Harvey Weinstein’s 2020 conviction for felony sex crime charges was nullified and a new trial was ordered by New York’s highest court on Thursday morning, surprising almost everyone. So what happens next? On Thursday morning, it was revealed that the New York State Court of Appeals found that the judge who presided over Weinstein’s trial “incorrectly allowed testimony of uncharged, alleged previous sexual acts.”
In essence, the Appeals Court determined that Weinstein did not receive a fair trial in New York because past allegations and testimonies were permitted, even though they were not related to the specific crimes he was accused of in this particular case. Therefore, the conviction was declared invalid.
However, the decision was made by a narrow margin, with a vote of 4-3. In a
harshly critical dissent letter, one New York appeals judge contended that the court failed to grasp the intricacies and subtleties of the case and that “New York’s women deserve better.” So, will the former Hollywood mogul stay in prison after the reversal? The brief answer, for the time being, is yes.
Last year, Weinstein received a 16-year prison sentence for similar sexual assault charges in California. He was initially facing 11 counts of rape and sexual battery in that case, stemming from alleged actions between 2004 and 2013, but four of those counts were eventually dropped. Ultimately, he was found guilty on three of seven total charges.
Because that case was brought and tried in Los Angeles, his 16-year sentence must be served separately from his New York sentence. With regards to the latter, Weinstein had already served four years out of what was meant to be
a 23-year sentence. Therefore, regardless of the outcome of the New York retrial, Weinstein still faces the 16-year sentence from Los Angeles (even though he has been attempting to appeal that conviction as well). Weinstein is currently incarcerated at Mohawk Correctional Facility in Rome, New York, but will eventually be transferred to a prison in California. The timing of this move as well as the potential date of his New York retrial remain unclear.
“We’re analyzing the appeal and we don’t yet understand the full implications of it,” Weinstein’s spokesperson Juda Engelmayer told TheWrap. “Harvey is unaware of the ruling at this point – we cannot call him in jail, he is only able to call us. We have sent him an email, and his lawyer has sent him an email, but he has not responded yet. His team is cautiously optimistic.”
The decision to overturn the conviction
also sparked outrage on the internet with many individuals lamenting the fact that some of Weinstein’s victims may now have to testify again in a new trial. “When victims mention that the ‘justice system’ retraumatizes them, this is what they mean,” one person commented.
“Harvey Weinstein – the last effort of a self-absorbed emptiness determined to have the final say,” another individual remarked. “His victims will be compelled to go through it all over again and for what? He’s a rapist. He is unapologetic. I hope he decays.”
Here’s the current legal situation for the former Hollywood mogul
