Harvey Weinstein’s 2020 Sex Crimes Conviction Overturned in New York

(CTN News) – Former movie mogul Harvey Weinstein’s 2020 felony sex crime conviction was overturned by the highest court in New York state on Thursday morning.

Harvey Weinstein served a 23-year prison sentence for that conviction. It has been reported by NPR that the Manhattan district attorney’s office intends to retry the case.

As a result of the trial judge’s decision to allow testimony from women whose allegations were not part of that case, the New York State Court of Appeals found Weinstein ineligible for a fair trial. It is estimated that more than 100 women have publicly made allegations against Harvey Weinstein.

In part, Judge Jenny Rivera wrote on behalf of the majority of the appeals court: “Our conclusion is that the trial court admitted uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes erroneously, because such testimony served no material non-propensity purpose.

As a result of the court’s rulings, the only evidence against defendent [Weinstein] was the testimonies of the complainants, and the effect of the rulingswas to enhance the credibility of the complainants and to diminish the defendant’s character before the jury.”

As “Molineux witnesses” or “prior bad act witnesses,” these women testified in court – a practice that was permitted in New York as early as 1900. Critics and legal experts contend that the “Molineux Rule” can be highly subjective and that verdicts are more likely to be challenged.

A New York criminal trial lawyer who represents eight Harvey Weinstein victims, including two Molineux witnesses, believes the decision represents a significant setback in holding perpetrators accountable.

It is common for courts to admit evidence of uncharged acts in order to help juries understand a defendant’s intent, mode of operation, or scheme. Having the verdict thrown out would require the victims to go through a second trial after the jury was instructed on the relevance of this testimony.”

It will now be up to the Manhattan district attorney, Alvin Bragg Jr., to initiate a new trial against Harvey Weinstein. As part of his current work, Bragg is involved in another very high-profile trial: that of former president Donald Trump, who has been charged with 34 counts of falsifying business records in the first degree.

According to a statement released by the district attorney’s office on Thursday, “We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault.

A second conviction against Harvey Weinstein remains in effect despite the New York court decision. A Los Angeles judge sentenced Weinstein to a 16-year prison term in February 2023 for rape and sexual assault. It is intended that the New York prison term be served consecutively with this sentence.

Harvey Weinstein was held at the Mohawk Correctional Facility in upstate New York Thursday morning.

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