Harvey Weinstein’s 2020 rape conviction overturned by NY appeals court

NEW YORK (AP) — New York’s highest court on Thursday overturned Harvey Weinstein ‘s 2020 rape conviction, reversing a landmark ruling of the #MeToo era. The court found the trial judge had improperly allowed testimony against the ex-movie mogul based on allegations that weren’t part of the case.

Weinstein, 72, will remain in prison because he was convicted in Los Angeles in 2022 of another rape. But the New York ruling reopens a painful chapter in America’s reckoning with sexual misconduct by powerful figures — an era that began in 2017 with a flood of allegations against Weinstein.

While Thursday’s ruling was a blow to #MeToo advocates, they noted it was based on legal technicalities and not an exoneration of Weinstein’s behavior, saying the original trial irrevocably moved the cultural needle on attitudes about sexual assault.

The Manhattan district attorney’s office said it intends to retry Weinstein, and his accusers could again be forced to retell their stories on the witness stand.

The state Court of Appeals overturned Weinstein’s 23-year sentence in a 4-3 decision, finding that “the trial court erroneously admitted testimony of uncharged, alleged prior sexual acts.” The court’s majority called this “an abuse of judicial discretion.”

In a stinging dissent, Judge Madeline Singas wrote that the Court of Appeals was continuing a “disturbing trend of overturning juries’ guilty verdicts in cases involving sexual violence.”

The reversal of Weinstein’s conviction is the second major #MeToo setback in the last two years. The U.S. Supreme Court refused to hear an appeal of a Pennsylvania court decision to throw out Bill Cosby’s sexual assault conviction.

Weinstein has been in a New York prison since his conviction for criminal sex acts, including forcibly performing oral sex on a TV and film production assistant in 2006, and rape in the third degree for an attack on an aspiring actress in 2013. He was sentenced to 16 years in prison in the Los Angeles case.

Weinstein lawyer Arthur Aidala called the Court of Appeals ruling “a tremendous victory for every criminal defendant in the state of New York.”

Attorney Douglas H. Wigdor, who has represented eight Harvey Weinstein accusers including two witnesses at the New York criminal trial, called the ruling “a major step back.”