Harvey Weinstein has filed an appeal against his rape conviction in Los Angeles, following the overturning of his separate New York rape conviction six weeks prior.
The 72-year-old former film producer’s lawyers argue that he did not receive a fair trial in the 2022 California case, where he was convicted of rape and sexual assault, resulting in a 16-year prison sentence.
Weinstein’s legal team is seeking a new trial in light of these concerns.
Weinstein’s landmark 2020 conviction in New York, which saw him sentenced to 23 years in prison and sparked the global #MeToo movement, was overturned in April due to “egregious” improper rulings by the judge, including allowing testimony about allegations not part of the case. Consequently, Weinstein may face a new trial in New York.
The appeal against his California conviction includes claims that Weinstein was wrongfully convicted of sexually assaulting one of the women, referred to as Jane Doe 1.
Additional allegations assert that evidence showing the victim’s sexual relationship with the director of a film festival was wrongly excluded from the trial.
Weinstein’s legal team argues that the jury was unfairly prejudiced by testimony from women about alleged assaults he was not charged with, similar to the circumstances of his overturned New York conviction.
At the California trial, Weinstein was charged with sexually assaulting four women, but was convicted of attacking only one, Evgeniya Chernyshova, during the LA Italia Film Festival in 2013.
Weinstein’s lawyers argue that the defence was prevented from presenting Facebook messages indicating a sexual relationship between Chernyshova and the festival’s founder, which they claim could have influenced the jury’s decision.
They also question Chernyshova’s financial motives in light of a lawsuit filed shortly after the verdict.Weinstein’s appeal is being closely watched, with his legal team emphasizing the need for a fair trial and the protection of his constitutional rights.
Meanwhile, the prosecution has until August 6th to respond to the appeal. Despite Weinstein’s health issues, including cardiac problems and diabetes, his lawyers maintain his mental acuity and readiness to contest his conviction.
Currently incarcerated in New York, Weinstein continues to assert his innocence, attributing any sexual activity to consensual encounters.
