Harvey Weinstein 2020 rape conviction overturned by New York appeals court

Disgraced former movie mogul Harvey Weinstein’s health has taken a turn after his overturned rape conviction.

Disgraced former movie mogul Harvey Weinstein has been taken to hospital after being moved to a New York jail.

It comes days after his 2020 conviction for rape was overturned, with a New York court ordering a new trial in a shock reversal of the landmark #MeToo case.

Arthur Aidala, Weinstein’s lawyer, said his client was moved to Bellevue Hospital in Manhattan for tests.

New York's highest court on April 25, 2024, overturned Hollywood producer Harvey Weinstein's 2020 conviction on sex crime charges and ordered a new trial. Picture: AFP

“They examined him and sent him to Bellevue. It seems like he needs a lot of help, physically. He’s got a lot of problems. He’s getting all kinds of tests. He’s somewhat of a train wreck health-wise,” Mr Aidala said.

Mr Aidala said Weinstein is still “sharp as a tack” mentally, and his health problems are physical.

The fallen movie producer has had cardiac issues, diabetes, sleep apnea and eye problems for some time.

According to NBC News Weinstein is back in the notorious Rikers Island jail and will appear before a judge this coming week.

‘GUT PUNCH FOR SURVIVORS’

Hollywood stars reacted with shock after New York’s highest court overturned disgraced Hollywood producer Harvey Weinstein’s 2020 conviction on sex crime charges.

Ashley Judd, the first actress to come forward with claims against Weinstein, told BBC News it is a “hard day for survivors”.

Judd added: “Oftentimes survivors say that the betrayal and the moral injury we suffer within the system is worse than the sexual body invasion we experienced in the first place.”

She also praised the bravery of women who had come forward in the New York case against Weinstein.

“We know what happened and the truth is consistent,” she said.

In a statement, Filipino-Italian model Ambra Battilana Gutierrez — who accused Weinstein of sexual harassment during a 2015 business meeting in his Manhattan office — said the decision was “a gut punch for survivors”.

She added: “The decision by the Court of Appeals is an indictment of the criminal legal system”.

Ashley Judd says the decision is “unfair”. Picture: AFP / Getty Images

Ambra Battilana Gutierrez. Picture: Mega Agency

Mira Sorvino, who has previously accused Weinstein of sexual harassment, tweeted that she was “horrified” by the decision.

“Disgusted w/justice system skew twds predators not victims,” she said.

Katherine Kendall — who accused Weinstein of exposing himself and chasing her in 1993 during a business meeting, said she continues “to stand proudly with the #MeToo movement, regardless of this or any other court ruling.”

“As we all know, victims of sexual assault who go up against powerful men rarely receive justice through our justice system,” Kendall said in a statement to USA TODAY.
“This needs to change; victims need to continue breaking the silence, and our culture needs to continue believing and supporting them.
“No matter where Harvey Weinstein goes, his name will be synonymous with sexual predators everywhere,” she continued.
“He will live in a prison of his own making until the day he dies.”

Law & Order: SVU actress Mariska Hargitay, a rape survivor, write on Instagram: “The reversal of Harvey Weinstein’s conviction comes as a painful and infuriating affront to survivors and advocates everywhere.”

Mira Sorvino tweeted she was “horrified”. Picture: Getty Images for The Weinstein Company

Mariska Hargitay’s thoughts were with the victims. Picture: NBC

In its 4-3 decision, the Court of Appeals found the trial judge had erred in admitting the testimony of additional women who were allegedly abused by Weinstein but who were not named in the charges brought against him, and ordered a new trial.

The ruling does not affect a separate 16-year rape sentence handed down in California — meaning the once-untouchable Hollywood heavyweight will remain behind bars.

“The accused has a right to be held to account only for the crime charged and, thus, allegations of prior bad acts may not be admitted against them for the sole purpose of establishing their propensity for criminality,” Judge Jenny Rivera wrote in an opinion for the majority.

Bombshell allegations broke against the Academy Award winning producer in 2017, launching the #MeToo movement that paved the way for women to fight back against sexual violence in the workplace.

Weinstein, 72, had been convicted in a New York court in 2020 of the rape and sexual assault of ex-actress Jessica Mann in 2013, and of forcibly performing oral sex on former production assistant Mimi Haleyi in 2006. He was later sentenced to 23 years in prison.

He found out Thursday’s news while in prison, his lawyer said, after being handed a slip of paper that “just said ‘Harvey Weinstein conviction reversed.’”

“He called me actually three times,” Arthur Aidala, head of Weinstein’s legal team, told reporters.

“He said thank you more times than I can count.”

“We knew that Harvey Weinstein did not get a fair trial,” Aidala added.

Hollywood producer Harvey Weinstein's lawyer, Arthur Aidala, speaks to the press after the decision. Picture: AFP

The Silence Breakers, a group of women who banded together to report Weinstein’s misconduct, called the decision “disheartening,” adding “this ruling does not diminish the validity of our experiences or our truth.” Manhattan prosecutors said they plan to retry the case.

Weinstein was also convicted by a Los Angeles court — and sentenced to an additional 16 years in prison — for the rape of a woman in a Beverly Hills hotel room.

With the New York conviction overturned, he is set to be transferred to a California prison, though it was not immediately clear which one or when.

“The legal system has never served survivors in this country,” #MeToo founder Tarana Burke told reporters.

In their decision, judges cited errors in the way the trial had been conducted, including admitting the testimony of women who were not part of the charges against him. “Order reversed and a new trial ordered,” the judges wrote. Picture: AFP

“Because these brave women in this case broke their silence, millions and millions and millions of others found the strength to come forward,” she added.

“That will always be the victory.” Following his conviction in New York, a civil trial awarded US$17 million to dozens of other women who had accused the former movie magnate of abuse.

“With today’s decision, this Court continues to thwart the steady gains survivors of sexual violence have fought for in our criminal justice system,” Judge Madeline Singas, who dissented against the ruling, said.

“Forgotten are the women who bear the psychological trauma of sexual violence and the scars of testifying again, and again.”

The decision rested on the fact the trial judge allowed prosecutors to rely on so-called “Molineux witnesses,” who were allowed to testify despite not being part of the charges — an exception to the normal rules surrounding evidence.

Lawyer Douglas Wigdor, who represented two such witnesses, said: “The jury was instructed on the relevance of this testimony, and overturning the verdict is tragic in that it will require the victims to endure yet another trial.” Weinstein and his brother Bob co-founded Miramax Films, a distribution company named after their mother Miriam and father Max, in 1979. It was sold to Disney in 1993.

Their hits included 1998’s Shakespeare in Love, for which Weinstein shared a best picture Oscar. Over the years, Weinstein’s films received more than 300 Oscar nominations and 81 statuettes.

- with AFP