Harvey Weinstein has asked New York’s highest court to overturn his 2020 rape conviction, arguing that the trial judge succumbed to pressure from the #MeToo movement. The disgraced movie mogul’s lawyers filed an appeal on Tuesday, seeking a dismissal of the rape charge and a new trial on a criminal sexual act count.
Weinstein, 70, was convicted in February 2020 of a criminal sex act for forcibly performing oral sex on a production assistant in 2006, and third-degree rape for an attack on an aspiring actress in 2013. He was sentenced to 23 years in prison. Last month, a Los Angeles jury also convicted him of rape and sexual assault, with sentencing scheduled for 23 February.
His legal team, led by Arthur Aidala and former judge Barry Kamins, argued that trial judge James Burke made repeated rulings favourable to prosecutors, including allowing additional accusers to testify about uncharged allegations. They also challenged Burke’s refusal to remove a juror who had written a novel about predatory older men, and his decision to let prosecutors present expert testimony on victim behaviour while rejecting similar defence experts.
Weinstein’s lawyers claimed Burke gave in to an “unrelenting deluge of publicity, vocal special interest groups and a morally outraged public”, creating a carnival atmosphere that deprived Weinstein of a fair trial. Prosecutors have until 1 March to respond. Burke is no longer on the bench.
Weinstein maintains his innocence, arguing any sexual activity was consensual. The appeal also contends that testimony from three women whose allegations did not lead to charges overwhelmed the trial with “excessive, random and highly dubious prior bad act evidence”. Aidala said he wants the court to remind trial courts that a defendant cannot be tried based on character, but only on the conduct alleged.
