Harvey Weinstein appeals LA rape conviction after NY verdict overturned
The disgraced Hollywood producer Harvey Weinstein has appealed to overturn his rape and sexual assault conviction in Los Angeles. This move comes weeks after his New York conviction was overturned in April in a separate case. Court documents reveal that Weinstein filed his appeal on Friday (local time), seeking a new trial. His lawyers argue that he didn't get a fair trial during his 2022 conviction in LA, which resulted in a 16-year prison sentence.
Weinstein's lawyers claimed wrongful conviction
In the appeal, Weinstein's legal team argues that he was wrongfully convicted of sexually assaulting Jane Doe 1. In 2022, Weinstein was found guilty of one count of rape and two counts of sexual assault in the Los Angeles trial. The appeal alleges that Weinstein did not receive a "fair opportunity" to defend against Jane Doe 1's allegations.
Weinstein's appeal cited legal 'missteps'
Weinstein's publicist, Juda Engelmayer, reportedly stated that the appeal points out nearly a dozen areas of legal missteps that infringed on Weinstein's right to a fair trial. Engelmayer said, "Harvey Weinstein was tried by a system devoted to 'getting him' at all costs. We know he has a solid case here." The LA County District Attorney's Office has yet to respond to this development.
Appeal questioned prosecution's evidence and theory
The appeal claimed that the jury was misled about Jane Doe 1's truthfulness. The appeal revisits the charges concerning JD1, who claimed that Weinstein arrived uninvited at her hotel room and "raped her for over an hour" while she was attending the Los Angeles Italia Film Festival in 2013. It also disputes the prosecution's theory that JD 1 was offered as sexual bait to Weinstein by the founder of the Italia Film Festival.
Defense alleged violation of Sixth Amendment rights
The appeal further argued that Weinstein's Sixth Amendment right to present a defense was violated as the defense was unable to use evidence proving JD1's romantic relationship with the festival founder. It also alleges that information about JD1's whereabouts at the time of the alleged rape was withheld. The document states that jurors weren't allowed to cross-examine JD1 about her financial situation, leaving them with a "false impression" of her financial interest in the case outcome.
Meanwhile, his next hearing is scheduled for July
Presently incarcerated at Rikers Island, Weinstein is anticipated to face retrial in NYC starting in September. During a court appearance on May 29, Manhattan Assistant District Attorney Nicole Blumberg highlighted the possibility of new indictments being brought against the 72-year-old producer by Alvin Bragg's office, with Weinstein present in court. The Oscar winner is scheduled to appear again in a New York City court on July 9.
