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Sunday, December 22, 2024
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Will justice finally be done?

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Will justice finally be done?

Harvey Weinstein, the disgraced former movie mogul, appeared in Manhattan Criminal Court on May 29, 2024, as he awaited a retrial on rape charges. His 2020 conviction was overturned, necessitating this new trial, which is tentatively scheduled for after Labor Day. The hearing addressed several legal issues, including the possibility of additional accusers testifying.

Manhattan Assistant District Attorney Nicole Blumberg, he stated that some people who were not ready to file in 2020 could file now. An exact date for the retrial has not yet been set, but it is expected to be after Labor Day.

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Weinstein, who arrived in a wheelchair and sported a shaved head, waved approval to his colleagues as he was led away by two security officers. During the hearing, Blumberg requested that Weinstein's lawyer, Arthur Aidala, refrain from making public statements about witnesses that could intimidate or dissuade them from testifying. Last week, prosecutors alleged that Aidala had threatened Miriam Haley, one of Weinstein's accusers, saying he would question her intensely if she “dare to come and show her face here.” Aidala apologized if her words were perceived as intimidating, but emphasized her duty to zealously defend Weinstein against what she described as undue attacks.

Aidala objected to the prosecution's use of the term “survivors” to describe potential new witnesses, arguing it was a “conclusive term.” Judge Curtis Farber sustained the objection and urged both sides to avoid being swayed by media coverage, ensuring the retrial remains “free from public opinion.”

On April 25, New York's highest court ruled in a 4-3 decision that the judge in Weinstein's 2020 trial allowed too many women to testify about allegations that were not part of the case. That ruling led to Weinstein's 23-year sentence being overturned. However, Weinstein remains in custody on a 16-year sentence from a 2022 Los Angeles conviction for sexual assault. He refused an extradition request to move him back to California and will remain in New York for the retrial.

James Woods commented on Twitter earlier this month, noting that while President Trump faces legal challenges during a national election, Weinstein's conviction was overturned with minimal attention. This has raised questions about the consistency and visibility of high-profile legal proceedings in New York.

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Jennifer Bonjean, who is handling Weinstein's appeal in California, noted that the overturned New York conviction influenced the perception of the California jury during his trial there. The New York Court of Appeals noted that testimony about Weinstein's alleged misconduct, which was not directly related to the charges, improperly influenced the jury.

Judge Jenny Rivera, in the court's majority opinion, stated: “No person accused of wrongdoing may be tried on evidence of uncharged crimes that serves only to establish the defendant's propensity for behavior criminal”. He stressed that allowing such unproven allegations is an abuse of judicial discretion.

Weinstein's next hearing is scheduled for July 9.

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