New York's highest court on Thursday overturned disgraced Hollywood producer Harvey Weinstein's 2020 conviction on sex crime charges, a shock reversal in one of the defining cases of the #MeToo movement.
In its 4-3 decision, the Court of Appeals found the trial judge erred in admitting the testimony of additional women who were allegedly abused by Weinstein but who were not named in the charges brought against him and ordered a new trial.
The ruling does not affect a separate 16-year rape sentence handed down in California -- meaning the once-untouchable Hollywood heavyweight will remain behind bars. “The accused has a right to be held to account only for the crime charged and, thus, allegations of prior bad acts may not be admitted against them for the sole purpose of establishing their propensity for criminality,” Judge Jenny Rivera wrote in an opinion for the majority.
Bombshell allegations broke against the Oscar-winning producer in 2017, launching the #MeToo movement that paved the way for women to fight back against sexual violence in the workplace. Weinstein, 72, was convicted in a New York court in 2020 of the rape and sexual assault of ex-actress Jessica Mann in 2013, and of forcibly performing oral sex on former production assistant Mimi Haleyi in 2006. He was later sentenced to 23 years in prison.
Weinstein, who has multiple health issues and is in an upstate New York prison, found out Thursday's news when handed a slip of paper that “just said ‘Harvey Weinstein conviction reversed,’” his lawyer told reporters.
“He called me actually three times,” Arthur Aidala, head of Weinstein's legal team, said. “He said 'thank you' more times than I can count.” Aidala said even unpopular people deserve justice and “we knew that Harvey Weinstein did not get a fair trial.”
The Silence Breakers, a group of women who banded together to report Weinstein's misconduct, called the decision “disheartening,” adding “this ruling does not diminish the validity of our experiences or our truth.” Manhattan prosecutors said they plan to retry the case.
Dozens of accusers
Weinstein was also convicted by a Los Angeles court -- and sentenced to an additional 16 years in prison -- for the rape of a woman in a Beverly Hills hotel room. Lawyers said his Los Angeles conviction was unlikely to be affected by the New York reversal, and he is now set to be transferred to a California prison.
“The legal system has never served survivors in this country,” #MeToo founder Tarana Burke told reporters. “Because these brave women in this case broke their silence, millions and millions and millions of others found the strength to come forward,” she added. “That will always be the victory.”
Following his conviction in New York, a civil trial awarded $17 million to dozens of other women who had accused the former movie magnate of abuse.
'Psychological trauma'
“With today's decision, this Court continues to thwart the steady gains survivors of sexual violence have fought for in our criminal justice system,” Judge Madeline Singas, who dissented against the ruling, said. “Forgotten are the women who bear the psychological trauma of sexual violence and the scars of testifying again and again.”
The decision rested on the fact the trial judge allowed prosecutors to rely on so-called “Molineux witnesses,” who were allowed to testify despite not being part of the charges -- an exception to the normal rules surrounding evidence.
Attorney Douglas Wigdor, who represented two such witnesses, said: “The jury was instructed on the relevance of this testimony, and overturning the verdict is tragic in that it will require the victims to endure yet another trial.”
Weinstein and his brother Bob co-founded Miramax Films, a distribution company named after their mother Miriam and father Max, in 1979. It was sold to Disney in 1993. Their hits included 1998's Shakespeare in Love, for which Weinstein shared a best picture Oscar. Over the years, Weinstein's films received more than 300 Oscar nominations and 81 statuettes.
Reactions to the ruling
DOUGLAS WIGDOR, LAWYER FOR EIGHT WEINSTEIN ACCUSERS:
“Today’s decision is a major step back in holding those accountable for acts of sexual violence. 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. The jury was instructed on the relevance of this testimony and overturning the verdict is tragic in that it will require the victims to endure yet another trial.”
EMILY TUTTLE, SPOKESPERSON FOR MANHATTAN DISTRICT ATTORNEY ALVIN BRAGG:
“We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault.”
JEFF HERMAN, ATTORNEY FOR SOME OF WEINSTEIN'S ACCUSERS WHO BROUGHT CIVIL CASES:
“The overturned conviction highlights the importance of civil cases which is sometimes the only remedy available to expose predators and the institutions that enable them. Because of laws like the New York Child Victims Act, predators continue to be exposed even without a criminal conviction.”
ARTHUR AIDALA, WEINSTEIN DEFENSE LAWYER:
“Today's ruling is not merely a victory for Harvey Weinstein, but it's a victory for every citizen in this country who's charged with a crime, and no matter how popular or unpopular they are, the court has declared loudly that they are entitled to all of the protections in our United States Constitution and our New York state constitution.”
LINDSAY GOLDBRUM, LAWYER FOR WEINSTEIN ACCUSERS:
“Today’s ruling unfortunately casts a dark shadow on their bravery and will undoubtedly deter future sexual assault victims from coming forward. To all victims of sexual assault who are retraumatised by today’s ruling, I am so sorry.”
SILENCE BREAKERS GROUP REPRESENTING WOMEN WHO ACCUSED WEINSTEIN AND OTHERS OF SEXUAL MISCONDUCT:
“The news today is not only disheartening, but it’s profoundly unjust. But this ruling does not diminish the validity of our experiences or our truth; it's merely a setback. The man found guilty continues to serve time in a California prison. When survivors everywhere broke their silence in 2017, the world changed. We continue to stand strong and advocate for that change. We will continue to fight for justice for survivors everywhere.”
ACTRESS ASHLEY JUDD, ONE OF WEINSTEIN'S ACCUSERS:
“This today is an act of institutional betrayal.”
ELIZABETH FEGAN, LAWYER FOR WEINSTEIN ACCUSERS:
“I am eternally grateful to the LA District Attorney and the women who put themselves through enormous emotional pain reliving the sexual abuse they suffered at the hands of Weinstein in a second trial. Some thought the LA case to be superfluous in light of the NY verdict, but now we realise how important it was.”
JENNIFER SIEBEL NEWSOM, WIFE OF CALIFORNIA GOVERNOR GAVIN NEWSOM AND ONE OF WEINSTEIN'S ACCUSERS IN THE LOS ANGELES CASE:
“This is a very sad day for countless women who suffered at the hands of a serial predator. Two juries have said unequivocally: Harvey Weinstein must never be able to rape another woman, and he deserves to spend the rest of his life behind bars. Harvey Weinstein is a serial predator and rapist. Most men are good men - it’s the serial perpetrators of violence against women who are the harm to our society.”
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