New York Appeals Court Unanimously Upholds Harvey Weinstein Rape, Assault Conviction

Several years after the former mogul was tried, convicted and jailed for rape and sexual assault, a new York Appeals court today upheld the verdict, rejecting Harvey Weinstein’s defense arguments that the proceedings favored the prosecution.

A five-judge panel did not find any errors by the judge, Justice James M. Burke, that would warrant overturning the conviction, which carried a 23 year sentence. Weinstein’s lawyers had objected  to the Burke’s allowing prosecutors to call three so-called Molineux witnesses to testify to “prior bad acts” by the former Miramax and Weinstein Company chief. According to the appeals panel, “all of the material allowed by the court was unquestionably relevant.”

The unanimous decision is something of a surprise as the judges had appeared to be somewhat sympathetic to the arguments of Weinstein’s legal team when the case was being heard.

“We are reviewing all of our options and will seek to petition the court appeals and beyond. We are disappointed, but not surprised,” said a spokesman for Weinstein.

Read the decision here. We “affirm the conviction in all respects,” it said, “of criminal sexual act in the first degree and rape in the third degree and sentencing him to consecutive terms of 20 years and 3 years, respectively.”

Weinstein was convicted in Feb. of 2020. He’s awaiting another trial in Los Angeles on additional sex crime charges, house at LA’s Twin Towers Correctional Facility.

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