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.
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In their 4-3 decision, Court of Appeal judges cited errors in the way the trial had been conducted, including admitting the testimony of women who were not part of the charges against him.
“Order reversed and a new trial ordered,” the ruling said.
“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,” wrote Judge Jenny Rivera, in an opinion for the majority.
“The court compounded that error when it ruled that defendant, who had no criminal history, could be cross examined about those allegations as well as numerous allegations of misconduct that portrayed defendant in a highly prejudicial light.”
Weinstein, 72, was convicted in February 2020 by a court in New York of 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.
Dozens of accusers
It was not immediately clear what would happen to Weinstein, who is currently being held at the Mohawk Correctional Facility in Rome, New York state.
He was also convicted and sentenced last year by a Los Angeles court to an additional 16 years in prison for the rape of a woman in a Beverly Hills hotel room, to be served after the first sentence.
But he was acquitted of sexual battery involving a second, while the jury did not reach a verdict on charges relating to the alleged assaults of two other women, one of whom was identified by her lawyers as Jennifer Siebel Newsom, the now-wife of California Governor Gavin Newsom.
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.
Bombshell allegations broke against the Academy Award winning producer in 2017, launching the #MeToo movement that paved the way for women to fight back against sexual violence in the workplace.
Weinstein is not the first high-profile man convicted in the wake of the #MeToo movement to have his conviction overturned.
Comedian Bill Cosby was found guilty in 2018 of drugging and sexually assaulting a woman, but Pennsylvania’s supreme court found he was denied a fair trial and set him free.
‘Thwarts gains of survivors’
“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.”
Attorney Douglas Wigdor, who represented two of the witnesses who were allowed to testify despite not being a party to the charges, said in a statement the decision was 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.”
A group of women who banded together to report Weinstein’s sexual misconduct echoed Judge Singas and Attorney Wigdor’s statements.
“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,” they said in a statement. “We will continue to fight for justice for survivors everywhere.”
Before the allegations against him emerged, the producer and his brother Bob were Hollywood’s ultimate power players.
They 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.
(FRANCE 24 with AFP)
