CM – Court of Appeal questions Harvey Weinstein’s conviction of rape

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An appeals court has challenged Harvey Weinstein’s rape conviction for « incredibly adverse testimony » by certain witnesses.

The five-member appeals panel of the First Division heard oral arguments on Wednesday when Weinstein’s attorneys attempted the conviction of the fallen February 2020 film mogul.

Some of the judges appeared skeptical of several decisions by lower court judge James Burke to allow testimony of Weinstein’s previous bad deeds to be brought to justice, including the additional testimony of women – whose allegations were not included in the criminal trial. Burke also gave prosecutors the green light to question Weinstein about unrelated bad deeds if he had chosen to take the stand.

Appeals judge Sallie Manzanet-Daniels described the unrecovered testimony of the other three women as « unbelievable detrimental « and expressed concern that the opportunity for testimony about Weinstein’s other bad deeds had come in.

 » Let’s kindle the hearts of the jury by telling them that he beat up his brother during a session  » said Manzanet-Daniels. “I just don’t see how there’s a balance.” Weinstein’s attorney, Barry Kamins, told the appellate judges that Burke’s verdicts allowed for a mountain of adverse evidence against his client that contributed to his decision, not his own Defense to testify.

« The jury was overwhelmed by such adverse, bad evidence, » said Kamins. “This was a test of Harvey Weinstein’s character. People portrayed him as a bad person. ”

The question of previous bad acts was one of the arguments used by Bill Cosby’s attorneys to overturn his sexual assault conviction in a Pennsylvania court. New York has its own stricter laws regarding this type of evidence.

Weinstein is serving a 23-year prison sentence on trial in Los Angeles on additional charges of sexual assault.

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