Harvey Weinstein appeals New York rape conviction, requests new trial
Disgraced movie mogul Harvey Weinstein still faces February sentencing after being found guilty in LA rape trial
{{#rendered}} {{/rendered}}Harvey Weinstein's legal team filed an appeal Tuesday in New York, requesting a new trial for his 2020 rape conviction.
Weinstein's lawyer, Arthur Aidala, argued Weinstein didn't receive a "fair trial" due to "legally insufficient charges" and was denied an impartial jury. He alleged "Juror 11 repeatedly lied to the court about matters material to her fitness to serve."
"We will ask the Court of Appeals to remind trial courts throughout the state that a defendant cannot be tried based on his character but must be tried based on the conduct for which he has been accused," Aidala said in a statement provided to Fox News Digital.
{{#rendered}} {{/rendered}}"The trial judge disregarded basic rules of New York law and allowed into evidence acts of misconduct which prevented Mr. Weinstein from testifying in his own defense to powerfully proclaim his innocence."
HARVEY WEINSTEIN FOUND GUILTY IN LA RAPE TRIAL
Harvey Weinstein is appealing his 2020 New York rape conviction. (Scott Heins)
Weinstein was convicted in March 2020 of forcibly performing oral sex on a TV and film production assistant, Mimi Haley, in 2006 and raping an aspiring actress in 2013. He was sentenced to 23 years in prison. At the time, he opted out of testifying on his own behalf during his trial.
{{#rendered}} {{/rendered}}He was acquitted of first-degree rape and two counts of predatory sexual assault stemming from actor Annabella Sciorra’s allegations of rape in the '90s. He has denied ever engaging in non-consensual sex.
"The trial court betrayed this fundamental principle by succumbing to the pressure of an influential social movement determined to punish centuries of male misbehavior by setting an example in convicting one man, Harvey Weinstein," Aidala argued.
{{#rendered}} {{/rendered}}"As the record shows, the trial court repeatedly abandoned its duty to safeguard Weinstein’s constitutional guarantees and procedural rights, leaving him powerless to defend against an unchecked prosecutor whose strategy was to swamp the jury with prejudicial bad character evidence to distract from the fallibilities in the complainants’ stories."
He wrote that Weinstein was "stripped of the presumption of innocence and subjected to a process that bore little resemblance to the fair and impartial trial demanded by the Constitution. Put bluntly, the court of public opinion became the court in this case."
Harvey Weinstein receives verdict in LA rape case. (Spencer Platt)
On Feb. 24., Weinstein was acquitted of first-degree rape and two counts of predatory sexual assault stemming from actress Sciorra’s allegations of a mid-1990s rape. Weinstein maintained his innocence and contends that any sexual activity was consensual.
{{#rendered}} {{/rendered}}New York State Supreme Court Justice James Burke determined how long the former Hollywood titan would spend in prison for his crimes in New York.
Weinstein's lawyer argued that the court allowed four women to "testify to six instances of alleged uncharged sexual misconduct by Weinstein," leading to Weinstein being tried not only for "alleged criminal acts charged in the indictment but also for his prurient interest in women."
After his sentencing in New York, Weinstein was extradited to California in July 2021 to face sexual assault allegations made by four women in Los Angeles and Beverly Hills between 2004 and 2013.
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On Dec. 19, he was found guilty of rape, forced oral copulation and another sexual misconduct count involving a woman known as Jane Doe 1.
Weinstein's lawyers argued in court documents the fallen movie mogul deserves a fair trial. (Richard Drew)
The jury could not reach a verdict on several counts, notably charges involving Jennifer Siebel Newsom, the wife of California Gov. Gavin Newsom, according to The Associated Press. The jury reported it was unable to reach verdicts on her allegations and the allegations of another woman. A mistrial was declared on those counts. He was also acquitted of a sexual battery allegation made by another woman.
{{#rendered}} {{/rendered}}Superior Court Judge Lisa Lench dismissed two counts of forcible rape and two counts of forcible oral copulation last month.
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The dropped charges followed the trial's opening statements when prosecutors only mentioned four women despite Jane Doe 5 being included in the original indictment.
{{#rendered}} {{/rendered}}Siebel Newsom shared a statement with Fox News Digital at the time, saying: "Harvey Weinstein will never be able to rape another woman. He will spend the rest of his life behind bars where he belongs. Harvey Weinstein is a serial predator and what he did was rape. Throughout the trial, Weinstein’s lawyers used sexism, misogyny and bullying tactics to intimidate, demean and ridicule us survivors. This trial was a stark reminder that we as a society have work to do. To all survivors out there — I see you, I hear you and I stand with you."
Weinstein, who also faces assault charges in London, faces up to 18 years in prison in the LA case and will be sentenced Feb. 23.