NEW YORK –
New York’s highest court on Thursday overturned Harvey Weinstein’s 2020 rape conviction, overturning a landmark ruling from the #MeToo era by finding that the trial judge improperly allowed women to testify about allegations against the former movie mogul. that were not part of the case.
Weinstein, 72, will remain imprisoned because he was convicted in Los Angeles in 2022 for another rape. But the New York ruling reopens a painful chapter in the United States’ scrutiny of sexual misconduct by powerful figures, an era that began in 2017 with a flood of accusations against Weinstein.
While Thursday’s ruling was a blow to #MeToo advocates, they noted that it was based on legal technicalities and not an exoneration of Weinstein’s behavior, and said the original trial irrevocably moved the cultural needle on attitudes about sexual assault.
The Manhattan district attorney’s office said it intends to retry Weinstein, and his accusers could again be forced to retell their stories on the witness stand.
The state Court of Appeals overturned Weinstein’s 23-year sentence in a 4-3 decision, finding that “the trial court wrongly admitted testimony of alleged prior sexual acts without charges.” The majority of the court called this “an abuse of judicial discretion.”
In a scathing dissent, Judge Madeline Singas wrote that the Court of Appeals continued a “disturbing tendency to overturn juries’ guilty verdicts in cases involving sexual violence.”
The overturning of Weinstein’s conviction is the second major #MeToo setback in the last two years. The US Supreme Court has refused to hear an appeal of a Pennsylvania court decision throwing out Bill Cosby’s sexual assault conviction.
Weinstein has been in a New York prison since his conviction for criminal sexual acts, including forcibly performing oral sex on a film and television production assistant in 2006, and third-degree rape for an attack on an aspiring actress in 2013. He was sentenced to 16 years in prison in the Los Angeles case.
Weinstein’s attorney, Arthur Aidala, called the Court of Appeals ruling “a tremendous victory for all criminal defendants in the state of New York.”
Attorney Douglas H. Wigdor, who represented eight of Harvey Weinstein’s accusers, including two witnesses, in the New York criminal trial, called the ruling “a significant step backward.”
“Courts routinely admit evidence of other uncharged acts that helps jurors understand issues of the defendant’s intent, modus operandi, or plan. The jury was instructed on the relevance of this testimony, and overturning the verdict is tragic because will require the victims to endure yet another trial,” Wigdor said in a statement.
Debra Katz, the prominent civil rights and #MeToo lawyer who represented several Weinstein accusers, said her clients “feel devastated” by the ruling, but that she believed (and was telling them) that her testimony had changed the world. .
“People continue to come forward, people continue to support other victims who have reported sexual assault and violence, and I truly believe there is no going back on that,” Katz said. He predicted Weinstein would be convicted again in a new trial and said accusers take great comfort knowing Weinstein will remain behind bars.
Weinstein’s 2020 conviction was heralded by activists and advocates as a historic achievement, but just as quickly scrutinized by his lawyers and, later, by the Court of Appeals when it heard arguments on the matter in February.
The allegations against Weinstein, the once powerful and feared studio boss behind Oscar-winning films like “Pulp Fiction” and “Shakespeare in Love,” marked the beginning of the #MeToo movement.
Dozens of women came forward to accuse Weinstein, including famous actresses like Ashley Judd and Uma Thurman. His trial in New York generated intense publicity, with protesters chanting “rapist” outside the courthouse.
Weinstein, who is incarcerated at the Mohawk Correctional Facility, about 100 miles (160 kilometers) northwest of Albany, maintains his innocence. He maintains that any sexual activity was consensual.
Aidala argued before the appeals court in February that Burke influenced the trial by allowing three women to testify about allegations that were not part of the case and by giving prosecutors permission to confront Weinstein, if he had testified, about his long history of brutal behavior. .
Aidala argued that the additional testimony went beyond the details normally allowed about motive, opportunity, intent or a common plan or plan, and essentially put Weinstein on trial for crimes he was not charged with.
Weinstein wanted to testify but opted not to because Burke’s ruling would have meant answering questions about more than two dozen alleged acts of misconduct dating back four decades, Aidala said. They included fighting with his film producer brother, overturning a table in anger, yelling at waiters and yelling at his assistant.
An attorney for the Manhattan district attorney’s office, which prosecuted the case, argued that the judge’s rulings were correct and that the additional evidence and testimony he allowed were important in providing jurors with context about Weinstein’s behavior and the way he interacted with women.
Appeals chief Steven Wu said Weinstein’s acquittal of the most serious charges — two counts of predatory sexual assault and one count of first-degree rape involving actress Annabella Sciorra’s allegations of a mid-life rape 1990s) showed that jurors were paying attention and were not confused. or overwhelmed by the additional testimony.
The Associated Press generally does not identify people who allege sexual assault unless they consent to be identified; Sciorra has spoken publicly about her accusations.
The Court of Appeals agreed last year to take up Weinstein’s case after an intermediate appeals court upheld his conviction. Before his ruling, lower appeals court judges had raised questions about Burke’s conduct during oral arguments. One of them noted that Burke had let prosecutors continue to present “incredibly damaging testimony” from additional witnesses.
Burke’s term expired at the end of 2022. He was not re-elected and is no longer a judge.
Upon appeal, Weinstein’s lawyers requested a new trial, but only on the criminal sexual act charge. They argued that the rape charge could not be retried because it involves alleged conduct outside the statute of limitations.
Associated Press writer Dave Collins reported from Hartford, Connecticut. AP writers Jocelyn Noveck and Larry Neumeister in New York also contributed to this story.
Resources for survivors of sexual assault in Canada
If you or someone you know is struggling with sexual assault or trauma, the following resources are available to help people in crisis:
If you are in immediate danger or fear for your safety, you should call 911.
A full list of sexual assault centers in Canada offering information, advocacy and counseling can be found on the website Canadian Association of Sexual Assault Centers.
Helplines, legal services, and locations offering sexual assault kits can be found in Alberta, BC, Saskatchewan, Manitoba, Quebec, Ontario, and Nova Scotia. here.
National Residential School Crisis Line: +1 866 925 4419
24-hour crisis line: 416 597 8808
Canadian Human Trafficking Hotline: +1 833 900 1010
Trans lifeline: +1 877 330 6366
Support in cases of sexual misconduct for current or former members of the Armed Forces: +1 844 750 1648
Read about your rights as a victim here.