Disgraced movie mogul Harvey Weinstein still faces February sentencing after being found guilty in LA r-pe trial
Harvey Weinstein's legal team filed an appeal Tuesday in New York, requesting a new trial for his 2020 r-pe conviction.
Weinstein's lawyer, Arthur Aidala, argued Weinstein didn't receive a "fair trial" due to "legally insufficient charges" and was denied an impartial jury. He alleged "Juror 11 repeatedly lied to the court about matters material to her fitness to serve."
"We will ask the Court of Appeals to remind trial courts throughout the state that a defendant cannot be tried based on his character but must be tried based on the conduct for which he has been accused," Aidala said in a statement provided to Fox News Digital.
"The trial judge disregarded basic rules of New York law and allowed into evidence acts of misconduct which prevented Mr. Weinstein from testifying in his own defense to powerfully proclaim his innocence."
Weinstein was convicted in March 2020 of forcibly performing oral s*x on a TV and film production assistant, Mimi Haley, in 2006 and raping an aspiring actress in 2013. He was sentenced to 23 years in prison. At the time, he opted out of testifying on his own behalf during his trial.
He was acquitted of first-degree r-pe and two counts of predatory s*xual assault stemming from actor Annabella Sciorra’s allegations of r-pe in the '90s. He has denied ever engaging in non-consensual s*x.
"The trial court betrayed this fundamental principle by succumbing to the pressure of an influential social movement determined to punish centuries of male misbehavior by setting an example in convicting one man, Harvey Weinstein," Aidala argued.
"As the record shows, the trial court repeatedly abandoned its duty to safeguard Weinstein’s constitutional guarantees and procedural rights, leaving him powerless to defend against an unchecked prosecutor whose strategy was to swamp the jury with prejudicial bad character evidence to distract from the fallibilities in the complainants’ stories."
He wrote that Weinstein was "stripped of the presumption of innocence and subjected to a process that bore little resemblance to the fair and impartial trial demanded by the Constitution. Put bluntly, the court of public opinion became the court in this case."
On Feb. 24., Weinstein was acquitted of first-degree r-pe and two counts of predatory s*xual assault stemming from actress Sciorra’s allegations of a mid-1990s r-pe. Weinstein maintained his innocence and contends that any s*xual activity was consensual.
New York State Supreme Court Justice James Burke determined how long the former Hollywood titan would spend in prison for his crimes in New York.
Weinstein's lawyer argued that the court allowed four women to "testify to six instances of alleged uncharged s*xual misconduct by Weinstein," leading to Weinstein being tried not only for "alleged criminal acts charged in the indictment but also for his prurient interest in women."
After his sentencing in New York, Weinstein was extradited to California in July 2021 to face s*xual assault allegations made by four women in Los Angeles and Beverly Hills between 2004 and 2013.
On Dec. 19, he was found guilty of r-pe, forced oral copulation and another s*xual misconduct count involving a woman known as Jane Doe 1.
The jury could not reach a verdict on several counts, notably charges involving Jennifer Siebel Newsom, the wife of California Gov. Gavin Newsom, according to The Associated Press. The jury reported it was unable to reach verdicts on her allegations and the allegations of another woman. A mistrial was declared on those counts. He was also acquitted of a s*xual battery allegation made by another woman.
Superior Court Judge Lisa Lench dismissed two counts of forcible r-pe and two counts of forcible oral copulation last month.
The dropped charges followed the trial's opening statements when prosecutors only mentioned four women despite Jane Doe 5 being included in the original indictment.
Siebel Newsom shared a statement with Fox News Digital at the time, saying: "Harvey Weinstein will never be able to r-pe another woman. He will spend the rest of his life behind bars where he belongs. Harvey Weinstein is a serial predator and what he did was r-pe. Throughout the trial, Weinstein’s lawyers used s*xism, misogyny and bullying tactics to intimidate, demean and ridicule us survivors. This trial was a stark reminder that we as a society have work to do. To all survivors out there — I see you, I hear you and I stand with you."
Weinstein, who also faces assault charges in London, faces up to 18 years in prison in the LA case and will be sentenced Feb. 23.
