NEW YORK (AP) 鈥� New York鈥檚 highest court on Thursday threw out 鈥檚 2020 rape conviction with a ruling that shocked and disappointed women who celebrated historic gains during the era and left those who testified in the case bracing for a retrial against the ex-movie mogul.
The court found the trial judge unfairly allowed testimony against Weinstein based on allegations that weren鈥檛 part of the case.
Weinstein, 72, will remain in prison because he was in 2022 of another rape. But reopens a painful chapter in America鈥檚 reckoning with sexual misconduct by powerful figures 鈥� an era that began in 2017 with a flood of allegations against Weinstein.
#MeToo advocates noted that Thursday's ruling 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鈥檚 office said it intends to retry Weinstein, and at least one of his accusers said through her lawyer that she would testify again.
The state Court of Appeals overturned Weinstein鈥檚 23-year sentence in a 4-3 decision, saying 鈥渢he trial court erroneously admitted testimony of uncharged, alleged prior sexual acts鈥� and permitted questions about Weinstein's 鈥渂ad behavior鈥� if he had testified. It called this 鈥渉ighly prejudicial鈥� and 鈥渁n abuse of judicial discretion.鈥�
In a stinging dissent, Judge Madeline Singas wrote that the Court of Appeals was continuing a 鈥渄isturbing trend of overturning juries鈥� guilty verdicts in cases involving sexual violence.鈥� She said the ruling came at 鈥渢he expense and safety of women.鈥�
In another dissent, Judge Anthony Cannataro wrote that the decision was 鈥渆ndangering decades of progress in this incredibly complex and nuanced area of law鈥� regarding sex crimes after centuries of 鈥渄eeply patriarchal and misogynistic legal tradition.鈥�
The reversal of Weinstein鈥檚 conviction is the second major #MeToo setback in the last two years. The U.S. Supreme Court of a Pennsylvania court decision to throw out Bill Cosby鈥檚 sexual assault conviction.
Weinstein has been in a New York prison since his conviction for 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 actor in 2013. He was acquitted on the most serious charges 鈥� two counts of predatory sexual assault and first-degree rape.
He was sentenced to in the Los Angeles case.
Weinstein鈥檚 lawyers expect Thursday鈥檚 ruling to have a major impact on the appeal of his Los Angeles rape conviction. Their arguments are due May 20.
Jennifer Bonjean, a Weinstein attorney, said the California prosecution also relied on evidence of uncharged conduct alleged against him.
鈥淎 jury was told in California that he was convicted in another state for rape,鈥� Bonjean said. 鈥淭urns out he shouldn鈥檛 have been convicted and it wasn鈥檛 a fair conviction. 鈥� It interfered with his presumption of innocence in a significant way in California.鈥�
Weinstein lawyer Arthur Aidala called the Court of Appeals ruling 鈥渁 tremendous victory for every criminal defendant in the state of New York.鈥�
Attorney Douglas H. Wigdor, who has represented eight Harvey Weinstein accusers including two witnesses at the New York criminal trial, called it 鈥渁 major step back鈥� and contrary to routine rulings by judges allowing evidence of uncharged acts to help jurors understand the intent or patterns of a defendant's criminal behavior.
Debra Katz, a prominent civil rights and #MeToo attorney who represented several Weinstein accusers, said her clients are 鈥渇eeling gutted鈥� by the ruling, but she believes 鈥� and is telling them 鈥� that their testimony had changed the world.
鈥淧eople continue to come forward, people continue to support other victims who鈥檝e reported sexual assault and violence, and I truly believe there鈥檚 no going back from that,鈥� Katz said. She predicted Weinstein will be convicted at a retrial and said accusers like her client Dawn Dunning feel great comfort knowing he will remain behind bars.
Dunning, a former actor who was a supporting witness at the New York trial, said in remarks to The Associated Press conveyed through Katz that she was 鈥渟hocked鈥� by the ruling and dealing with a range of emotions, including asking herself, 鈥淲as it all for naught?鈥�
鈥淚t took two years of my life,鈥� Dunning said. 鈥淚 had to live through it every day. But would I do it again? Yes.鈥�
She said that in confronting Weinstein, she faced her worst fear and realized he had no power over her.
was heralded by activists and advocates as a milestone achievement, but dissected just as quickly by his lawyers and, later, the Court of Appeals when it heard arguments on the matter in February.
Allegations against Weinstein, the once powerful and feared studio boss behind such Oscar winners as 鈥淧ulp Fiction鈥� and 鈥淪hakespeare in Love,鈥� .
to accuse Weinstein, including stars such as Ashley Judd and Uma Thurman. His New York trial drew intense publicity, with .
鈥淭his is what it鈥檚 like to be a woman in America, living with male entitlement to our bodies,鈥� .
Weinstein, incarcerated at the Mohawk Correctional Facility, about 100 miles (160 kilometers) northwest of Albany, maintains his innocence. He contends any sexual activity was consensual.
His lawyers argued on appeal that the trial overseen by Judge James Burke was unfair because testimony was allowed from three women whose claims of unwanted sexual encounters with Weinstein were not part of the charges. Burke's term expired at the end of 2022, and he is no longer a judge.
They also appealed the judge's ruling that prosecutors could confront Weinstein over his long history of brutish behavior, including allegations of punching his movie producer brother at a business meeting, snapping at waiters, hiding a woman's clothes and threatening to cut off a colleague's genitals with gardening shears.
As a result, Weinstein, who wanted to testify, did not take the stand, Aidala said.
The appeals court labeled the allegations 鈥渁ppalling, shameful, repulsive conduct鈥� but warned that 鈥渄estroying a defendant's character under the guise of prosecutorial need鈥� did not justify some trial evidence and testimony.
In a majority opinion written by Judge Jenny Rivera, the Court of Appeals said defendants have a right to be held accountable 鈥渙nly for the crime charged and, thus, allegations of prior bad acts may not be admitted against them for the sole purpose of establishing their propensity for criminality.鈥�
The Court of Appeals after an intermediate appeals court . Prior to their ruling, judges on the lower appellate court at oral arguments had raised doubts about Burke鈥檚 conduct. One observed that Burke let prosecutors pile on from additional witnesses.
At a news conference, Aidala predicted that the lasting effect of the reversal would be that more defendants will testify at their trials, including Weinstein, who 鈥渨ill be able to tell his side of the story.鈥�
He said that when he spoke to Weinstein on Thursday, his client told him: 鈥淚鈥檝e been here for years in prison for something I didn鈥檛 do. You got to fix this.鈥�
___
Collins reported from Hartford, Connecticut. Associated Press writers Jocelyn Noveck, Cedar Attanasio and Larry Neumeister in New York contributed.
Michael R. Sisak And Dave Collins, The Associated Press
