The New York State Court of Appeals has allowed Harvey Weinstein the opportunity to appeal, opening the door for oral arguments to be heard next year and the possibility of his 2020 sentence being reversed.
The 70-year-old was convicted guilty of rape in 2020 and given a 23-year prison term.
Harvey Weinstein, the disgraced film mogul, has come out from behind bars to refute the assertion made by his youngest victim that he sexually attacked her when she was just 16 years old.
He argued that his relationships with the women were mutual, and he has now been given permission to appeal his conviction due to allegations that witnesses were given the opportunity to speak about alleged abuse that was not related to the accusations against Weinstein.
In addition, according to Weinstein’s legal team, one juror failed to mention that they had previously published a book on sexual predators, which should have disqualified them from serving.
Following the New York State of Appeals Chief Judge Janet DiFiore’s decision on Wednesday, the whole court will hear oral arguments in 2019. This was confirmed by a court source to NBC News.
In the event of a retrial, Weinstein may be released on bond until the outcome of the court’s decision on his conviction.
Harvey’s lawyer, Arthur Aidala, told Page Six that he “lives to fight another day.”
Weinstein continued in a later statement sent by his counsel: “I am innocent of these claims, and I am very appreciative to my attorneys for working hard and wisely on this.” I’ll eventually be able to establish my innocence thanks to their diligence.
“I welcome this chance to have my case considered by the New York Court of Appeals.”
While waiting for his trial on 11 charges of rape and sexual assault, Weinstein has spent the most of the previous two years in an upstate New York prison. He is presently being held in a Los Angeles jail.
The verdict, according to Aidala, “acknowledged the particular legal challenges in this case,” and they were thankful for it.
We are hoping that the full court will decide that Mr. Weinstein did not get a fair trial and overturn his conviction, he said.
Weinstein’s appeal was denied in June by the Appellate Division, First Department court.
The five-judge bench determined that trial judge Jim Burke’s decisions were proper and did not call for Weinstein’s conviction to be overturned.
The defense claims that Judge Burke improperly permitted testimony from multiple witnesses regarding events for which Weinstein was never held accountable.
Another problem, according to Aidala, is that “one juror lied about having published a book on sexual predators during jury selection.”
According to him, the question is not whether Weinstein is innocent or guilty but rather whether or not he had a fair trial.
Whether the trial judge obeyed the law is the key question.
We anticipate hearing back in 2023’s late spring or early summer.
Weinstein, who is now incarcerated at the Twin Towers Correctional Facility in Los Angeles, was reportedly pleased to learn of the verdict, according to Aidala.
He was in a relieved mood and expressed great optimism that the judges would find that he was not given a fair trial.
He has always maintained his innocence, just as he does now.