Appellate judges raise doubts about Weinstein's conviction

2 years ago 276

NEW YORK – A New York appeals tribunal blasted Manhattan prosecutors Wednesday for filling retired Harvey Weinstein’s rape proceedings past twelvemonth with what 1 justice deemed “incredibly prejudicial testimony” from women whose allegations weren’t portion of the transgression charges against him — a strategy that present has the imaginable to jeopardize the disgraced movie mogul’s conviction.

Members of a five-judge sheet successful the state’s intermediate appeals tribunal appeared incensed with Judge James Burke’s determination to let the witnesses and for different ruling that cleared the mode for prosecutors to face Weinstein with grounds astir different misbehavior if helium had testified.

Several judges connected the sheet appeared unfastened to considering reversing Weinstein’s condemnation and ordering a caller trial. A determination isn’t expected until January.

Judge Sallie Manzanet-Daniels was peculiarly vocal, saying that prosecutors had piled connected with “incredibly prejudicial” grounds from further witnesses and that socking distant details astir Weinstein’s behaviour — successful immoderate cases boorish but not intersexual — amounted to overkill.

“Let’s inflame the jury’s bosom by telling them that helium bushed up his member during a meeting. I conscionable I don’t spot however determination is simply a equilibrium determination connected that,” Manzanet-Daniels said, challenging a lawyer from the Manhattan territory attorney’s bureau who implored the judges to uphold Weinstein’s conviction.

Weinstein, 69, was convicted successful February 2020 of a transgression enactment enactment for forcibly performing oral enactment connected a TV and movie accumulation adjunct successful 2006 and rape successful the 3rd grade for an onslaught connected an aspiring histrion successful 2013. He was acquitted of first-degree rape and 2 counts of predatory intersexual battle stemming from histrion Annabella Sciorra’s allegations of a mid-1990s rape.

The verdict was a landmark successful the #MeToo question that was spawned by women coming guardant with allegations against Weinstein. He maintains his innocence and contends that immoderate intersexual enactment was consensual.

Burke, the Manhattan justice who presided implicit Weinstein’s trial, allowed prosecutors to bolster their lawsuit with grounds from 3 women who alleged Weinstein besides violated them but whose claims did not pb to charges successful the New York case.

Rules connected calling witnesses to attest astir alleged “prior atrocious acts” alteration by authorities and was an contented successful Bill Cosby’s palmy entreaty of his intersexual battle condemnation successful Pennsylvania. New York’s rules, shaped by a landmark determination successful a 1901 poisoning case, are among the much restrictive.

Weinstein’s lawyers argued that other grounds went beyond what’s usually allowed — detailing motive, opportunity, intent oregon a communal strategy oregon program — and fundamentally enactment the ex-studio brag connected proceedings for crimes helium wasn’t charged with and hadn’t had an accidental to support himself against.

Burke’s ruling allowing prosecutors to usage fearfulness stories from Weinstein’s past to onslaught his credibility worked to forestall him from taking the witnesser stand, Weinstein lawyer Barry Kamins told the appellate panel.

“The assemblage was overwhelmed by specified prejudicial, atrocious evidence,” Kamins argued. “This was a proceedings of Harvey Weinstein’s character. The radical were making him retired to beryllium a atrocious person.”

Kamins besides challenged Burke’s refusal to region a juror who had written a caller involving predatory older men, arsenic good arsenic his determination to let prosecutors to person an adept connected unfortunate behaviour and rape myths attest portion rejecting grounds connected akin subjects from defence experts.

Weinstein, sentenced to 23 years successful authorities situation successful New York, did not be Wednesday’s arguments. He was extradited to California earlier this twelvemonth and is jailed determination portion awaiting proceedings connected charges helium assaulted 5 women successful Los Angeles and Beverly Hills from 2004 to 2013.

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Follow Michael Sisak connected Twitter astatine twitter.com/mikesisak

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