Harvey Weinstein’s 2020 rape conviction was overturned Thursday in New York, making way for a new trial.
The state Court of Appeals found that the judge in the landmark #MeToo trial prejudiced the former film mogul with improper rulings, including a decision to let women testify about allegations that weren’t 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 because that testimony served no material non-propensity purpose,” the court said in a 4-3 decision.
“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,” it said.
Judge Jenny Rivera called the errors “egregious” and said the remedy is a new trial. Weinstein’s accusers could again be called to testify.
Attorney Lindsay Goldbrum, who represented six Weinstein accusers, said the decision was a “leap backward for the rule of law” and could deter future sexual assault victims from coming forward.
“To all victims of sexual assault who are retraumatized by today’s ruling, I am so sorry,” said Goldbrum, whose clients included model Tarale Wulff, who testified that Weinstein raped her at his Manhattan apartment in 2005 after having lured her there with talk of a movie audition.
A spokesperson for the Manhattan District Attorney’s Office said it “will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault.”
Douglas H. Wigdor, an attorney who has represented eight Weinstein accusers, slammed the decision and said it “is 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,” he said in a statement.
Wigdor said that overturning the conviction was “tragic in that it will require the victims to endure yet another trial.”
Judge Madeline Singas, in a dissenting opinion, accused the majority of “whitewashing the facts to conform to a he-said/she-said narrative” and failing to recognize that the jury was allowed to consider Weinstein’s past assaults.
“This Court has continued a disturbing trend of overturning juries’ guilty verdicts in cases involving sexual violence,” Singas wrote.
In a separate dissenting opinion, Judge Anthony Cannataro said the decision was an “unfortunate step backwards.”
Weinstein, 72, has been serving a 23-year sentence in a New York prison following his conviction on charges of criminal sex act for forcibly performing oral sex on a TV and film production assistant in 2006 and rape in the third degree for an attack on an aspiring actor in 2013.
The charges came to light in 2017 following investigative reports published by The New York Times and The New Yorker. His pattern of sexual abuse and lack of accountability helped fuel the #MeToo Movement.
Juda Engelmayer, a spokesperson for Weinstein, said they are “thrilled with the court’s decision.”
“We obviously have a long road ahead of us in California,” Engelmayer said in a statement to NBC News.
Weinstein’s lawyer, Arthur Aidala, said the decision was a “victory” for his client and “every criminal defendant in the United States of America.”
Weinstein also faced charges in Los Angeles and was convicted in 2022 of rape and sentenced to 16 years in prison. He was acquitted of a count of sexual battery in that case.
Evgeniya Chernyshova, one of Weinstein’s accusers in the Los Angeles case, did not have a comment on the overturned New York conviction.
But her attorney, David M. Ring, said he was disappointed and Chernyshova feels bad for the New York accusers.
“However, both she and I are confident that Weinstein’s Los Angeles conviction for rape will be upheld,” he said in a statement. “As the only victim who has now obtained a criminal conviction against Weinstein, she will continue to stand tall and do whatever necessary to obtain justice not only for herself but for all victims.”
Mark Werksman, Weinstein’s attorney in the Los Angeles case, said the overturned conviction was “the right result” and a “great outcome.”
“We faced the same unfairness in the Los Angeles case where the judge allowed the prosecutors to admit evidence of five uncharged allegations of sexual assault,” Werksman said in a statement. “It’s terribly unfair and creates confusion where you can never be sure whether the jury convicted your client because of charged conduct or uncharged conduct. That’s why these convictions have to be reversed.”
This is a developing story. Please check back for updates.
