Harvey Weinstein has had his New York rape and sexual assault convictions overturned.
The New York Court of Appeals ruled that the disgraced movie producer did not receive a fair trial when he was convicted in 2020.
It is unclear if the bombshell ruling will free him from prison, as he still has another conviction in Los Angeles for a separate rape.
Weinstein has been serving 23 years in a New York jail for the two sex attacks against aspiring actress Jessica Mann and production assistant Mimi Haleyi. He was handed a further 16 years following his conviction in LA in 2022.
His team in California is appealing the decision and should that be overturned, he could walk free until the new trial.
Weinstein became the face of the #MeToo movement after dozens of women came forward alleging sexual abuse. The ruling on Thursday was described as ‘a major step back’ by his accusers.
Harvey Weinstein has had his conviction for felony sex crimes in New York overturned
Weinstein became the face of the #MeToo movement after dozens of women, including Jessica Mann (pictured in 2020) came forward alleging sexual abuse
The New York Court of Appeals ruled that the disgraced movie producer did not receive a fair trial. Pictured: Accuser Mimi Haleyi walking into his sentencing in New York in 2020
It is unclear if the bombshell ruling will free him from prison as he still has another conviction in Los Angeles for a separate rape. Pictured: Weinstein in February 2020 arriving for trial at Manhattan Criminal Court
Katherine Kendall, an actress and one of Weinstein’s accusers, was left stunned by the news.
‘It’s a terrible reminder that victims of sexual assault just don’t get justice,’ Ms. Kendall told the New York Times.
‘I’m completely let down by the justice system right now. I’m sort of flabbergasted.’
In a 4-3 decision, the New York court determined that the original trial judge had made an error in allowing women to testify who were not part of the case.
‘We conclude that the trial court erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes,’ the decision read.
‘It is an abuse of judicial discretion to permit untested allegations of nothing more than bad behavior that destroys a defendant’s character but sheds no light on their credibility as related to the criminal charges lodged against them.’
A new trial has been ordered which could see accusers take to the stand once again.
Weinstein, 72, was jailed in New York for the two attacks in 2006 and 2013.
He was convicted of third degree rape against Mann and criminal sexual act against Haleyi, but acquitted of first degree rape and two counts of predatory sexual assault.
The court heard Mann was attacked by Weinstein in a Manhattan hotel room in 2013.
Haleyi testified that he forcibly performed oral sex on her in his apartment while she had her period in 2006.
Weinstein, pictured with ex-wife Georgina Chapman in happier times, was a titan of the movie industry before allegations of sexual abuse made him the face of the #MeToo movement
Soprano’s actress Annabella Sciorra (right) seen with friend Rosie Perez was among six women to take to the stand in the New York trial
Former ‘Project Runway’ production assistant Mimi Haleyi, the woman Weinstein was convicted of sexually assaulting in 2006, recounted during her testimony how the film mogul forcibly performed oral sex on her while she had her period at his SoHo apartment
In total, six women took to the stand to give harrowing accounts of alleged abuse including model Tarale Wulff, pictured at the trial in 2020
The predatory sexual assault charge, which was the most serious, incorporated Sopranos actress Anabella Sciorra’s allegation that she was raped by Weinstein in her Manhattan apartment in the mid-1990s.
Sciorra’s allegation was too old to be charged on its own because of the statute of limitations, but jurors had to consider it as a basis for charges alleging Weinstein is a sexual predator.
In total, six women took to the stand to give harrowing accounts of alleged abuse.
Costume designer Dawn Dunning, model Tarale Wulff and actress Lauren Marie Young were among those who testified they were enticed into meeting Weinstein for professional reasons and then groped or raped.
Weinstein was acquitted in Los Angeles on charges involving one of the women who testified in New York.
Weinstein’s lawyers argued Judge James Burke’s rulings in favor of the prosecution turned the trial into ‘1-800-GET-HARVEY.’
Wigdor Law, which represented eight of Weinstein’s accusers including two connected to the New York trial, blasted the appeal court’s ruling.
‘Today’s decision is a major step back in holding those accountable for acts of sexual violence,’ the statement said.
Sopranos actress Annabella Sciorra, who was the first accuser to testify, told the jury that the burly Weinstein barged into her Manhattan apartment one winter night in 1993 or 1994 and violently raped her. She is pictured left in court and right in January 1994
The Sopranos actress (above) confronted Weinstein from the witness standing during her testimony, saying that he overpowered and raped her and made other crude overtures that included sending her x-rated chocolates and showing up uninvited in his underwear
Harvey Weinstein accuser Lauren Marie Young leaves Manhattan Criminal Court in 2020
‘Courts routinely admit evidence of other uncharged acts where they assist juries in understanding issues concerning the 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.’
The ruling was handed down by Judge Jenny Rivera, with Chief Judge Rowan D. Wilson and Judges Betsy Barros and Jessica Clarke concurring.
Judges Madeline Singas, Michael Garcia and Anthony Cannataro dissented, while Judges Shirley Troutman and Caitlin Halligan took no part.
The reversal of his conviction is the second major #MeToo setback in the last two years, after the U.S. Supreme Court refused to hear an appeal of a Pennsylvania court decision to throw out Bill Cosby’s sexual assault conviction.
Weinstein’s conviction stood for more than four years, heralded by activists and advocates as a milestone achievement, but dissected just as quickly by his lawyers and, later, the Court of Appeals when it heard arguments on the matter in February.
New York State of Appeals Chief Judge Janet DiFiore ruled that Weinstein’s appeal could proceed in 2022.
Costume designer Dawn Dunning, seen in this court sketch, was among the women who took to the stand to allege sexual assault despite her claims not forming part of the criminal complaint
The decision was handed down by New York Court of Appeals judge Jenny Rivera and stated that it was a mistake to let women testify about alleged abuse who did not form part of the criminal complaint during his trial
Harvey Weinstein departs New York State Supreme Court following a third of jury deliberation in his sexual assault trial in February 2020
The allegations against Weinstein first emerged in a 2017 New York Times article which named actress Rose McGowan, pictured on the first day of his New York trial in 2020, among accusers
At the time, his lawyer Arthur Aidala argued that women who did not form part of the criminal allegations should not have been allowed to take the stand and testify about alleged sex abuse by his client.
He also alleged that one juror did not disclose they’d previously written a book on sexual predators, which he said should have disqualified them from serving.
Weinstein denied the charges against him and insisted that his relations with the women were consensual.
More than 80 women accused the Oscar-winning producer of sexual assault and harassment.
The allegations first surfaced publicly in a New York Times story in 2017 detailing decades of alleged abuse.
Actresses Rose McGowan and Ashley Judd were among those who were named in the piece as accusers.
More to follow…
