Harvey Weinstein was in a “stranglehold” through his demo simply because prosecutors have been permitted to go over a number of accusations that experienced practically nothing to do with the rates, a attorney for the disgraced producer claimed on Wednesday in Manhattan appeals courtroom. “The jury was overcome by this kind of prejudicial, lousy proof. This was a trial of Harvey Weinstein’s character — that people had been producing him out to be a undesirable particular person,” Barry Kamins advised a 5-judge panel of the Appellate Division, 1st Judicial Department. “Even if the [prosecution] had properly discovered a proper basis for admission of prior functions — which it did not — [the] probative price was clearly outweighed by its prejudicial impact.”
“He was in a authorized vise in this circumstance,” Kamins said.
Weinstein was convicted of criminal sexual act in the 1st diploma and rape in the third degree on February 24, 2020, after a almost seven-7 days trial. He was located guilty of sexually assaulting two women of all ages: Jessica Mann and Mimi Haleyi. Mann, who once aspired to be an actress, reported through her testimony that Weinstein raped her at a Midtown East resort in early 2013. Haleyi testified that Weinstein made use of power to perform oral sexual intercourse on her in the summer months of 2006 at his Soho condominium.
Weinstein, now 69, was discovered not guilty of a single first-diploma-rape rely and two predatory-sexual-assault counts. On March 11, 2020, Justice James Burke sentenced Weinstein to 23 decades in prison. Weinstein’s lawyers filed their attraction on April 5, 2021, battling the two his conviction and sentence. Their argument, each in the appeals paperwork and today’s proceedings, are largely centered on promises that Burke was incorrect to enable prosecutors to introduce so significantly proof about Weinstein’s alleged prior bad acts. These uncharged allegations of sexual misconduct integrated testimony from Dawn Dunning, Tarale Wulff, and Lauren Youthful.
“As a end result, Mr. Weinstein was attempted not only for alleged criminal functions billed in the indictment, but also for his alleged propensity to behave in strategies that evinced licentiousness in his associations with women,” Weinstein’s legal professionals wrote in their nearly 190-web page attraction. Valerie Figueredo, an appeals attorney with the Manhattan District Attorney’s Office environment, argued that testimony from Young, Dunning, and Wulff was “directly probative of [Weinstein’s] condition of intellect.”
“It indicated his understanding that the girls had been not consenting to sexual acts simply just since they had agreed to be by itself with him, simply since they experienced appear to him for expert guidance,” she stated. Judges on the panel continuously pressed Figueredo to reveal how bringing in so numerous uncharged bad functions didn’t tilt the scales towards Weinstein. “Here come a few other females who claim I did the very same issue to them, but I’m not becoming billed with that — which is prejudicial,” a person judge remarked. “You know what? There are trials each day in which we have defendants who have a rap sheet a mile extensive — a mile lengthy they’ll have 20 felony convictions on their rap sheet — and I’ve noticed no judge say, ‘Go in advance go to city on all of them,’” another decide commented, seemingly expressing skepticism more than how considerably Burke allowed. “They commonly just let a person or two in.”
Weinstein’s legal professionals have also claimed that Burke erred in permitting a female sit on the jury who had composed a novel that concerned predatory older gentlemen. They contended in appeals papers that Weinstein was “denied his constitutional right to be tried out by an impartial jury” as a consequence of this juror.
“Juror No. 11’s fixation with matters of consent and predatory older gentlemen, and her deficiency of candor about it, raises troubling concerns about no matter if she prejudged Mr. Weinstein’s guilt and whether she had a individual agenda to see him convicted,” they argued in appeals papers. They claimed her presence “single-handedly obliterated” the judicial procedure. “When this choose refused to discharge this juror, it was a reversible error,” Kamins mentioned during today’s proceedings.
Weinstein is at present jailed in Los Angeles, exactly where he is going through sexual-assault rates.