FILE - Former film producer Harvey Weinstein appears in court at the Clara Shortridge Foltz Criminal Justice Center in Los Angeles, Calif., on Oct. 4 2022. Nearly four years after Weinstein was convicted of rape and sent to prison, New York’s highest court will hear arguments Wednesday, Feb. 14, 2024, in his quest to overturn the landmark #MeToo-era verdict.
The court’s majority said “it is an abuse of judicial discretion to permit untested allegations of nothing more than bad behavior that destroys a defendant’s character but sheds no light on their credibility as related to the criminal charges lodged against them.” Weinstein, 72, has been serving a 23-year sentence in a New York prison following his conviction on charges of criminal sex act for forcibly performing oral sex on a TV and film production assistant in 2006 and rape in the third degree for an attack on an aspiring actress in 2013.Weinstein’s lawyers argued Judge James Burke’s rulings in favor of the prosecution turned the trial into “1-800-GET-HARVEY.
Aidala argued the extra testimony went beyond the normally allowable details about motive, opportunity, intent or a common scheme or plan, and essentially put Weinstein on trial for crimes he wasn’t charged with. Aidala also took issue with Burke’s refusal to remove a juror who had written a novel involving predatory older men, a topic the defense lawyer argued too closely resembled the issues in Weinstein’s case.