NEW YORK (AP) — The choice by New York’s top court to reverse the rape conviction of movie mogul Harvey Weinstein has reawakened a painful time in America’s dealing with sexual misconduct by influential people — a time that started in 2017 and assisted the launching of the #MeToo movement.
Here’s what you need to understand about why Weinstein’s rape conviction was annulled and the following steps:
WHY WAS THE CONVICTION OVERTURNED?
New York’s Court of Appeals found the trial judge in the rape case unfairly influenced Weinstein with “serious” improper rulings, such as allowing women to testify about allegations that Weinstein hadn’t been charged with.
In a 4-3 vote, the court’s majority said it was an “abuse of judicial discretion” for Judge James Burke to permit testimony from these other women about “disgusting alleged bad acts and despicable behavior.”
“This is certainly appalling, disgraceful, and repulsive conduct that could only harm the defendant’s character in front of the jury,” they stated.
Weinstein’s lawyer Arthur Aidala had argued that Burke also influenced the trial by giving prosecutors permission to confront Weinstein, if he chose to testify, about his past history.
He mentioned that Weinstein wanted to testify but chose not to because he would have had to answer questions about more than two dozen alleged acts of misconduct dating back four decades, including conflicts with his movie producer brother, angrily flipping over a table, arguing with waiters and yelling at his assistants.
WILL WEINSTEIN BE RELEASED?
Weinstein, 72, will stay in prison because he was convicted in Los Angeles in 2022 of another rape and given 16 years in prison..
Weinstein has been serving time in New York, most recently at the Mohawk Correctional Facility, about 100 miles (160 kilometers) northwest of Albany.
WHAT HAPPENS NEXT?
The Manhattan district attorney’s office has indicated its intention to have a new trial for Weinstein, which means his accusers may have to tell their stories again in court.
“We will do everything in our power to retry this case, and remain committed to supporting sexual assault survivors,” the prosecutors’ statement said.
Weinstein was convicted in New York of criminal sex acts involving forced oral sex on a TV and film production assistant in 2006 and third-degree rape for an attack on an aspiring actress in 2013.
Weinstein claims he is innocent and insists any sexual activity was consensual.
