New York’s highest court is set to hear arguments Wednesday regarding Harvey Weinstein’s appeal to overturn his 2020 conviction on rape charges, nearly four years after his conviction and imprisonment.
Weinstein’s legal team is urging the state’s Court of Appeals in Albany to dismiss the verdict, alleging that the trial judge, James Burke, compromised Weinstein’s right to a fair trial by yielding to societal pressure amidst the #MeToo movement’s heightened awareness of sexual misconduct by powerful individuals.
The defense contends that Judge Burke permitted testimony from three women whose allegations were not directly related to the case and allowed prosecutors to question Weinstein about unrelated misconduct, even though he chose not to testify.
“We’re asserting that there should be uniformity in legal standards, regardless of an individual’s public perception,” stated Arthur Aidala, Weinstein’s attorney, arguing against what he terms as the creation of a special set of rules, dubbed “the Weinstein rule,” that targets vilified individuals.
Weinstein, now 71, was convicted on February 24, 2020, of forcibly performing oral sex on a TV and film production assistant in 2006 and raping an aspiring actress in 2013. He received a 23-year prison sentence and is currently incarcerated at the Mohawk Correctional Facility, located approximately 100 miles northwest of Albany.
The trial resulted in Weinstein’s acquittal on first-degree rape and two counts of predatory sexual assault related to allegations by actor Annabella Sciorra of a mid-1990s rape. The Associated Press typically refrains from identifying individuals alleging sexual assault unless they consent to being named; Sciorra has publicly addressed her allegations.
