They explained that the judge’s decision in favor of the prosecutor affected the outcome of the trial.
More than a year after Harvey Weinstein was convicted of rape, his lawyer called for a retrial. On Monday, he argued in court documents that the iconic #MeToo era sentence got him out of jail. Encouraged by the improper verdict of a “co-criminal” judge. Protect the fair trial rights of the former film tycoon.
In a 166-page document submitted to the State Court of Appeals, Weinstein’s lawyer repeatedly criticized Manhattan Judge James Burke, saying that he influenced the outcome of the trial with a ruling in favor of the prosecutor, including the decision to allow Other prosecutors testified that these allegations will never lead to criminal charges.
Weinstein’s lawyers also opposed Burke’s decision not to recall the juror, who wrote a novel about the elderly engaging in predatory behavior, and his decision allowed the prosecutor to discuss the victim’s behavior and myths about rape. Provide expert testimony while rejecting testimony on similar topics by experts convened by the defense.
Attorneys Barry Kamins, John Leventhal and Diana Fabi-Samson said in the document: “Mr. Weinstein has the right to a fair trial by a fair jury.”
They wrote: “The court should have done its utmost to protect this basic right of the defendant.” “On the contrary, the court assumed greater responsibility in defending this right, and the consequences for Mr. Weinstein were disastrous. .”
Weinstein, 69, was sentenced for sexual assault in February 2020 for forcing a TV production assistant to perform oral sex in 2006, and was raped three times in 2013 for sexual assault on aspiring actresses.
As a result of actress Annabella Sciorra’s rape accusation (originally scheduled to occur in the mid-1990s), he was acquitted of first-degree rape and two predatory acts, which proved Wen Stan’s lawyer shouldn’t be allowed because it’s so old
They said on Monday that Burke sentenced Weinstein to 23 years in prison and that the lawyer’s ruling was “excessive”. Lawyers said that given his invalid criminal record, his well-known career as an Oscar-winning producer and history of charitable activities, he should have a much shorter sentence.
From 2004 to 2013, Weinstein was also accused of abusing five women in Los Angeles and Beverly Hills in California. Due to the pandemic, his country’s extradition was postponed. Weinstein tested positive for the coronavirus shortly after being sent to the highest security prison at Wind Correctional Institution near Buffalo last spring.
Weinstein maintained his innocence and claimed that any sexual contact was voluntary.