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Harvey Weinstein’s rape conviction in New York has been overturned.
On Thursday, the New York Court of Appeals overturned the conviction in a 4-3 ruling.
In docs obtained by “Extra,” the court argued that the judge who handled the case in 2020 “erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes.”
In a statement, Judge Jenny Rivera said, “Defendant was convicted by a jury for various sexual crimes against three named complainants and, on appeal, claims that he was judged, not on the conduct for which he was indicted, but on irrelevant, prejudicial, and untested allegations of prior bad acts.”
“We conclude that the trial court erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes because that testimony served no material non-propensity purpose,” Judge Rivera added. “The court compounded that error when it ruled that defendant, who had no criminal history, could be cross examined about those allegations as well as numerous allegations of misconduct that portrayed defendant in a highly prejudicial light. The synergistic effect of these errors was not harmless.”
After the news broke, Weinstein’s spokesperson Juda Engelmayer told Deadline, “We’re cautiously excited. He still has a long road ahead of him because of the Los Angeles case. We are studying the ramifications of the appeal right now.”
Before the ruling, Weinstein was serving a 23-year prison sentence in New York after he had been found guilty of a criminal sex act in the first degree and rape in the third degree. He was convicted on two of the five charges against him, but found not guilty on two counts of predatory sexual assault and rape in the first degree.
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Ashley Judd on Her Decision to Speak Out Against Harvey Weinstein
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Following Thursday’s ruling, New York Times correspondent Jodi Kantor, who broke the story about Weinstein’s alleged sexual harassment and abuse in 2017, shared on the New York Times website, “I just telephoned Ashley Judd, the first actress to come forward with allegations against Weinstein, and shared the news from the court. ‘That’s really hard for the survivors,’ she said. ‘We still live in our truth. And we know what happened.’”
Weinstein is not a free man, in spite of the shocking reversal.
In 2022, Weinstein was convicted on three charges of rape and sexual assault in L.A, and was acquitted of one other charge. The jury was unable to reach a unanimous verdict on three other counts.
Weinstein will now be transferred to Los Angeles to serve his 16-year prison sentence there, while New York AG Alvin Bragg decides whether to retry Weinstein.
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