A California appeals court on Friday upheld Harvey Weinstein's 2022 rape and sexual assault conviction in Los Angeles, but ordered his trial judge to resentence him, a split decision that leaves the former movie magnate still fighting legal battles on multiple fronts.
Background
Weinstein, now 74, was convicted in December 2022 following a trial in Los Angeles County Superior Court. He was found guilty of one count of rape and two counts of sexual assault against an Italian model and actor known during the proceedings as Jane Doe 1. The conviction stemmed from allegations that Weinstein arrived uninvited at her hotel room during the 2013 LA Italia Film Festival and assaulted her.
The victim later came forward publicly under her name, Evgeniya Chernyshova, when she filed a civil suit against Weinstein. She testified at his criminal trial that he had sexually assaulted her at the hotel.
Weinstein's defense team argued throughout the appeals process that their ability to present a full defense was compromised by limitations placed on key testimony during the trial.
The Charges
A three-judge panel from California's 2nd District Court of Appeal issued its unanimous decision Friday, upholding the conviction while finding problems with how Weinstein was sentenced. Superior Court Judge Lisa B. Lench presided over the original trial.
During the trial, Weinstein's lawyers sought to present evidence that would have shown a sexual relationship between Chernyshova and Pascal Vicedomini, head of the LA Italia Film Festival. The defense argued this information was relevant because it could have undermined her credibility regarding her account of the alleged assault and whether she was even in her hotel room on the night in question.
"The lower court all but gutted Mr. Weinstein's defense," attorney Jennifer Bonjean told appeals judges during April 23 oral arguments, arguing that restricting this testimony unfairly prejudiced the defense.
Deputy District Attorney David Glassman represented the state and argued any affair was irrelevant to the contested issues at trial.
Weinstein received a 16-year prison sentence in California. The Los Angeles jury acquitted him of sexual battery involving a massage therapist and failed to reach verdicts on counts related to two other women.
In New York, Weinstein remains convicted of another sexual assault involving a different woman. He is awaiting sentencing in September on that conviction, with prosecutors seeking a 20-year term. Any California sentence would be served after the New York term concludes.
"We are disappointed by today's decision and respectfully disagree with the Court of Appeal's conclusions regarding the fairness of Mr. Weinstein's trial," said spokesperson Juda Engelmayer in an email. "At the same time, the court correctly recognized that his sentence cannot stand."
Key Takeaways
- California 2nd District Court of Appeal unanimously upheld Weinstein's 2022 rape conviction but ordered resentencing
- Weinstein was convicted of one count of rape and two counts of sexual assault against Evgeniya Chernyshova in Los Angeles
- Defense claimed trial judge unfairly limited testimony about the victim's relationship with a film festival head
- The former studio chief received a 16-year sentence that must now be reconsidered by the trial court
- Weinstein remains convicted in New York and is awaiting September sentencing on a separate assault conviction
What's Next
Weinstein's legal team announced plans to seek review from the California Supreme Court, with Engelmayer stating they "continue to believe significant legal errors affected the proceedings and warrant further review."
The resentencing proceedings will take place before Judge Lench in Los Angeles County Superior Court. Meanwhile, Weinstein is scheduled for sentencing in New York in September on his remaining conviction there.
Prosecutors in New York announced Thursday they would not pursue a fourth trial against Weinstein involving that jurisdiction's overturned rape charge, which had resulted in two hung juries following the reversal of an earlier conviction.