A California appeals court has upheld Harvey Weinstein’s 2022 rape and sexual assault conviction, but ordered the trial judge to resentence him. The decision came after Weinstein’s lawyers argued that the judge had wrongly prevented them from presenting certain evidence during the trial.
Background
Weinstein, 74, was convicted in December 2022 of one count of rape and two counts of sexual assault against an Italian model and actor known as Jane Doe 1. The victim, Evgeniya Chernyshova, testified that Weinstein arrived uninvited to her hotel room during the 2013 LA Italia Film Festival and assaulted her.
Weinstein’s defense argued that the trial judge had prevented them from asking about Facebook messages between Chernyshova and festival head Pascal Vicedomini that would have shown they had a sexual relationship. However, the appeals court ruled that Weinstein’s lawyers had made the arguments they wanted during the trial based on other evidence, and that there was no denial of Weinstein’s constitutional right to present a defense.
Resentencing
The appeals court ordered the trial judge to resentence Weinstein because the judge had considered New York convictions that were later thrown out as an aggravating factor. California’s attorney general agreed that resentencing was necessary.
Weinstein is currently serving time in New York for another sexual felony and will serve his California sentence only after his New York term is complete. Prosecutors in New York are seeking a 20-year prison term for Weinstein.
Original reporting: Dallas TX News (HLL/CB) — read the source article.
