A California appeals court upheld Harvey Weinstein's 2022 rape and sexual assault conviction on Friday but ordered the trial judge to resentence him, ruling that while the conviction stands, the sentence must be reconsidered.
The unanimous decision from a three-judge panel of California's 2nd District Court of Appeal rejected Weinstein's appeal for a new trial but found that the sentencing required correction. Weinstein spokesperson Juda Engelmayer expressed disappointment, stating in an email, “We are disappointed by today’s decision and respectfully disagree with the Court of Appeal’s conclusions regarding the fairness of Mr. Weinstein’s trial. At the same time, the court correctly recognized that his sentence cannot stand.”
Background of the Case
Weinstein, 74, was convicted in December 2022 in Los Angeles County of one count of rape and two counts of sexual assault against an Italian model and actor identified during the trial as Jane Doe 1. He was sentenced to 16 years in prison. The former movie magnate's lawyers had argued that Superior Court Judge Lisa B. Lench unfairly limited the testimony of a film festival head, seeking a new trial.
The decision came one day after prosecutors in New York decided not to pursue a fourth trial against Weinstein, dropping the #MeToo-era case on Thursday because the accuser said she could not bear to testify again. Weinstein still stands convicted of another sexual felony in New York, and he remains behind bars. However, the New York rape charge had remained unresolved after an overturned conviction was followed by two hung juries.
Impact and Next Steps
The appeals court's ruling means Weinstein will be resentenced in California, though the specifics of the new sentence have not yet been determined. The court did not specify the exact error in the original sentencing but ordered the trial judge to correct it. Weinstein's legal team continues to argue for a new trial, but the court's decision affirms the conviction's validity.
The case remains a significant chapter in the #MeToo movement, highlighting the legal battles faced by high-profile figures. Weinstein's spokesperson indicated that further legal options are being considered.
