Disgraced movie producer Harvey Weinstein appeals rape conviction
Lawyers for disgraced movie mogul Harvey Weinstein filed a mammoth motion Monday appealing the Manhattan rape and sexual assault convictions that landed him in prison for 23 years — claiming he was “deprived of a fair trial.”
The 165-page appeal, filed with the Appellate Division First Department, claims the fallen Hollywood producer was the victim of misguided rulings by the trial judge, including allowing jurors to hear sweeping allegations of misconduct for which he wasn’t charged.
“The foregoing issues highlight a myriad of ways in which Mr. Weinstein was deprived of a fair trial,” wrote spokesman Juda Engelmayer in a press release. “The American criminal justice system was designed to convict defendants based on their conduct — not their general character.”
Attorneys for Weinstein argued in the filing that Justice James Burke made a profound error when he seated a juror who they contend repeatedly lied to the court about a novel she wrote featuring predatory older men and their relationships with girls.
The defense had already used up their peremptory challenges and wanted the judge to remove the author, known as Juror No. 11, for cause.
“Allowing Juror. No. 11 to participate in the deliberations did not merely obstruct the judicial process, it single-handedly obliterated it,” wrote attorney Arthur Aidala.
The defense team also argued that the judge improperly admitted evidence and testimony about Weinstein’s boorish behavior.
A total of four women were permitted to testify about six instances of uncharged sexual misconduct to bolster the prosecution’s case.
The “carnival-like conditions” — including a press conference in Los Angeles announcing new sex crimes charges on the eve of trial and chants of “rapist” outside the courtroom during jury selection — further prejudiced Weinstein, the motion alleges.
The 69-year-old desperately wanted to testify on his own behalf but, Judge Burke ruled that if he took the stand, the prosecution could cross-examine him on 28 alleged incidents of bad behavior stretching back three decades, according to the appeal.
This ruling left “Weinstein no choice but to remain silent against his will or take the stand and suffer the legal equivalent of suicide,” Aidala wrote.
In March 2020, Weinstein was sentenced to 23 years behind bars after the jury convicted him of forcibly performing oral sex on former “Project Runway” production assistant Miriam “Mimi” Haleyi and raping hairstylist Jessica Mann.
He was found not guilty of two counts of predatory sexual assault in connection to the alleged rape of Annabella Sciorra.
The attorneys blasted his sentence as “unduly harsh and excessive” for “acts that involved no violence and no injury to the complainants.” They added that Weinstein’s “unparalleled history of charitable work” and his use of film to raise “awareness of racial injustices” should have been mitigating factors.
Late last year, the First Department rejected Weinstein’s application for release on $2 million bail pending the outcome of the appeal, after his lawyers argued he was likely to die from health complications if he remained in prison.
Weinstein has been locked up at Wende Correctional Facility in upstate New York — and is awaiting extradition on his LA sex crimes case for which he faces up to 140 years behind bars.
“We will respond in our brief to the court,” said Danny Frost, a spokesman for DA Cy. Vance Jr.