New York鈥檚 highest court on Thursday overturned 鈥檚 2020 rape conviction, reversing a landmark ruling of the era. The court found the trial judge had improperly allowed testimony against the ex-movie mogul 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 the New York ruling 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.
While Thursday鈥檚 ruling was a blow to #MeToo advocates, they noted it was based on legal technicalities and not an exoneration of Weinstein鈥檚 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 his accusers could again be forced to retell their stories on the witness stand.
The state Court of Appeals overturned Weinstein鈥檚 23-year sentence in a 4-3 decision, finding that 鈥渢he trial court erroneously admitted testimony of uncharged, alleged prior sexual acts.鈥� The court鈥檚 majority called this 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�
The reversal of Weinstein鈥檚 conviction is the second major #MeToo setback in the last two years. 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 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 in the Los Angeles case.
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 the ruling 鈥渁 major step back.鈥�
鈥淐ourts routinely admit evidence of other uncharged acts where they assist juries in understanding issues concerning the intent, modus operandi or scheme of the defendant. The jury was instructed on the relevance of this testimony and overturning the verdict is tragic in that it will require the victims to endure yet another trial,鈥� Wigdor said in a statement.
Debra Katz, the prominent civil rights and #MeToo attorney who represented several Weinstein accusers, said her clients are 鈥渇eeling gutted鈥� by the ruling, but that she believed 鈥� and was 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 would be convicted again at a retrial, and said accusers feel great comfort knowing Weinstein will remain behind bars.
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 famous actresses such as Ashley Judd and Uma Thurman. His New York trial drew intense publicity, with .
Weinstein, who is incarcerated at the Mohawk Correctional Facility, about 100 miles (160 kilometers) northwest of Albany, maintains his innocence. He contends any sexual activity was consensual.
Aidala argued before the appeals court in February that Burke swayed the trial by allowing three women to testify about allegations that weren鈥檛 part of the case and by giving prosecutors permission to confront Weinstein, if he had testified, about his long history of brutish behavior.
Aidala argued the extra testimony went beyond the normally allowable details about motive, opportunity, intent or a common scheme or plan, and essentially put Weinstein on trial for crimes he wasn鈥檛 charged with.
Weinstein wanted to testify but opted not to because Burke鈥檚 ruling would鈥檝e meant answering questions about more than two-dozen alleged acts of misbehavior dating back four decades, Aidala said. They included fighting with his movie producer brother, flipping over a table in anger and snapping at waiters, and yelling at his assistants.
A lawyer for the Manhattan district attorney鈥檚 office, which prosecuted the case, argued that the judge鈥榮 rulings were proper and the extra evidence and testimony he allowed was important to provide jurors context about Weinstein鈥檚 behavior and the way he interacted with women.
Appellate Chief Steven Wu said Weinstein鈥檚 acquittal on the most serious charges 鈥� two counts of predatory sexual assault and a first-degree rape charge involving actor Annabella Sciorra鈥檚 allegations of a mid-1990s rape 鈥� showed jurors were paying attention and they were not confused or overwhelmed by the additional testimony.
The Associated Press does not generally identify people alleging sexual assault unless they consent to be named; Sciorra has spoken publicly about her allegations.
The Court of Appeals after an intermediate appeals court . Prior to their ruling, judges on the lower appellate court had raised doubts about Burke鈥檚 conduct during oral arguments. One observed that Burke had from additional witnesses.
Burke鈥檚 term expired at the end of 2022. He was not reappointed and is no longer a judge.
In appealing, Weinstein鈥檚 lawyers sought a new trial, but only for the criminal sexual act charge. They argued the rape charge could not be retried because it involves alleged conduct outside the statute of limitations.
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