Harvey Weinstein’s 2020 rape conviction was overturned Thursday by the New York Court docket of Appeals and plenty of are questioning what occurs subsequent.
Weinstein has been serving a 23-year jail sentence in New York’s Mohawk Correctional Facility following his conviction on costs of prison intercourse act for forcibly performing oral intercourse on a TV and movie manufacturing assistant in 2006 and third-degree rape for an assault on an aspiring actor in 2013.
The place issues stand now
In an interview with NBC Information on Thursday following the New York Court docket of Enchantment’s choice, Weinstein’s longtime spokesperson, Juda Engelmayer, mentioned that their first order of precedence is to hunt medical look after the 73-year-old.
“We’re going to attempt to deliver him for medical care right here in Bellevue [Hospital] down right here first,” he mentioned. “[Weinstein] remains to be in a walker, nonetheless in a wheelchair … he has audio points, he has coronary heart points. Harvey has quite a lot of well being mountains and hurdles to climb however hopefully this cheers up his temper higher and helps him struggle them higher.”
Whereas he awaits a brand new trial in New York, Engelmayer mentioned there’s a likelihood Weinstein could also be extradited to California the place he faces a 16-year jail sentence after being convicted of rape and sexual assault in a separate trial in 2022.
“We don’t know precisely what the method is however we count on inside 24 to 48 hours the Los Angeles courts or Los Angeles prosecutor will file an extradition cost to deliver him in there,” he mentioned.
How we bought right here
The state Court docket of Appeals discovered that the decide within the landmark #MeToo trial prejudiced Weinstein, the previous movie mogul, with improper rulings, together with a choice to let girls testify about allegations that weren’t a part of the case.
“We conclude that the trial courtroom erroneously admitted testimony of uncharged, alleged prior sexual acts in opposition to individuals apart from the complainants of the underlying crimes as a result of that testimony served no materials non-propensity objective,” the courtroom mentioned in a 4-3 choice.
“The courtroom compounded that error when it dominated that defendant, who had no prison historical past, may very well be cross examined about these allegations in addition to quite a few allegations of misconduct that portrayed defendant in a extremely prejudicial mild,” it mentioned.
New York Court docket of Appeals Decide Jenny Rivera referred to as the errors “egregious” and mentioned the treatment is a brand new trial. Weinstein’s accusers might once more be referred to as to testify if prosecutors resolve to pursue one other trial.
Decide Anthony Cannataro, one of many judges who voted in opposition to this choice, mentioned in his dissenting opinion that this was an “unlucky step backwards.”
Lawyer Lindsay Goldbrum, who represented six Weinstein accusers, referred to as the choice a “leap backward for the rule of legislation” that might deter future sexual assault victims from coming ahead.
“To all victims of sexual assault who’re retraumatized by right now’s ruling, I’m so sorry,” mentioned Goldbrum, whose shoppers included mannequin Tarale Wulff, who testified that Weinstein raped her at his Manhattan condo in 2005 after having lured her there with speak of a film audition.
Will there be one other trial?
Manhattan District Lawyer Alvin Bragg mentioned in an announcement following the courtroom’s choice that he plans to retry the case, “We are going to do all the pieces in our energy to retry this case and stay steadfast in our dedication to survivors of sexual assault.”
Throughout a information convention Thursday afternoon in downtown Manhattan, Weinstein’s legal professional Arthur Aidala mentioned, “His case can be restarted prefer it simply began from the start, and he can be transported to a facility down right here but to be decided.”
A listening to is predicted to be scheduled as early as subsequent week with a brand new potential trial date set, in accordance with Engelmayer.
NBC Information authorized analyst Danny Cevallos mentioned in an interview with NBC Information on Friday that, if Weinstein is certainly retried, it will not take so long as his earlier trial.
“Relying on the courtroom’s dockets, retrials don’t take all that lengthy, they gained’t give them an entire new discovery interval,” he mentioned.
Engelmayer and Aidala have each mentioned that if the case is retried, Weinstein will testify.
Weinstein’s California conviction
Weinstein’s authorized workforce is presently interesting his California prison conviction and considered one of his attorneys on that case, Jennifer Bonjean, mentioned that she believes the choice to overturn Weinstein’s New York costs bodes nicely for his or her enchantment.
“A jury was informed in California that he was convicted in one other state for rape. Seems he shouldn’t have been convicted, and it wasn’t a good conviction,” she mentioned in an announcement. “It interfered together with his presumption of innocence in a major means in California.”
The Los Angeles County District Lawyer’s Workplace mentioned in an announcement that the authorized points recognized by the New York appeals courtroom “usually are not current within the Los Angeles County case” as a result of California legislation does permit for proof that speaks to a defendant’s character in sexual assault instances, “topic to the decide’s discretion.”
However Engelmayer remained hopeful about their modifications for an enchantment in Los Angeles.
“Now we have a fair higher case [in California] … He was charged on one alleged sufferer for somebody that we all know was not within the room on the identical time they claimed Harvey was. We all know the place she was. We all know the place Harvey was on the time … we have now the proof,” Engelmayer mentioned.
Including, “I imagine at some point he’ll stroll free. He may hobble on his walker, he may be in a wheelchair, however he can be free.”
