The New York Court of Appeals annulled this Thursday (25) the conviction against film producer Harvey Weinstein alleging errors in the 2020 judicial process, in which he was sentenced by a Manhattan court to a sentence of 23 years in prison. , which was marked by the birth of the #MeToo movement.
The court’s decision, against which there is no appeal, was endorsed by a minimum majority of 4 to 3, and is based on the fact that the judge had improperly called to testify as witnesses several women who claimed to have been victims of the producer, when the accusations they presented were not part of the facts judged.
“The solution to these enormous errors is a new trial,” states the decision, which includes the divergent opinions of the three judges who voted against in two attached documents.
Weinstein, 72, is serving two prison sentences in a prison in Mohawk, New York: a 23-year sentence imposed by a Manhattan court and a 16-year sentence imposed by a California court, in both cases for crimes related to sexual abuse.
For this reason, the annulment of this Thursday does not mean, in principle, that Weinstein will be released from prison, but rather his likely transfer to a California prison, where he will continue to serve his 16-year sentence, as the second trial has been held. in that state.
Weinstein’s legal team celebrated the annulment announced by the Court of Appeals.
“Today’s court decision is a great day for the United States (…) We knew that he (Weinstein) had not had a fair trial. It’s also a victory for all criminal defendants in the state of New York,” said Arthur Aidala, Weinstein’s attorney, at a news conference Thursday outside the courthouse.
Aidala called Jenny Rivera, a court judge who said that “the remedy” to resolve the case was a new trial, a “true heroine for women” because, according to him, “you cannot convict someone based on history of your entire life.”
Weinstein “has been dying to tell his story since day one (…) He wants to go to trial again and this time testify,” he added.
In turn, Jennifer Bonjean, also Weinstein’s lawyer, revealed this Thursday that the producer plans to appeal his conviction in California on May 20, with the conviction that “this illegitimate evidence that tainted the trial”, as he said, will play a role. in your favor in the local court.
The New York trial, now overturned, paved the way for an American, and soon global, movement called #MeToo that consisted of public testimonies from women who claimed to have been victims of sexual abuse in the entertainment world and in workplaces in general.
The Manhattan District Attorney’s office has already expressed its disagreement and, in a statement from its spokeswoman, Emily Tuttle, said: “We will do everything in our power to retry the case and remain steadfast in our commitment to the survivors of sexual assault.”