Lawyers for Harvey Weinstein seek legal reversal of his 2022 Los Angeles sexual assault judgment.
Weinstein was found guilty of assaulting Jane Doe 1, one of the four women who testified in court, on charges of rape, sexual penetration by a foreign object, and forcible oral copulation. Currently, his legal team is trying for a retrial in California's Second District Court of Appeal.
According to papers submitted, Weinstein didn't have a fair trial as evidence regarding Jane Doe 1's whereabouts on the day of the alleged crime was excluded. Also, the lack of information about her romantic affair was never disclosed by the prosecution. Additionally, unproven claims of Weinstein's criminal assaults were also included in the trial.
The documents state: "Defendant’s trial was a free-for-all where the prosecution offered evidence of a dozen uncharged sex crimes and other ‘offenses’ related to the ‘mistreatment’ of women. But the jury was misguided about what they could do with the highly prejudicial information. The jury was sent to deliberate with a match and barrel of explosive evidence."
Dave Ring, attorney for Jane Doe 1, responded by stating: "Weinstein's appeal makes the same repetitive claims he failed to convince the trial court multiple times. We are of the belief that the trial court diligently handled the evidence, making the right decisions throughout the proceedings. We are certain that Weinstein's appeal will be declined and result in several years in prison."
In the Los Angeles court trial, prosecutors cited Weinstein as a Hollywood powerhouse who exploited his position to lure women into private meetings, assault them, and silence anyone who accused him.
Our news team contacted the Los Angeles County District Attorney's office for comment on the appeal, but haven't received a response yet.
The appeal follows Weinstein's 2020 New York rape conviction being overturned in April by the New York Appeals court. The decision stated the testimony of "prior bad acts" witnesses should have been disallowed because it "was unnecessary for establishing defendant's intent and served only to establish defendant's propensity for committing the crimes charged."
This ruling left sexual assault survivors and the over 100 women who claimed Weinstein assaulted and harassed them in shock.
A retrial has been scheduled for Weinstein in Manhattan after the appeal was overturned. More accusers have surfaced since then, bringing new claims against the Hollywood producer.
"We will do everything in our power to retry this case and are continuing to support survivors of sexual assault," commented Emily Tuttle, spokesperson for the Manhattan District Attorney's Office.
Weinstein's lawyers in the Los Angeles case argued that prosecutors approached jurors with his New York conviction, violating his right to a fair and impartial trial. They insisted: "Defendant is entitled to a new trial where his constitutional rights are safeguarded, where he is allowed to present evidence of his innocence, and where his actions are on trial - not his character."
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In their appeal, Weinstein's lawyers argue that the inclusion of his New York conviction during the Los Angeles trial violated his right to a fair and impartial trial, affecting us as potential jurors in the future.Despite Weinstein's legal team seeking a reversal of the judgment, Jane Doe 1's attorney, Dave Ring, remains confident that the trial court's decisions will be upheld, ensuring justice for us, the victims.
