Harvey Weinstein's lawyers have filed an appeal arguing that he did not receive a fair trial when he was convicted of rape and sexual assault in Los Angeles in 2022 and sentenced to 16 years in prison. This appeal comes after his previous conviction and 23-year prison sentence in New York were overturned by the state's highest court.
The appeal in California claims that the trial judge improperly excluded evidence showing that the victim had a sexual relationship with a film festival director at the time of the alleged attack. Weinstein's lawyers argue that this deprived him of his constitutional rights to present a defense and led to a miscarriage of justice.
The defense also contends that the jury was unfairly prejudiced by testimony about alleged assaults that Weinstein was not charged with, similar to what led to his overturned conviction in New York. They argue that this evidence portrayed Weinstein as a 'bad man' and influenced the jury's decision.
During the California trial, Weinstein was charged with sexually assaulting four women but was convicted of an attack on one woman, who testified that Weinstein appeared uninvited at her hotel room during a film festival in 2013. The defense claims that the judge erred in preventing them from presenting Facebook messages showing the victim's relationship with the festival's founder.
Weinstein's attorneys have hired appellate lawyers, including one who successfully appealed Bill Cosby's sexual assault case. The victim, who previously went by Jane Doe 1, has since come forward publicly. Her attorney expressed confidence that Weinstein's appeal will be denied.
The defense brief also mentions that three jurors regretted their guilty verdict and believed that evidence of the victim's relationship would have impacted their decision. Additionally, they argue that a lawsuit filed by the victim after the trial raises questions about her financial motives.
Weinstein's defense team filed a notice of appeal in April 2023 and requested multiple extensions before submitting the recent brief. The prosecution has until August 6 to file its response.
