Appeals court upholds Harvey Weinstein's California rape conviction, but says he must be resentenced

A California appeals court on Friday affirmed Harvey Weinstein’s 2022 conviction for rape and sexual assault, while directing the trial judge to impose a new sentence.

The ruling was issued unanimously by a three-judge panel of California’s 2nd District Court of Appeal.

“We are disappointed by today’s decision and respectfully disagree with the Court of Appeal’s conclusions regarding the fairness of Mr. Weinstein’s trial,” Weinstein spokesperson Juda Engelmayer said in an email. “At the same time, the court correctly recognized that his sentence cannot stand.”

The decision arrived one day after prosecutors in New York moved to end another #MeToo-era case against Weinstein, dropping it Thursday after the accuser said she could not endure testifying again.

Weinstein, once one of Hollywood’s most powerful producers, remains incarcerated and is still convicted of a separate sexual felony in New York. However, the New York rape charge had been left unresolved following an overturned conviction and two subsequent mistrials in which juries deadlocked.

In California, Weinstein, 74, was found guilty in December 2022 of one count of rape and two counts of sexual assault involving an Italian model and actor identified at trial as Jane Doe 1. He was later sentenced to 16 years in prison.

As part of the appeal, Weinstein’s attorneys contended that Superior Court Judge Lisa B. Lench improperly restricted testimony from the head of a film festival during his Los Angeles County trial, and they had sought a new trial.

In New York, Weinstein is scheduled to be sentenced in September on the assault conviction that remains in place and involves a different woman. Prosecutors are asking for a 20-year prison sentence, which he would serve before any California term.

After the Los Angeles trial, Jane Doe 1 later came forward under her name, Evgeniya Chernyshova, when she sued Weinstein in civil court.

Chernyshova testified that Weinstein arrived uninvited to her hotel room during the 2013 LA Italia Film Festival and assaulted her.

Weinstein’s defense argued that a judge wrongly prevented his trial lawyers from asking about Facebook messages between Chernyshova and festival head Pascal Vicedomini that would have shown they had a sexual relationship.

The questioning would have shown she perjured herself when she said she and Vicedomini were just friends and colleagues, Weinstein’s lawyers argued. And they said it would have bolstered their argument that she was not even in her room on the night of the alleged assault.

“The lower court all but gutted Mr. Weinstein’s defense,” attorney Jennifer Bonjean told the appeals judges at April 23 oral arguments.

David Glassman, who represented the state, said any affair was irrelevant. “It doesn’t apply to any contested issue in the case,” he said.

Before his sentencing, Weinstein told the judge that this was a “made-up story” from a woman he had never met.

The Los Angeles trial jury acquitted Weinstein of the sexual battery of a massage therapist and failed to reach verdicts on counts involving two other women.

“This is not the end of the appellate process,” Engelmayer said in his email Friday. “We intend to seek review in the California Supreme Court because we continue to believe significant legal errors affected the proceedings and warrant further review.”

Emails seeking comment from Chernyshova’s attorney and the Los Angeles prosecutors were not immediately answered.

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like
New Mexico AG launches criminal investigation into DEA over allegations agents let fentanyl flood state

New Mexico AG Opens Criminal Probe Into DEA Over Claims Agents Allowed Fentanyl Into State

New Mexico Attorney General Raúl Torrez said Friday that his office has…
Chicago residents, experts react to Supreme Court's TPS decision affecting Haitians, Syrians

Chicago Haitians and Syrians Face Uncertainty After Supreme Court TPS Decision

CHICAGO (WLS) — They run neighborhood businesses, staff factories and serve patients…
Harlem lawyer shares her American dream

Harlem Lawyer Reveals Her Inspiring Journey to the American Dream

Through July 4, The Post, in partnership with the Milken Center for…
Antisemitic vandal carves swastika into car on Upper East Side

Swastika Carved Into Car on Upper East Side in Antisemitic Vandalism Incident

Police are investigating a troubling act of vandalism on the Upper East…
Cops drop murder probe after coroner rules man’s bloody stabbing death was freak accident

Police Drop Murder Investigation After Coroner Rules Stabbing Death a Freak Accident

A British man whose death was first investigated as a possible murder…
CPS news: Chicago Public School teachers, Chicago Teachers Union warn of cuts as CPS faces $700 million budget deficit

Chicago Public Schools Teachers Union Warns of Cuts as CPS Faces $700M Budget Deficit

CHICAGO (WLS) — Teachers and staff in Chicago Public Schools are raising…
Palisades Fire suspect has courtroom outburst while pleading not guilty at arraignment

Mistrial Declared in Palisades Fire Suspect Case Amid Claims of Luigi Mangione Obsession

A federal judge has declared a mistrial in the case against Jonathan…
NJ teen 'stalker' Vincent Battiloro accused of killing two girls in hit-and-run will be tried as adult

NJ Teen Vincent Battiloro to Be Tried as Adult in Hit-and-Run Deaths of Two Girls

A teenager accused of killing two 17-year-old girls in an alleged hit-and-run…
Feds charge four as World Cup drone crackdown tops 400 seizures across US host cities nationwide

FIFA World Cup Drone Crackdown: Feds Charge 4 as Seizures Top 400 Across US Host Cities

FBI battles drones at World Cup venues Fox News anchor Jon Scott…
Texas Board of Education approves required reading list with Bible passages for 5 million students

Texas Board of Education Approves Bible-Based Reading List for 5 Million Students

Texas’ Republican-led State Board of Education on Friday approved a mandatory reading…
DSNY launches 'No Need to Knick' a trash bin giveaway after JP Morgan theft

DSNY Launches No Need to Nick Trash Bin Giveaway After JPMorgan Theft

New York City is taking a playful shot at the Knicks fan…
Hundreds of rabbis demand NYC Mayor Zohran Mamdani apology for calling pro-Israel AIPAC 'monsters'

Hundreds of Rabbis Demand NYC Mayor Zohran Mamdani Apologize for AIPAC Monsters Remark

More than 700 rabbis from across the United States have signed an…