The judges declared that "the remedy for these egregious errors is a new trial."
On Thursday, the New York Court of Appeals overturned disgraced film producer Harvey Weinstein's 2020 rape conviction, arguing that the trial judge had erred by allowing testimony from women not among the trio who filed the complaint against him.
The judges concluded their 4-3 opinion by declaring that "the remedy for these egregious errors is a new trial."
In the opinion, authored by Judge Rivera, the quartet argued that the trial judge "erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes."
That testimony, they claimed, amounted to propensity evidence, "which, in criminal cases, serves as a judicial bulwark against a guilty verdict based on supposition rather than proof."
It thus "served no material non-propensity purpose" and "portrayed defendant in a highly prejudicial light."
"Under our system of justice," Rivera continued, "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."
As the New York Times reports, actress and Weinstein accuser Katherine Kendall said the ruling was "a terrible reminder that victims of sexual assault just don't get justice," adding, "I'm completely let down by the justice system right now. I'm sort of flabbergasted."
Weinstein is currently in jail in upstate New York, and will remain there as he serves out the 16-year sentence handed down to him in a separate rape case in Los Angeles.
In a statment to NBC News, Manhattan District Attorney Alvin Bragg's office said it was determined to move forward with a new trial.
"We will do everything in our power to retry this case," a spokesperson said, "and remain steadfast in our commitment to survivors of sexual assault."
This is a breaking story and will be updated.
Powered by The Post Millennial CMS™ Comments
Join and support independent free thinkers!
We’re independent and can’t be cancelled. The establishment media is increasingly dedicated to divisive cancel culture, corporate wokeism, and political correctness, all while covering up corruption from the corridors of power. The need for fact-based journalism and thoughtful analysis has never been greater. When you support The Post Millennial, you support freedom of the press at a time when it's under direct attack. Join the ranks of independent, free thinkers by supporting us today for as little as $1.
Remind me next month
To find out what personal data we collect and how we use it, please visit our Privacy Policy
Comments