Harvey Weinstein appeals rape conviction and accuses judge ‘Cavalier’

NEW YORK (AP) – More than a year after Harvey Weinstein’s rape conviction, his lawyers are demanding a retrial, arguing in court documents on Monday that the historic #MeToo charge that put him behind bars was upheld by improper decisions by a judge who was a “gentleman” in protecting the right of the wretched cinema tycoon to a fair trial.

In a 166-page petition filed with a state appeals court, Weinstein’s lawyers repeatedly pointed to Manhattan judge James Burke, arguing that he influenced the outcome of the trial with repeated decisions in favor of prosecutors – including a decision allowing prosecutors additional witnesses on allegations that never led to criminal charges.

Weinstein’s lawyers also contested Burke’s refusal to remove a juror who had written a novel involving older predatory men, as well as his decision to allow prosecutors to rely on a specialist in victim behavior and rape myths, while rejecting depositions. on similar subjects by defense experts.

“Mr. Weinstein was entitled to a fair trial by an impartial jury,” lawyers Barry Kamins, John Leventhal and Diana Fabi-Samson wrote in the statement.

“The court of first instance should have exercised the utmost vigilance to protect this defendant’s most important right,” they wrote. “Instead, the court of first instance was arrogant in its obligation to safeguard that right and the consequences for Mr. Weinstein were disastrous.”

Weinstein, 69, was convicted in February 2020 for a criminal sexual act for forcibly performing oral sex on a TV and film production assistant in 2006 and rape of a third degree for an attack on an aspiring actress in 2013.

He was acquitted of first-degree rape and two counts of predatory sexual assault stemming from actor Annabella Sciorra’s allegations of rape in the mid-1990s – testimony that his lawyers said Monday was so dated that it should never have been allowed.

Burke sentenced Weinstein to 23 years in state prison, which his lawyers argued on Monday as “unduly severe and excessive”. Given his clean criminal record, renowned career as an Oscar-winning film producer, and a history of charitable giving, Weinstein’s lawyers argued that he deserved a significantly lighter sentence.

Weinstein is also accused in California of assaulting five women in Los Angeles and Beverly Hills from 2004 to 2013. His extradition was delayed because of the pandemic. Weinstein tested positive for the coronavirus shortly after arriving at the maximum-security Wende Correctional Center near Buffalo last spring.