2024-04-25 20:30:48
A new trial will take place following a New York appeals court overturned his 2020 sexual assault conviction, a major setback for MeToo.
A twist in the Weinstein affair: a New York appeals court overturned the former movie mogul’s sexual assault conviction this Thursday, granting a new trial to the latter. A scathing setback for the prosecution, the alleged victims and the #MeToo movement, and renewed hope for Weinstein, who is currently serving a prison sentence 23 years in prison.
The decision, taken by a majority of four votes to three, is based on “blatant errors” made during the 2020 trial. The judge would have, according to the court, unduly allowed women accusing Weinstein of facts not retained in the trial to testify.
Ces testimonies, deemed “prejudicial”would have strengthened the prosecution’s case, diminished Weinstein’s credibility, and potentially prevented him from fully defending himself.
A new uncertain trial
If Weinstein’s release is not automatic, his lawyers have already announced their intention to request his release on bail pending a new trial. “We are satisfied that the court recognized that Mr. Weinstein was deprived of his fundamental right to a fair trial,” said his lawyer Barry Kamins.
It remains to be seen how Manhattan District Attorney Alvin Bragg plans to proceed in the case. “We will do everything in our power to retry this case and let us remain steadfast in our commitment to survivors of sexual assault” said a spokesperson for Bragg.
The majority view “ignores the nuances of how sexual violence is perpetrated and perceived.”
On the side of the alleged victims and women’s rights defenders, incomprehension and frustration dominate. Cancellation is qualified as “hard blow for justice”.
“Their sole objective was to give a voice to dozens of other women who have suffered so much,” said Lindsay Goldbrum, who represented six of Weinstein’s accusers. “Today’s decision unfortunately casts a dark shadow over their courage and will undoubtedly deter future victims of sexual assault from coming forward“, she continued.
Justice Madeline Singas wrote in a dissenting opinion that the majority opinion “ignores the nuances of how sexual violence is perpetrated and perceived, and demonstrates the complete lack of understanding of the dynamics of sexual assault“The women of New York deserve better,” the judge wrote.
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