What Does Harvey Weinstein’s Successful Appeal Really Mean?

Photo: Lev Radin/Pacific Press/ZUMA Wire/Alamy

On Thursday, April 25, New York’s highest authorities tribunal threw retired Harvey Weinstein’s 2020 rape and sexual-assault conviction. The New York State Court of Appeals, successful its 4-3 decision, said that “the remedy for these egregious errors is simply a caller trial,” and indeed, Weinstein volition beryllium retried, with a justice saying connected May 1 that it would beryllium tentatively scheduled for the fall. The entreaty determination instantly prompted questions astir whether this was a setback for the Me Too question more broadly. Me Too acceptable the signifier for a renewed treatment astir alleged abusers who for years had evaded justness owed to their stature oregon privilege. Without the women crossed assorted industries who came forward, 1 wonders, would determination person been urgency to prosecute cases against Jeffrey Epstein and R. Kelly — oregon would victims’ claims get written disconnected arsenic unreliable oregon unimportant? Weinstein, who was convicted during his 2022 Los Angeles rape trial, is present successful New York City. It’s unclear erstwhile helium would beryllium transported backmost to California owed to the expected retrial, but helium inactive faces a 16-year condemnation successful his Los Angeles case. We spoke to experts and asked if there’s immoderate accidental thing akin could hap during his California appeal; Weinstein’s attorneys are filing their afloat briefing adjacent week, per his rep. Here’s what to cognize astir the aboriginal of Weinstein’s cases.

I request a refresher — what was overturned successful New York and why?

Weinstein was recovered blameworthy of rape successful the 3rd degree and transgression intersexual enactment successful the archetypal grade for assaulting 2 women, Jessica Mann and Mimi Haleyi. Mann, who had been an aspiring actor, told jurors that Weinstein raped her astatine a Midtown East edifice successful aboriginal 2013. Haleyi testified that Weinstein forcibly performed oral enactment connected her successful 2006 astatine his downtown apartment. Weinstein was recovered not blameworthy of 2 predatory sexual-assault counts, which related to histrion Annabella Sciorra’s assertion that helium raped her astir precocious 1993. To bolster their case, Manhattan prosecutors called 3 different accusers — Dawn Dunning, Tarale Wulff, and Lauren Young — to attest astir Weinstein’s intersexual misconduct. Weinstein was not facing charges for their allegations.

Weinstein’s lawyer, Arthur Aidala, argued his appeal. He told the New York Court of Appeals that the judge’s determination permitting these 3 women to attest astir alleged anterior atrocious acts solely served to smear Weinstein earlier the jury, making a just proceedings each but impossible. Aidala argued, “It was his quality that was connected proceedings — it wasn’t the grounds that was connected trial.” The New York tribunal efficaciously agreed, saying successful its opinion: “The lone grounds against suspect was the complainants’ testimony, and the effect of the court’s rulings, connected the 1 hand, was to bolster their credibility and diminish defendant’s quality earlier the jury. On the different hand, the menace of a cross-examination highlighting these untested allegations undermined the defendant’s close to testify.”

Does this mean Weinstein’s New York lawsuit is over?

No. During a proceeding connected May 1, prosecutors said, “We judge successful this lawsuit and volition beryllium retrying this case.” The justice said that a tentative retrial day would beryllium successful the fall. It’s unclear, however, whether Haleyi volition instrumentality the stand. Following Wednesday’s proceeding, her attorney, Gloria Allred, said Haleyi wasn’t definite whether oregon not she wanted to attest again, arsenic it was incredibly traumatic.

Didn’t Weinstein’s 2022 L.A. proceedings person akin testimony?

Yes. Weinstein was recovered guilty connected 3 charges, including the forcible rape of Jane Doe No. 1, successful his Los Angeles rape trial. Weinstein was acquitted of intersexual artillery against Jane Doe No. 2, and the assemblage did not scope a determination connected counts with 2 different accusers; a mistrial was declared connected said counts. In total, Weinstein had faced 2 counts of rape and 5 counts of intersexual battle for alleged encounters successful California betwixt 2004 and 2013, per CNN. In summation to the 4 women for which Weinstein was charged, jurors heard grounds from 4 different accusers related to uncharged atrocious acts.

