Sally Reed
The New York Court of Appeals has reportedly overturned the conviction of Harvey Weinstein on sex crimes committed against three women. According to the report, the decision was made after a 4-3 vote.
Trial Judge ‘Erroneously Admitted Testimony Of Uncharged, Alleged’ Prior Acts
According to the report, the court found that the trial judge “erroneously admitted testimony of uncharged, alleged prior sexual acts.” These acts were allegedly committed “against persons other than the complainants of the underlying crimes.”
The court concluded that the testimony provided did not serve any “material non-propensity purpose.” In addition, it reportedly portrayed movie producer Harvey Weinstein “in a highly prejudicial light.”
Court Found That Cross-Examination Of Harvey Weinstein ‘Served No Purpose’
The opinion of the court was that James Burke, the trial judge, also abused his discretion by allowing Harvey Weinstein to be cross-examined. This is primarily because the subject of the cross-examination was the uncharged conduct.
According to the opinion, the court felt as if the cross-examination of Weinstein “served no purpose other than to display for the jury defendant’s loathsome character.”
Prosecutors Used Testimony Of Other Women To Highlight Weinstein’s State Of Mind
Prosecutors in the original case used testimony of women other than those that filed claims against Weinstein to speak to his state of mind. In addition, they wanted to highlight his habitual use of forcible compulsion.
However, the New York Court of Appeals apparently felt as if that is where the prosecution made a wrong turn. According to the majority opinion, that decision destroyed the time-tested principle of propensity evidence.
Weinstein Spokesperson: ‘We Are Happily Surprised’ And ‘Are Studying The Ruling’
Juda Engelmayer, a spokesperson for Harvey Weinstein, opened up about the ruling in an interview with ABC News. Engelmayer stated that “we are happily surprised.”
Engelmayer also stated that they “are studying the ruling.” The Weinstein team reportedly did not expect the ruling to be in Harvey’s favor.
Weinstein Was Convicted Of Sex Offenses In Los Angeles, Received 16-Year Sentence
Harvey Weinstein was also convicted of multiple sex offenses in Los Angeles. The former entertainment industry mogul was sentenced to serve 16 years in prison there.
Multiple reports confirm that Weinstein will not be released since he was already convicted in California. However, he will reportedly be transferred to the custody of prison authorities in that state.
District Attorney’s Spokesperson Confirms They Will Attempt To Retry The Case
A spokesperson for Manhattan District Attorney Alvin Bragg addressed the ruling in a statement. She stated that they “will do everything in [their] power to retry this case.”
The spokesperson further expressed that they “remain steadfast in [their] commitment to survivors of sexual assault.”
Attorney Douglas Wigdor Described Ruling As ‘A Major Step Back’ In Accountability
Attorney Douglas H. Wigdor described the ruling as “a major step back in holding those accountable for acts of sexual violence.” He further expressed that “courts routinely admit evidence of other uncharged acts.”
According to Wigdor, this practice is typically used to “assist juries in understanding issues concerning the intent, modus operandi or scheme of the defendant.” Wigdor represented eight alleged victims of Harvey Weinstein.
Wigdor Claims That ‘The Jury Was Instructed On The Relevance Of This Testimony’
Wigdor also explained that “the jury was instructed on the relevance of this testimony.” He expressed that “overturning the verdict is tragic.”
Wigdor also noted that the ruling will “require the victims to endure yet another trial.” The Court of Appeals reportedly agreed that the evidence of uncharged crimes that was allowed at the trial was not necessary.
Explosive News Article Sparked Initial Flood Of Accusations Against Harvey Weinstein
A major flood of accusations against Harvey Weinstein emerged shortly after the publishing of an October 2017 article in the New York Times. The article highlighted that Weinstein allegedly reached at least eight settlements with different women that accused him of sexual misconduct.
A vast number of women came forward with similar accounts that involved Harvey Weinstein. Many critics would agree that the allegations made against Weinstein sparked the #MeToo movement.
Actress Rose McGowan Received $100,000 Settlement After Episode In Hotel
Charmed actress Rose McGowan reportedly received a $100,000 settlement from Harvey Weinstein in 1997 after an encounter in a hotel room. The incident occurred during the Sundance Film Festival that year.
According to the legal document, the settlement offer was “not to be construed as an admission” of guilt by Harvey Weinstein. The document highlights that the intent of the settlement was to “avoid litigation and buy peace.”
Harvey Weinstein Harassed Ashley Judd Decades Ago, Offered Massages
Ashley Judd was reportedly invited to breakfast in Beverly Hills in 1997 as she was shooting the movie, “Kiss the Girls.” Upon arriving at the hotel lobby, she was informed that she would be meeting Weinstein in his suite.
She told the New York Times that he appeared in a bathrobe and offered to either massage her or allow her to watch him shower. She remembered thinking, “How do I get out of the room as fast as possible without alienating Harvey Weinstein?”
Weinstein Allegedly Persisted With Shower, Massage Invitations To Ashley Judd
Judd explained that the invitations persisted – offering to give her a massage or allow her to watch him shower. She stated that he steered her near a closet and even asked her to help him select his outfit for the day.
Judd claims that she said “no, a lot of ways, a lot of times, and he always came back at me with some new ask.” She added that “it was all this bargaining, this coercive bargaining.”
Ashley Judd On Overturning: ‘We Still Live In Our Truth’ And ‘Know What Happened’
Actress Ashley Judd made a statement to the New York Times regarding the overturning of the 2020 convictions against Harvey Weinstein. She stated that “we still live in our truth” and that “we know what happened.”
Judd was reportedly the first actress that went on record with allegations against Weinstein. She further expressed that the decision of the court to overturn those convictions “is unfair to survivors.”
Ashley Judd: Women Talked About Harvey ‘Amongst Ourselves For A Long Time’
Ashley indicated to the New York Times that “women have been talking about Harvey amongst ourselves for a long time.” She felt that it was “simply beyond time to have the conversation publicly.”
Other actresses, such as Gwyneth Paltrow, also went on the record with similar accounts about Harvey Weinstein. He was soon ousted from his company and the #MeToo movement started to target other victims of sexual harassment throughout the industry.
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