An appeals court in California has upheld Harvey Weinstein’s 2022 conviction for rape and sexual assault but has ordered a resentencing due to the trial judge’s handling. The three-judge panel from California’s 2nd District Court of Appeal unanimously made this decision, stating that the trial judge did not infringe on Weinstein’s constitutional rights.
In response to the decision, Weinstein’s spokesperson, Juda Engelmayer, expressed disappointment and disagreement with the Court of Appeal’s ruling on the fairness of Weinstein’s trial. The panel’s decision came shortly after New York prosecutors announced that Weinstein would not face a fourth trial there, dropping the case following the accuser’s reluctance to testify again.
The California panel cited the need for resentencing because the judge had considered now-invalidated New York convictions as an aggravating factor. Weinstein, aged 74, remains convicted of another sexual felony in New York and is awaiting sentencing there in September, with prosecutors seeking a 20-year prison term.
Weinstein was convicted in December 2022 in California for rape and sexual assault against an Italian model and actor identified during the trial as Jane Doe 1. Following the trial, Jane Doe 1, revealed as Evgeniya Chernyshova, came forward and sued Weinstein in civil court, allowing her name to be disclosed.
Chernyshova testified that Weinstein assaulted her in her hotel room during the 2013 LA Italia Film Festival. Weinstein’s defense argued for a new trial, claiming that crucial evidence was excluded. However, the appeals court ruled against a retrial, stating that Weinstein had been able to present his arguments during the trial using other evidence.
The judges also highlighted that Weinstein’s lawyers violated California’s rape shield law by attempting to introduce evidence of the accuser’s sexual history. They affirmed the admissibility of testimony from accusers describing assaults Weinstein was not charged with, under state law.
Weinstein, denying the accusations, awaits his fate in California after his New York sentencing. The Los Angeles jury acquitted him of one charge and failed to reach verdicts on others. Weinstein’s team plans to seek review in the California Supreme Court, alleging legal errors in the proceedings. The Los Angeles County District Attorney’s Office has reserved comment pending a review of the decision, while Chernyshova’s attorney did not immediately respond to a request for comment.
