Harvey Weinstein, the disgraced former Hollywood mogul, has officially filed an appeal against his 2022 Los Angeles rape and sexual assault conviction. This move comes on the heels of a significant legal victory earlier this year when a New York appeals court overturned his 2020 convictions for multiple sex crimes.
In a detailed 163-page brief submitted to California’s Second Appellate District, Weinstein’s attorneys, Jennifer Bonjean and Michael J. Freedman, argue that the LA trial was fundamentally flawed. They claim that the jury was prejudiced by knowledge of Weinstein’s prior New York convictions, which were never formally presented as evidence during the trial. The brief asserts that this extrinsic information “infected” the entire trial process, compromising Weinstein’s right to a fair trial.
The appeal also draws parallels to the New York Court of Appeals’ decision in April to overturn Weinstein’s 2020 convictions. In that case, the court ruled in a 4-3 decision that the trial judge had improperly allowed testimony about uncharged allegations of prior sexual misconduct. This ruling was a surprise to some but seen as inevitable by others familiar with the case. As a result, Weinstein’s 23-year sentence was vacated, and a retrial in New York is anticipated for the fall.
The Los Angeles conviction stemmed from a trial that concluded on December 19, 2022, where Weinstein was found guilty on all counts related to Jane Doe #1. The jury, however, acquitted him of charges related to Jane Doe #2 and deadlocked on charges involving Jane Doe #3 and California’s First Partner, Jennifer Siebel Newsom, referred to as Jane Doe #4. Following these verdicts, Judge Lisa B. Lench sentenced Weinstein on February 23, 2023, to 16 years in prison.
Jane Doe #1, an Italian model, testified that Weinstein raped her for over an hour in her hotel room during the 2013 Los Angeles Italia Film Festival. Weinstein’s defense contends that critical evidence questioning Jane Doe #1’s credibility and contradicting the prosecution’s narrative was withheld from the jury. The appeal document stresses that the jury was misled about the accuser’s truthfulness and was denied access to potentially exculpatory evidence.
Weinstein’s appeal requests not only a new trial but also the vacating of his current sentence and a remand for a new sentencing hearing at the very least. The California Attorney General’s office, which will handle the response to Weinstein’s appeal, has not yet commented on the matter.
Weinstein, currently incarcerated at Rikers Island, remains in regular communication with his legal team in New York as he prepares for his upcoming retrial. Manhattan Assistant District Attorney Nicole Blumberg hinted that new indictments might be brought against Weinstein when he appeared in court on May 29, indicating the legal battles are far from over for the 72-year-old former producer. Weinstein is scheduled to return to the New York court on July 9.
Weinstein’s spokesperson, Juda Engelmayer, reiterated the defense’s stance in a statement: “Anyone watching the Los Angeles trial objectively would agree that crucial exculpatory evidence was kept from the jury. This appeal highlights numerous legal missteps that undermined his right to a fair trial. We believe he has a strong case.”
As the appeals process unfolds in California, the focus will shift between coasts, with Weinstein’s legal battles continuing to draw significant public and media attention.
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