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Harvey Weinstein's rape conviction overturned as monster could face re-trial

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A NEW York court has overturned a 2020 decision that found disgraced Hollywood producer Harvey Weinstein guilty of rape in a shocking reversal.

Weinstein, 72, was at the center of a media firestorm after numerous women accused him of sexual assault, kicking off the #MeToo era.

A New York court has overturned the 2020 decision that found Harvey Weinstein, 72, guilty of rape in a stunning reversal qhiquziqkxiurprw
A New York court has overturned the 2020 decision that found Harvey Weinstein, 72, guilty of rape in a stunning reversalCredit: Getty
Weinstein is seen outside the New York court where prosecutors called witnesses who had nothing to do with the charges filed against him, judges decided Thursday
Weinstein is seen outside the New York court where prosecutors called witnesses who had nothing to do with the charges filed against him, judges decided ThursdayCredit: AP
Manhattan district attorney Alvin L. Bragg, who is working the trial against former President Donald Trump, will decide whether to seek retrial
Manhattan district attorney Alvin L. Bragg, who is working the trial against former President Donald Trump, will decide whether to seek retrialCredit: Reuters

On Thursday, the New York Court of Appeals ruled Weinstein didn't receive a fair trial in a stunning 4-3 decision.

The majority said the judgment had to be thrown out because prosecutors called multiple women as witnesses who fired off accusations at Weinstein that had nothing to do with his charges.

The testimonies "destroyed" Weinstein's past character, and the "egregious" improper rulings were "an abuse of judicial discretion," the judges said.

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The bombshell decision has sparked concern over whether more high-profile sexual assault cases will be appealed - especially after actor Bill Cosby saw a similar #MeToo era reversal in 2021.

Defiant New York Judge Madeline Singas slammed Thursday's decision and said there was a "disturbing trend of overturning juries' guilty verdicts in cases involving sexual violence."

Despite the jaw-dropping overturning, Weinstein, who has been serving the now-defunct 23-year sentence in a New York prison, will remain behind bars.

This is because a Los Angeles court convicted him of barging into a Beverly Hills hotel room and raping an Italian model in 2022, and sentenced him to 16 years of prison.

It's unclear whether Manhattan district attorney Alvin L. Bragg, who is working the historic trial against former President Donald Trump, will decide to seek a retrial of Weinstein.

However, a spokesperson for his office they will "do everything in our power" to bring him back to court.

Meanwhile, Weinstein's representatives said they were "thrilled" by the decision and are looking to repeat the process in Los Angeles, Inside Edition Digital reported.

His lawyer Jennifer Bonjean said Weinstein will appeal the California conviction on May 20 and that jurors were "overwhelmed with this bad character that was not legitimate."

"That tainted the whole trial in California from our perspective," she told Agence France-Presse.

DISTURBING ALLEGATIONS

More than 100 women have accused Weinstein of sexual misconduct since a bombshell report put him at the center of controversy and vitriol.

I want my girlfriend to try dirty talk but she won't do itI want my girlfriend to try dirty talk but she won't do it

The New York Times broke the first story in October 2017 which detailed decades of sick abuse allegedly suffered by budding actresses like Rose McGowan and Ashley Judd.

Women claimed Weinstein took advantage of young hopefuls with promises of success before sexually abusing them in a twisted scheme.

Days after the Times story was published, Weinstein was fired from his own production company, and more women came forward with harrowing tales of alleged abuse.

His case opened up a sea of firings in the entertainment industry after allegations against media executives and personalities spilled out.

The mass dismissals and cancellations sometimes sparked criticism as onlookers wondered whether the accusations were being properly investigated.

SHOCK TRIAL

Weinstein was first arrested in May 2018 in New York after he was indicted for the alleged assault of actress Jessica Mann in 2013.

During the trial, Mann, who was in a five-year relationship with Weinstein, gave a raw testimony where she detailed each assault she allegedly suffered at his hands.

She depicted Weinstein as a monster with "deformed" genitals that made him look "intersex," and said he had a blackhead-covered back, and extreme scarring which made his skin feel rough.

She added in the sensational trial that Weinstein had a body odor that made him "smell like poop."

However, she also admitted the two had some consensual sex, which can make rape harder to prove.

"Rape is not just one moment of penetration," she told the court at the time.

"It is forever."

On February 24, 2020, the jury consisting of seven women and six men found Weinstein guilty of third-degree rape and criminal sexual assault.

Though he was acquitted of the two most serious charges - first-degree rape and predatory sexual assault.

Weinstein's attorney Arthur Aidala is seen giving a statement at a hearing before Thursday's decision
Weinstein's attorney Arthur Aidala is seen giving a statement at a hearing before Thursday's decisionCredit: New York State Court of Appeals
Weinstein is seen at a correctional facility in Buffalo in 2021 where he is serving out his sentence
Weinstein is seen at a correctional facility in Buffalo in 2021 where he is serving out his sentenceCredit: AP

ACCUSERS SPEAK OUT

Weinstein's accusers have voiced their shock and frustration at Thursday's decision.

One of the devastated women was actress Katherin Kendall, who previously accused Weinstein of sexual misconduct in 2017.

Katherine Kendall claimed at the time that Weinstein invited her to his apartment after they attended a screening together in 1993.

Weinstein allegedly asked her to come inside so he could grab something, only to go into his bathroom and walk out completely naked, according to the actress.

Kendall said escaping the alleged horror situation was like a sick game of "cat and mouse."

On Thursday, the actress said the decision was a "terrible reminder that victims of sexual assault just don't get justice."

"I'm completely let down by the justice system right now. I'm sort of flabbergasted," she told reporters.

Judd, the first actress to come forward with allegations against Weinstein, also shared her reaction to the news.

"That is unfair to survivors," she told the Times.

"We still live in our truth. And we know what happened."

Weinstein had pleaded not guilty and maintained his innocence throughout his trials.

He also denies ever having nonconsensual sex.

The Hollywood executive is still fighting allegations, as English-born actress Julia Ormond filed a lawsuit in October 2023 claiming Weinstein sexually assaulted her in December 1995.

With the Los Angeles court decision, Weinstein will likely serve the rest of his life in prison.

Forrest McFarland

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