Jason L. Russo, Esq.
Jason L. Russo, a former New York prosecutor with 25 years of experience in criminal law, is a partner at Gaitman & Russo, LLP, a boutique law firm practicing Federal and State criminal defense, criminal appeals, and post-conviction relief. He can be reached directly at 877-707-5659 or at https://www.notguiltyli.com/contact-us/
Albany, NY – April 25, 2024
The New York Court of Appeals, the highest court in the State of New York, overturned Harvey Weinstein ’s 2020 rape conviction, finding the judge at the landmark #MeToo trial prejudiced the ex-movie mogul with “egregious” improper rulings, including a decision to let women testify about allegations that were not charged or otherwise part of the case.
You can read the opinion HERE:
People v. Harvey Weinstein, No. 24
“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,” the court’s 4-3 decision said. “The remedy for these egregious errors is a new trial.”
The majority opinion said “it is an abuse of judicial discretion to permit untested allegations of nothing more than bad behavior that destroys a defendant’s character but sheds no light on their credibility as related to the criminal charges lodged against them.”
Weinstein, who is 72 years old, had been serving a 23-year sentence in a New York prison after being found guilty of forcibly performing oral sex on a production assistant in 2006 and raping an aspiring actress in 2013. Despite the conviction reversal, he will remain in prison due to a separate conviction in Los Angeles in 2022, where he was sentenced to 16 years for another rape.
This development marks a significant setback for the #MeToo movement, coming just two years after the U.S. Supreme Court declined to review a Pennsylvania court’s decision to overturn Bill Cosby’s sexual assault conviction.
Weinstein’s case had been a focal point for activists and advocates, celebrated as a milestone in holding powerful figures accountable for their actions. However, the decision to overturn the conviction underscores the complexities and challenges in prosecuting such cases.
Allegations against Weinstein, once a prominent figure in Hollywood, were instrumental in sparking the #MeToo movement, with numerous women, including well-known actresses like Ashley Judd and Uma Thurman, coming forward to accuse him of sexual misconduct. His trial in New York garnered widespread attention, with protestors gathering outside the courthouse.
Weinstein continues to assert his innocence, maintaining that any sexual encounters were consensual. He is currently incarcerated at the Mohawk Correctional Facility in New York.
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