“Without question, this is appalling, shameful, repulsive conduct that could only diminish defendant’s character before the jury,” they said
Harvey Weinstein leaving the court on Thursday. Pic/AP
The decision by New York’s highest court to overturn the rape conviction of movie mogul Harvey Weinstein has reopened a painful chapter in America’s reckoning with sexual misconduct by powerful figures—an era that began in 2017 and helped launch the #MeToo movement.
New York’s Court of Appeals found the trial judge in the rape case prejudiced Weinstein with “egregious” improper rulings, including a decision to let women testify about allegations that Weinstein wasn’t charged with.
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In its 4-3 decision, the court’s majority said it was an “abuse of judicial discretion” for Judge James Burke to allow testimony from these other women about “loathsome alleged bad acts and despicable behavior.”
“Without question, this is appalling, shameful, repulsive conduct that could only diminish defendant’s character before the jury,” they said.
Weinstein’s attorney Arthur Aidala had argued that Burke also swayed the trial by giving prosecutors permission to confront Weinstein, if he chose to testify, about his past history.
Meanwhile, Weinstein, 72, will remain imprisoned because he was convicted in Los Angeles in 2022 of another rape and sentenced to 16 years.
Weinstein’s lawyers are appealing the only conviction now remaining — Weinstein’s guilty verdict in Los Angeles, for charges of rape and sexual assault against Italian actor and model Evgeniya Chernyshova.
Weinstein maintains he is innocent of the charges of criminal sex acts.
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