Harvey Weinstein’s final bid to appeal his 2020 sex crimes conviction in New York Wednesday is a “Hail Mary-type attempt” to reverse a verdict, according to Neama Rahmani, president of West Coast Trial Lawyers.
The disgraced movie mogul was sentenced to 23 years in prison after being convicted in February 2020 of forcing oral sex on TV and film production assistant Mimi Haley in 2006 and third-degree rape of hairstylist Jessica Mann in 2013.
He was acquitted of first-degree rape and two counts of predatory sexual assault from actor Annabella Sciorra’s allegations of rape in the ’90s. He has denied ever engaging in non-consensual sex.
In January 2023, Weinstein’s lawyer, Arthur Aidala, filed an appeal for a new trial, arguing Weinstein didn’t receive a “fair trial” due to “legally insufficient charges.”
Harvey Weinstein appeals his 2020 rape conviction in New York. (Spencer Platt)
Aidala recently told the New York Post, “The trial judge allowed the #MeToo movement to get into the courtroom.”
New York State Supreme Court Justice James Burke determined how long the former Hollywood titan would spend in prison for his crimes in New York. Weinstein’s legal team has raised issues with Burke’s handling of the case and ruling on evidence and a juror who wrote a novel about predatory older men.
“Harvey is innocent and never should have been convicted or even tried for these allegations,” Weinstein’s rep, Juda Engelmayer, told Fox News Digital. “The trial failed at objectivity from the minute former Judge Burke berated Harvey, asking him if he wanted to spend the rest of his life in prison over the use of a cellphone that occurred before the judge ever entered the courtroom or began the day’s proceedings.
“Burke was rejected from the bench as a result, and the case should have been too. From the lies a juror told to private lawyers representing non-case-related complainants acting as prosecutorial surrogates, as we were often gagged, the jury was steered in a direction they never would have gone in if it were honest.”
“Weinstein’s chances of a successful appeal are slim,” Rahmani exclusively told Fox News Digital. “He’s arguing that one of the jurors was biased against him and that the judge improperly allowed ‘prior bad acts’ into evidence.
Weinstein’s legal team argued Harvey didn’t receive a fair trial. (Scott Heins)
“But trial judges have a lot of discretion when it comes to deciding whether a juror can be fair and impartial or whether previous conduct is relevant to the current charges. And #MeToo or other traditional or social media attention is not a reason to overturn a guilty verdict.
“This appeal is a desperate, Hail Mary-type attempt by a convicted rapist with a lot of money who has never been willing to accept responsibility for his actions.”
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Criminal defense lawyer Silva Megerditchian agreed there is “very little chance” a conviction will be overturned.
“This appeal is a desperate, Hail Mary-type attempt by a convicted rapist with a lot of money who has never been willing to accept responsibility for his actions.”
“The defense can only succeed in the appeal if they can show that the #MeToo movement had an actual effect on the jury — that members of the jury would not have convicted Weinstein if the effects of #MeToo publicity did not exist. This, however, is a high burden to overcome, and little to no evidence has been put forward to show any undue influence on the actual jurors.”
The disgraced movie mogul was extradited to California in 2021 to face 11 sexual assault counts made by four women in Los Angeles between 2004 and 2013. (Etienne Laurent)
Megerditchian added, “That is why jury selection is so important — to select a jury pool of men and women who will listen to the facts of the case and the evidence and not be influenced by headlines or movements. The only impact the #MeToo movement would have had is bringing the issues of sexual misconduct to the headlines, where people were more aware of issues plaguing women in entertainment.”
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After Weinstein’s sentencing in New York, he was extradited to California in July 2021 to face sexual assault allegations made by four women in Los Angeles and Beverly Hills between 2004 and 2013.
“The defense can only succeed in the appeal if they can show that the #MeToo movement had an actual effect on the jury – that members of the jury would not have convicted Weinstein if the effects of #MeToo publicity did not exist.”
In December 2022, he was found guilty of rape, forced oral copulation and another sexual misconduct count involving a woman known as Jane Doe 1. He was sentenced to 16 years in prison in February 2023. Weinstein’s legal team has vowed to appeal the conviction.
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Jurors reached the verdict after more than nine days of deliberations following a month-long trial in Los Angeles. Weinstein faced two counts of forcible rape and five counts of sexual assault involving four women.
Weinstein also faces charges in London from two alleged offenses in 1996.
