Harvey Weinstein appeals LA rape conviction weeks after New York conviction was overturned | EUROtoday

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Disgraced movie mogul Harvey Weinstein has filed to enchantment his rape and sexual assault conviction in California simply weeks after a New York court docket overturned his rape conviction in that state.

Weinstein, who has been in jail since 2022, filed his enchantment in Los Angeles on Friday, in response to court docket information seen by NBC News.

He is reportedly looking for a brand new trial.

His publicist, Juda Engelmayer, stated Weinstein’s group is assured they’ve a “solid case.”

“Harvey Weinstein was tried by a system devoted to ‘getting him’ at all costs. This appeal demonstrates nearly a dozen areas of brazen legal missteps that violated his right to a fair trial,” Mr Engelmayer advised NBC News.

The enchantment claims that Weinstein “stands wrongfully convicted for sexually assaulting Jane Doe 1.”

He was sentenced to 16 years in jail after he was convicted in that case.

Weinstein was discovered not responsible of sexual battery in opposition to Jane Doe 2, and the jury couldn’t attain a call on whether or not or not he dedicated three different alleged sexual assaults.

The former movie producer’s attorneys consider that Weinstein was not given “a fair opportunity to defend against [Jane Doe 1’s] allegations,” and additional accused the prosecution of constructing its case on “evidence it knew was false.”

“The jury was misled about JD1’s truthfulness and precluded from considering game-changing evidence that pointed to Defendant’s innocence and contradicted the prosecution’s theory of guilt,” Weinstein’s legal professionals wrote within the enchantment.

They are claiming Weinstein’s Sixth Amendment proper to current a protection was violated when he was not allowed to current proof that allegedly might have helped his case.

During the preliminary trial, Jane Doe 1 alleged that Weinstein confirmed up uninvited to her Los Angeles resort room and “raped her for over an hour” in 2013.

Her attorneys argued that the one one who knew the place she was staying was the host of an Italian movie pageant Jane Doe 1 was attending within the metropolis.

Weinstein’s enchantment accuses the prosecution of pushing a “false” concept that the occasion host enticed Weinstein to attend the pageant by providing up the sufferer as “sexual bait.”

The attorneys declare the prosecution didn’t disclose throughout the trial that the sufferer and the host of the movie pageant have been in a romantic relationship on the time of the occasion. They argue that may make it unlikely that the host would have supplied up the sufferer to Weinstein whereas the 2 have been “in the throes of their own torrid affair.”

Weinstein’s lawyers say without the event host’s involvement, the prosecution never provided a clear explanation for how Weinstein found the victim’s hotel room.

The defense team also complained that it had not been allowed to cross-examine Jane Doe 1 regarding her financial situation, including that she was allegedly facing eviction threats. The appeal claims that the jury was given “one other misunderstanding” of Jane Doe 1, “particularly that she had no monetary curiosity within the consequence of the case.”

The enchantment claims that “three of the jurors who sat on the Defendant’s trial immediately regretted signing a guilty verdict upon learning that they were denied critical evidence showing that” Jane Doe 1 and the film festival host “had an ongoing romantic relationship and had lied to them.” It additional claims that if the jurors had entry to the proof, it “would have changed their calculus of whether any rape occurred.”

“Gutting the Defendant’s defense, as the trial court did, deprived Defendant of his constitutional rights to present a defense and led to a miscarriage of justice,” the enchantment says.

The attorneys are additionally arguing that impartiality was not possible, noting that the jurors had been advised that Weinstein had been convicted in New York and claiming the prosecution had been allowed to current proof associated to Weinstein’s unrelated intercourse offense costs to the jury.

“The introduction of this excessive, cumulative, and remote evidence of prior ‘sexual assaults’ simply signaled to the jury that the Defendant was a bad man who should be convicted of something irrespective of whether the prosecution proved its case,” the attorneys wrote.

The flurry of objections raised by Weinstein’s legal professionals comes simply weeks after his New York conviction — which might have despatched him to jail for 23 years — was overturned by an appeals court docket.

Weinstein could face a brand new trial in New York consequently. District Attorney Alvin Bragg stated he could be focused on main Weinstein’s retrial, however no date has been set right now.