Harvey Weinstein appeals rape conviction in MeToo case

Harvey Weinstein enters the courthouse on July 11, 2019 in New York Metropolis.

Stephanie Keith | Getty Photographs

Attorneys for movie producer Harvey Weinstein on Monday filed an enchantment of his conviction for rape and one other intercourse crime.

Weinstein, 69, was convicted in February 2020 after a trial in Manhattan Supreme Court docket.

He’s serving a 23-year jail sentence within the case, which was tried two years after explosive allegations of sexual misconduct by Weinstein ignited the #MeToo motion that has continued to derail the careers of different high-profile males.

His legal professionals in a courtroom submitting laid out seven grounds for overturning the conviction of the producer of movies akin to “Pulp Fiction,” “Shakespeare in Love,” and “Gangs of New York.”

They embrace the declare that Weinstein was denied his proper to be tried by an neutral jury when the trial choose denied his problem to bar a potential juror who had written an autobiographical ebook about “the predations of older males towards youthful ladies, and who lied in regards to the substance of the ebook throughout” jury choice.

Protection legal professionals additionally argued that Weinstein was denied his proper to a good trial as a result of jurors have been allowed to listen to claims of great sexual misconduct by him that weren’t the topic of the precise fees he faces, and that protection consultants have been improperly barred from testifying with reference to reminiscence of sexual occasions.

And, the legal professionals argued, Weinstein obtained “a sentence that was harsh and extreme.”

The enchantment is filed within the Appellate Division in Manhattan Supreme Court docket.

“We’ve filed a 166-page transient, outlining a number of critical errors made throughout the course of the trial,” Weinstein’s appellate lawyer Barry Kamins mentioned in an announcement to CNBC.

“We’re assured that the Appellate Division will discover these points critical sufficient to require a reversal of the conviction,” Kamins mentioned.

Jurors convicted Weinstein committing a first-degree felony sexual act by forcibly performing oral intercourse on manufacturing assistant Mimi Haleyi in 2006. He additionally was discovered responsible of third-degree rape for attacking aspiring actress Jessica Mann in a Manhattan lodge room in 2013.

In the course of the trial, jurors heard testimony from the actress Annabella Sciorra, who mentioned that Weinstein had raped her in her Manhattan house in 1993.

Weinstein was not charged with raping Sciorra, however her testimony, together with that of 5 different ladies, was allowed by the tried choose so as to let prosecutors to point out a sample of predatory conduct by the film mogul.

One other lawyer for Weinstein, Arthur Aidala, mentioned, “With a yr behind us and feelings subsided, the transcript of the case confirms what we all the time believed: that Mr. Weinstein didn’t obtain a good trial.”

“We are going to argue that the trial choose disregarded properly accepted and elementary rules of New York legislation and violated Mr. Weinstein’s constitutional rights,” Aidala mentioned. “We’ve the utmost confidence that the Appellate Division will right these errors and ship this case again earlier than a unique choose.”

Along with the New York case, Weinstein additionally faces pending fees filed in January 2020 by the Los Angeles district legal professional’s workplace, which accuses him of raping one girl and sexually assaulting a second girl over a two-day interval in 2013.

The Los Angeles DA has a pending extradition request for Weinstein, who’s being held in a New York state jail. Weinstein, who has a number of well being issues, examined constructive for the coronavirus in March 2020 whereas in jail.

– CNBC’s Kevin Breuninger contributed to this text.

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