3 weeks ago
Harvey Weinstein's rape condemnation being overturned intends #MeToo prosecutors will request to "adjust" their strategies successful early cases.
Weinstein's 2020 conviction was overturned by a New York appeals tribunal Thursday, granting his ineligible team's petition for a caller trial.
"Trial courts will beryllium much cautious pinch their evidentiary rulings wherever a defendant’s characteristic aliases grounds of past misdeeds are presented," criminal defense lawyer Michael Rene Huff told Fox News Digital. "While, generally, findings of truth are wrong nan sound discretion of nan proceedings court, judges will workout greater scrutiny arsenic to their evidentiary rulings successful these cases. The #MeToo activity will request to set their prosecutorial strategies accordingly."
Prosecutors apt will beryllium "more hesitant" to usage "prior bad acts" witnesses successful early cases, erstwhile national charismatic Neama Rahmani explained to Fox News Digital.
HARVEY WEINSTEIN RAPE CONVICTION OVERTURNED BY NY APPEALS COURT
Harvey Weinstein's 2020 condemnation was overturned by an appeals tribunal Thursday. (Getty Images)
"Prosecutors for illustration anterior bad acts grounds successful intersexual battle cases," Rahmani said. "Jurors whitethorn not judge nan grounds of 1 unfortunate successful a he said-she said situation, but it’s difficult for them to cull nan grounds of aggregate victims who show nan aforesaid story."
Oleg Nekritin, a defense lawyer astatine nan Law Offices of Robert J. DeGroot, told Fox News Digital nan latest ruling won't impact Me Too cases much.
"Weinstein achieved an undeniable ineligible triumph earlier nan Court of Appeals," he said. "However, its effect connected past aliases early ‘MeToo’ cases will beryllium minimal, arsenic nan court's determination was constricted to nan circumstantial facts of this case."
A New York appeals tribunal overturned Weinstein’s 2020 rape and forcible activity enactment conviction. He was primitively recovered blameworthy of forcing oral activity connected TV and movie accumulation adjunct Mimi Haley successful 2006 and third-degree rape of hairstylist Jessica Mann successful 2013.
He was acquitted of first-degree rape and 2 counts of predatory intersexual battle from character Annabella Sciorra’s allegations of rape successful nan 1990s. Weinstein has denied ever engaging successful non-consensual sex.
In a 4-3 decision, nan appeals tribunal recovered Weinstein's proceedings judge allowed prosecutors to telephone women who said Weinstein had assaulted them to testify, moreover though their accusations did not specifically subordinate to nan intermezo mogul's charges. This move created an unfair proceedings for Weinstein, nan 4 judges concluded.
Harvey Weinstein's lawyers person maintained he did not person a adjacent proceedings successful New York. (Richard Drew)
"Justice was served. I judge this determination is larger than Harvey Weinstein," Donna Rotunno, Weinstein's defense lawyer, told Fox News successful a statement. "Courts cannot run connected emotion and deficiency of owed process. The world is disconnected balance, and erstwhile nan justness strategy does not work, thing does. This determination restores religion successful nan instauration of our system."
LIKE WHAT YOU’RE READING? CLICK HERE FOR MORE ENTERTAINMENT NEWS
Weinstein's conviction being overturned doesn't mean he is "actually innocent," Rahmani noted.
"He’ll get prosecuted again and will beryllium convicted again, this clip without utilizing nan grounds regarding nan uncharged intersexual assaults," nan president of West Coast Trial Lawyers told Fox News Digital. "He’ll astir apt get nan aforesaid condemnation erstwhile he is convicted again. The judge won’t punish him for exercising his entreaty rights.
"And, successful nan meantime, Weinstein will beryllium serving a 16-year condemnation successful California authorities prison. Nor will nan determination person immoderate precedential effect connected nan California aliases different Me Too cases. It was a slim majority, and New York rule doesn’t power California and different states."
Mimi Haley testified Harvey Weinstein forced oral activity connected her erstwhile she was a accumulation adjunct successful 2006. (Getty Images)
CLICK HERE TO SIGN UP FOR THE ENTERTAINMENT NEWSLETTER
Despite nan tests being successful different states, Weinstein's lawyers person raised nan aforesaid issues regarding nan producer's California conviction.
"While nan tests were successful different jurisdictions, nan aforesaid rumor of admitting anterior bad acts occurred successful nan California case," Richard Kaplan, partner of Kaplan Marino, told Fox News Digital. "It is apt his appellate squad will craft nan aforesaid arguments that prevailed successful New York."
Weinstein's ineligible squad hinted astatine nan aforesaid statement pursuing Thursday's overturned conviction.
"We faced nan aforesaid basal unfairness successful nan Los Angeles case, wherever nan judge fto nan assemblage perceive astir 4 uncharged allegations of intersexual assault," Mark Werksman, Weinstein's defense lawyer for nan California case, told nan Los Angeles Times.
"Harvey was subjected to a firehose of uncharged and unthinkable allegations which destroyed his correct to a adjacent proceedings connected nan charges successful nan indictment. The lawsuit present should beryllium reversed for nan aforesaid reasons nan New York lawsuit was reversed."
Jessica Mann accused Harvey Weinstein of raping her successful 2013. (Johannes Eisele/AFP via Getty Images)
After Weinstein's sentencing successful New York successful 2020, he was extradited to California successful July 2021 to look intersexual battle allegations made by 4 women successful Los Angeles and Beverly Hills betwixt 2004 and 2013.
In December 2022, he was recovered blameworthy of rape, forced oral copulation and different intersexual misconduct count involving a female known arsenic Jane Doe 1. He was sentenced to 16 years successful situation successful February 2023. Weinstein's ineligible squad has vowed to entreaty that condemnation arsenic well.
"Consequently, Weinstein’s California entreaty whitethorn person legs if nan California appellate tribunal rules that nan proceedings tribunal allowed inadmissible grounds regarding Weinstein’s character," Huff told Fox News Digital.
Weinstein besides faces charges in London for 2 alleged offenses successful 1996.
Following Harvey Weinstein's New York conviction, nan intermezo mogul was extradited to California, wherever he was convicted connected much intersexual battle charges. (Reuters)
CLICK HERE TO GET THE FOX NEWS APP
Fox News Digital's Tracy Wright contributed to this report.
