The ruling is based on the fact that the judge improperly called to testify several women who made accusations that were not part of the facts judged. Even so, Weinstein will remain in jail, as he has another 16-year sentence for another rape that is still in force.
The New York Court of Appeals on Thursday overturned the conviction of film producer Harvey Weinsten for errors in the 2020 judicial process that punished him with 23 years in prison and signified the birth of the #MeToo movement.
The court’s ruling, which cannot be appealed, is based on the fact that the judge improperly called several women who claimed to have been victims of the producer to testify as witnesses, when the accusations they made were not part of the facts judged.
“The remedy to these enormous errors is a new trial,” the ruling states.
Weinstein, 72, is serving two prison terms in a New York prison, one for 23 years and the other for 16 years, both for crimes related to sexual abuse.
Weinstein was convicted in 2020 after several women accused him of sexual harassment or assault over the years, guilty of sexually abusing production assistant Miriam Haley and raping Jessica Mann, who wanted to be an actress.
That first trial, now annulled, opened the spigot to an American, then global, movement, baptized as #MeToo, and which consisted of public testimonies of women who claimed to have been victims of sexual abuse in the world of entertainment and in work environments in general.
The Manhattan district attorney’s office has already expressed its displeasure, and in a statement from its spokeswoman, Emily Tuttle, has said, “We will do everything in our power to retry the case, and we remain steadfast in our commitment to survivors of sexual assault.”
Second conviction of 16 years in prison
Later in 2023, the Los Angeles County Superior Court sentenced him to another 16 years in prison for rape and sexual abuse of an Italian actress and model in February 2013. The sentence would have to be served after the 20 years he still has to serve.
The producer was tried on seven charges that were based on allegations from four women whose sexual abuse occurred between 2005 and 2013, all allegedly in Los Angeles hotel rooms.
Two of them were for rape while the other five were for sexual harassment. Weinstein was acquitted of one of the charges against him and the jury was unable to reach a plea bargain on the rest.
In total, more than 80 women have accused him of sex crimes.
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