Harvey Weinstein's rape conviction is overturned by New York's top court
Last edited Thu Apr 25, 2024, 07:47 PM - Edit history (1)
Source: AP
Updated 6:39 PM EDT, April 25, 2024
NEW YORK (AP) New Yorks highest court on Thursday threw out Harvey Weinstein s 2020 rape conviction with a ruling that shocked and disappointed women who celebrated historic gains during the #MeToo era and left those who testified in the case bracing for a retrial against the ex-movie mogul.
The court found the trial judge unfairly allowed testimony against Weinstein based on allegations that werent part of the case.
Weinstein, 72, will remain in prison because he was convicted in Los Angeles in 2022 of another rape. But the New York ruling reopens a painful chapter in Americas reckoning with sexual misconduct by powerful figures an era that began in 2017 with a flood of allegations against Weinstein.
#MeToo advocates noted that Thursdays ruling was based on legal technicalities and not an exoneration of Weinsteins behavior, saying the original trial irrevocably moved the cultural needle on attitudes about sexual assault.
Read more: https://apnews.com/article/weinstein-metoo-appeal-ed29faeec862abf0c071e8bd3574c4a3
Link to RULING (PDF reader) - https://www.documentcloud.org/documents/24604855-24opn24-weinsteindecision
Link to RULING (PDF) - https://s3.documentcloud.org/documents/24604855/24opn24-weinsteindecision.pdf
( to ificandream)
Article updated.
Previous articles/headline -
Updated 9:59 AM EDT, April 25, 2024
NEW YORK (AP) -- New York's highest court on Thursday overturned Harvey Weinstein 's 2020 rape conviction, finding the judge at the landmark #MeToo trial prejudiced the ex-movie mogul with "egregious" improper rulings, including a decision to let women testify about allegations that weren't part of the case.
"We conclude that the trial court erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes," the court's 4-3 decision said. "The remedy for these egregious errors is a new trial."
The state Court of Appeals ruling reopens a painful chapter in America's reckoning with sexual misconduct by powerful figures -- an era that began in 2017 with a flood of allegations against Weinstein. His accusers could again be forced to retell their stories on the witness stand.
The court's majority said "it is an abuse of judicial discretion to permit untested allegations of nothing more than bad behavior that destroys a defendant's character but sheds no light on their credibility as related to the criminal charges lodged against them."
NEW YORK (AP) -- New York's highest court on Thursday overturned Harvey Weinstein's 2020 rape conviction, finding the judge at the landmark #MeToo trial prejudiced the ex-movie mogul with "egregious" improper rulings, including a decision to let women testify about allegations that weren't part of the case.
"We conclude that the trial court erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes," the court's 4-3 decision said. "The remedy for these egregious errors is a new trial."
The state Court of Appeals ruling reopens a painful chapter in America's reckoning with sexual misconduct by powerful figures -- an era that began in 2017 with a flood of allegations against Weinstein. His accusers could again be forced to relive their traumas on the witness stand.
The court's majority said "it is an abuse of judicial discretion to permit untested allegations of nothing more than bad behavior that destroys a defendant's character but sheds no light on their credibility as related to the criminal charges lodged against them."
Original article -
NEW YORK (AP) -- New York's highest court on Thursday overturned Harvey Weinstein's 2020 rape conviction, finding the judge at the landmark #MeToo trial prejudiced the ex-movie mogul with improper rulings, including a decision to let women testify about allegations that weren't part of the case.
The state Court of Appeals ruling reopens a painful chapter in America's reckoning with sexual misconduct by powerful figures -- an era that began in 2017 with a flood of allegations against Weinstein. The court ordered a new trial. His accusers could again be forced to relive their traumas on the witness stand.
Weinstein, 72, has been serving a 23-year sentence in a New York prison following his conviction on charges of criminal sex act for forcibly performing oral sex on a TV and film production assistant in 2006 and rape in the third degree for an attack on an aspiring actress in 2013.
He will remain imprisoned because he was convicted in Los Angeles in 2022 of another rape and sentenced to 16 years in prison. Weinstein was acquitted in Los Angeles on charges involving one of the women who testified in New York.
Marthe48
(17,027 posts)n/t
jimfields33
(15,967 posts)Huge mistake by many.
24601
(3,962 posts)election rather than the proper application of the law? If so, this is an example of why state judges should be appointed for a single fixed term without having to curry favor with an electorate for appointment or retention.
Marthe48
(17,027 posts)Not being a lawyer, the only thing I wanted to comment on is that he has gotten off on a technicality. If it is a small or large technicality, the results of the case are thrown out.
If it is retried, maybe there will be more attention to detail and of course, tried to the exact letter of the law.
SalamanderSleeps
(591 posts)Kennah
(14,315 posts)cstanleytech
(26,319 posts)I just don't get why both the DA dand the judge even did this because surely they had to know that it likely would get the case overturned
It just doesn't make any sense.
ScratchCat
(2,002 posts)I couldn't figure why they did that either.
niyad
(113,576 posts)Last edited Thu Apr 25, 2024, 11:24 AM - Edit history (1)
was founded by Tarana Burke in 2006. It was not "ushered in" (from the linked article) by the weinstein case .
mucifer
(23,569 posts)Will he be out of jail now?
BumRushDaShow
(129,494 posts)which is where he will continue to stay.
mucifer
(23,569 posts)BumRushDaShow
(129,494 posts)He had been sentenced to 23 years in NY.
https://www.buzzfeednews.com/article/skbaer/harvey-weinstein-rape-sentence-los-angeles
mucifer
(23,569 posts)cstanleytech
(26,319 posts)He'll service some time at least though I wonder if he might be able to sue either NY or California as it would suck if the State had to pay him money.
orleans
(34,073 posts)ificandream
(9,387 posts)Sky Jewels
(7,140 posts)In California. He will be in his late 80s when that term ends. I hope he suffers greatly behind bars for many years and then croaks one day before he's due to be released.