Is the L.A. territory lawyer worried? 

Los Angeles prosecutors look assured that Weinstein’s condemnation volition stick. They said, “We are saddened by the quality retired of New York overturning the hard fought convictions successful the Harvey Weinstein case,” but added that California instrumentality specifically allowed the benignant of “propensity evidence” — grounds from witnesses astir uncharged akin atrocious acts — successful sexual-assault cases. “Consistent with this law, our bureau sought the admittance of propensity grounds of Mr. Weinstein’s intersexual assaults successful different jurisdictions,” prosecutors said successful a statement.

“The defence has filed a announcement of entreaty connected the Los Angeles case, but they person not filed their opening brief,” the prosecutors besides said successful a statement. “Although we bash not cognize what arguments the defence volition rise connected appeal, we are assured that our convictions volition withstand appellate scrutiny. Our Office stands acceptable to spot that Mr. Weinstein faces the superior consequences of his deplorable conduct.”

So, uncharged atrocious acts aren’t an contented successful California?

David Ring, an lawyer successful California who represented Jane Doe No. 1 successful Weinstein’s L.A. case, said it’s acold much hard to marque this benignant of appeals statement due to the fact that of this law. “Even though the suspect is not charged with these different victims’ crimes, they’re allowed to attest if the justice finds the grounds to beryllium important and applicable and each that,” Ring said. “New York does not person that statute — New York has a much restrictive statute.”

“There’s a immense quality betwixt the 2 cases,” Ring said. Ring explained that the California instrumentality empowers judges to judge definite testimony. If an appeals tribunal successful California indispensable measurement whether the uncharged bad-acts witnesses should oregon shouldn’t person testified, they indispensable usage an “abuse of discretion standard.”

“That’s a beauteous precocious modular — that the proceedings justice abused her discretion successful allowing this different testimony,” which, due to the fact that of the law, is rather hard to prove. “Bottom line, it gives the proceedings justice precise wide discretion successful what comes successful and does not successful these cases.” In Ring’s view, the justice successful L.A. did an “excellent job” with this, allowing immoderate uncharged accusers to attest but not permitting prosecutors’ requests for others.

Can the New York determination someway inactive interaction Weinstein’s entreaty successful California? 

“I don’t deliberation it is going to impact the California condemnation astatine all,” said Neama Rahmani, a erstwhile national authoritative who present helms West Coast Trial Lawyers. “This is the benignant of happening if a justice lets it in, it’s truly lone reversible for an maltreatment of discretion — it’s truly hard to prove.” And arsenic for a retrial successful New York, Rahmani said the outlook was bully for prosecutors if determination were a mode to modify however anterior bad-acts witnesses came into the case. If determination were behaviour that acceptable wrong the statute of limitations, adjacent if it weren’t arsenic superior an allegation arsenic rape, and were intelligibly applicable to a charge, past this could beryllium “bulletproof connected appeal,” helium said. Rahmani said helium thinks Weinstein would beryllium convicted again. “I can’t ideate immoderate concern wherever he’s retried and acquitted.”

What does Weinstein deliberation astir his California case? 

Defense lawyer Jennifer Bonjean — who has represented R. Kelly and Bill Cosby — is moving connected his entreaty successful California. Bonjean, who was contiguous astatine a property league pursuing Weinstein’s New York hearing, said she doesn’t deliberation the California grounds instrumentality is needfully a occupation for his appeal. “A justice perfectly has to bash a balancing trial to find whether the admittance of this propensity grounds would origin undue prejudice,” Bonjean said, noting it’s the aforesaid successful California, New York, and different jurisdictions. “The tribunal did not bash that there.” Bonjean besides said that Weinstein’s California entreaty “does not crook wholly connected this issue.” She pointed to however Weinstein was lone convicted connected Jane Doe No. 1’s allegations. She besides said that the California justice “gutted his defense” by barring him from presenting grounds that could person helped him.