An appeals court in California upheld Harvey Weinstein’s rape and sexual assault conviction from 2022 but ordered a resentencing by the trial judge who initially sentenced him to 16 years in prison. The three-judge panel of California’s 2nd District Court of Appeal unanimously made this decision, stating that the trial judge did not violate Weinstein’s constitutional rights.
In response to the court’s ruling, Weinstein’s spokesperson, Juda Engelmayer, expressed disappointment, disagreeing with the fairness assessment of Weinstein’s trial by the Court of Appeal. The decision came shortly after prosecutors in New York announced that Weinstein would not face a fourth trial there, dropping the case due to the accuser’s reluctance to testify again.
The California panel deemed a resentencing necessary because the initial judge considered now-overturned New York convictions as an aggravating factor. Weinstein, aged 74, still faces a conviction for another sexual felony in New York and is currently in custody awaiting sentencing in September, with prosecutors seeking a 20-year prison term.
Weinstein was convicted in California in December 2022 for one count of rape and two counts of sexual assault against an Italian model and actor known as Jane Doe 1 during the trial. His new sentence in California will only commence after completing his term in New York. Jane Doe 1, later identified as Evgeniya Chernyshova, came forward after the trial and sued Weinstein in civil court.
Chernyshova testified that Weinstein assaulted her in her hotel room during the 2013 LA Italia Film Festival. Weinstein’s defense argued for a new trial, claiming that the trial judge prevented them from presenting evidence that could have challenged Chernyshova’s credibility. However, the appeals court found that Weinstein had the opportunity to present his arguments during the trial.
The appeals judges also mentioned that Weinstein’s lawyers failed to comply with California’s rape shield law by attempting to introduce evidence of the accuser’s sexual history. They affirmed that testimony from accusers regarding sexual assaults Weinstein was not charged with was permissible under state law.
Weinstein maintains his innocence, referring to the allegations as a “made-up story” by a woman he claims he never met. The Los Angeles jury acquitted Weinstein of the sexual battery of a massage therapist and did not reach a verdict on counts involving two other women.
Weinstein’s legal team intends to seek review in the California Supreme Court, citing significant legal errors that impacted the proceedings. The Los Angeles County District Attorney’s Office refrained from commenting on the decision until they have reviewed it. Requests for comments from Chernyshova’s attorney were unanswered at the time of reporting.