, was freed from prison last year when his conviction was overturned by the Pennsylvania Supreme Court. The court ruled that the district attorney had to follow his predecessor’s agreement to not charge Cosby when he gave potentially incriminating statements against himself during a civil trial brought by accuser Andrea Constand.
Further Reading
More than two years after his rape conviction, Harvey Weinstein is granted an appeal (NBC News)
Harvey Weinstein Granted Appeal in New York Rape Conviction (NBC New York)
New York’s High Court To Hear Harvey Weinstein’s Appeal of Sex Crimes Conviction (New York Law Journal)
Source: https://www.forbes.com/sites/marisadellatto/2022/08/24/harvey-weinstein-granted-appeal-in-new-york-sex-assault-case/