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Harvey Weinsteins New York Conviction Is Overturned The New York Times

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Fatima Goss Graves, the chief executive of the National Women’s Law Center, said at a news conference in Manhattan that today’s decision would only invigorate the #MeToo movement. The majority appeared to take umbrage with the fierce statements of the dissenting judges, defending their ruling in numerous footnotes and throughout the opinion, a back-and-forth that suggested the decision had given rise to considerable tension among the judges. The Model Alliance, a labor rights group focused on young women in the fashion industry, criticized the ruling in a news conference on Zoom.

The three dissenting judges slammed the majority.

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Weinstein also faced charges in Los Angeles and was convicted in 2022 of rape and sentenced to 16 years in prison. "Courts routinely admit evidence of other uncharged acts where they assist juries in understanding issues concerning the intent, modus operandi or scheme of the defendant," he said in a statement. Harvey Weinstein’s 2020 rape conviction was overturned Thursday in New York, making way for a new trial. Reached by phone a few minutes after the court shared its decision, Ashley Judd, the first actress to come forward with allegations against Mr. Weinstein, was unwavering in her own judgment. The women’s testimony was searing, and when Mr. Weinstein was convicted in 2020, and then sentenced to 23 years in prison, it looked like the prosecutors had expanded the possibilities for holding sex offenders accountable.

WHAT’S THE STATUS OF THE CALIFORNIA CASE?

Use your trial to see how 2020 Design Live kitchen design software can help you grow your business and close more sales. Share design renderings for live feedback from your customers and make changes on the fly. Chernyshova described in tearful testimony how Weinstein attacked her in a hotel room during a film festival in 2013. Jurors rejected the allegations of another woman and couldn’t reach verdicts on two others, including those of a documentary filmmaker married to California Gov. Gavin Newsom.

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“A jury was told in California that he was convicted in another state for rape ... Turns out he shouldn’t have been convicted and it wasn’t a fair conviction. … It interfered with his presumption of innocence in a significant way in California,” said attorney Jennifer Bonjean, whose arguments freed Bill Cosby in his appeal on Pennsylvania sex assault convictions. “No person accused of illegality may be judged on proof of uncharged crimes that serve only to establish the accused’s propensity for criminal behavior,” the opinion continued.

The Harvey Weinstein Appeal Ruling, Annotated

A decision by New York’s highest court to overturn the 2020 sex crimes conviction of Harvey Weinstein has upended a criminal case that helped ignite the #MeToo movement. But that conviction was just one of two secured against Mr. Weinstein in recent years. In order for Harvey Weinstein to have the appeals court hear his case after he was found guilty in a Manhattan trial in 2020, he first had to appeal to an intermediate court — called the appellate division. A panel of that court unanimously upheld Mr. Weinstein’s conviction in 2022. But the jury found Mr. Weinstein guilty on three other counts — rape, forcible oral sex and sexual penetration — involving an Italian actress who testified that he attacked her in a hotel room in 2013.

Today the court decided, with a majority that included three of those female judges, to throw out the conviction and order a new trial. Mr. Weinstein remains convicted in California and could be moved to prison there. The overturning of Harvey Weinstein’s New York sex crimes conviction on Thursday morning may feel like a shocking reversal, but the criminal case against him has been fragile since the day it was filed. New York’s top judges, many of them female, have held rounds of pained debates over whether his conviction was clean. “Men who serially sexually exploit their power over women — especially the most vulnerable groups in society — will reap the benefit of today’s decision,” Judge Singas wrote.

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MORE: Timeline: Harvey Weinstein's path to his New York City rape and sexual assault convictions

For instance, a judge could admit such evidence to establish a motive for the crime being tried, to prove the crime wasn’t an innocent mistake or to establish a common scheme or plan. In his dissent, Judge Cannataro said that the additional witnesses the prosecution presented — who said Mr. Weinstein had assaulted them but whose accusations were not part of the charges against him — had been vital to show Mr. Weinstein’s pattern of manipulation and coercion. She joined Judges Anthony Cannataro and Michael J. Garcia in the dissent.

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Prosecutors in sexual assault and other cases often seek to use them to establish a pattern of behavior. But doing so risks unfairly influencing the jury because the defendant is supposed to be judged only on the crimes he is charged with. For that reason, judges seek to limit such testimony, and the judge in Mr. Weinstein’s case, Justice James M. Burke, did not permit the prosecutors to call as many of those witnesses as they had hoped to. The appeals court agreed with Weinstein that the trial judge violated his right to testify in his own defense. The trial judge had ruled that if Weinstein took the stand, prosecutors would be allowed to question him about a long history of bad behavior, including allegations that he threw food at an employee and punched his brother at a business meeting. The appeals ruling said this “impermissibly” affected Weinstein’s decision not to testify at trial.

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But her attorney, David M. Ring, said that he was disappointed and that Chernyshova feels bad for the New York accusers. “This Court has continued a disturbing trend of overturning juries’ guilty verdicts in cases involving sexual violence,” Singas wrote. Judge Jenny Rivera called the errors “egregious” and said the remedy is a new trial. Weinstein's accusers could again be called to testify if prosecutors decide to pursue another trial. That case, which saw Mr. Weinstein sentenced to another 16 years in prison in 2022, also relied in part on witnesses whose accusations did not lead to charges.

He was found guilty in February 2020 of two felonies -- criminal sexual assault and third-degree rape -- but acquitted of the two most serious charges -- predatory sexual assault. “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 because that testimony served no material non-propensity purpose,” the court said in a 4-3 decision. For Mr. Weinstein, 72, the immediate impact of the ruling might amount to little more than a change of scenery. He is likely to be transferred from the prison in Rome, N.Y., where he has been held since 2020, to a facility nearer to New York City, where he will await the filing of new charges.

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The decision to overturn promised to launch fresh debate about the ground rules for criminal convictions in sexual misconduct cases. Dawn Dunning, one of the women who prosecutors called to the stand even though Mr. Weinstein had not been charged with assaulting her, said on Thursday that she had no regrets. The heated back-and-forth from the New York judges, and the early reaction to the decision, launched fresh debate about whether the ground rules for sexual misconduct convictions need to be updated. After Thursday’s decision came down, Mr. Weinstein’s lawyer in California, Jennifer Bonjean, said she expected the ruling to help him when he appeals his California conviction on May 20.

A jury in Los Angeles Superior Court deadlocked on charges of sexual battery by restraint, forcible oral copulation and forcible rape in December 2022. Those charges were related to accusations brought by Jennifer Siebel Newsom, a documentary filmmaker and the wife of Gov. Gavin Newsom of California, and Lauren Young, a model and screenwriter. He is still facing a 16-year sentence in California, where a jury convicted him in 2022 of raping a woman in a Beverly Hills hotel. Now, he could be transferred to California, but he will most likely be transferred from state prison to Rikers Island, the jail complex in New York City, as he waits for Mr. Bragg to decide whether to push for another trial.

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