Harvey Weinstein conviction upheld by California appeals court; judge told to resentence

A California appeals court has upheld Harvey Weinstein’s 2022 convictions for rape and sexual assault. The same ruling said the prison term must be reviewed, and ordered the trial judge to resentence Weinstein. Weinstein, 74, was convicted in December 2022 in Los Angeles County and received a 16-year sentence.

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A three-judge panel from California’s 2nd District Court of Appeal reached the decision unanimously on Friday. Weinstein spokesperson Juda Engelmayer responded by email. "We are disappointed by todays decision and respectfully disagree with the Court of Appeals conclusions regarding the fairness of Mr Weinsteins trial,\" Engelmayer said. \"At the same time, the court correctly recognised that his sentence cannot stand.\"

Harvey Weinstein California appeal court decision

Weinstein’s lawyers had asked for a new trial in the Los Angeles case. The appeal argued that Superior Court Judge Lisa B. Lench unfairly limited testimony from the head of a film festival. The defence said the restriction prevented full questioning that could have helped challenge the accuser’s account during trial.

The California convictions involved one count of rape and two counts of sexual assault. The charges related to an Italian model and actor known in court as Jane Doe 1. After the criminal trial, Jane Doe 1 later identified publicly as Evgeniya Chernyshova while filing a civil lawsuit.

Harvey Weinstein New York case update and sentencing

The California decision came one day after prosecutors in New York dropped another case linked to the #MeToo era. Prosecutors decided Weinstein would not face a fourth trial there on Thursday. The accuser said the accuser could not bear to testify again after earlier court proceedings.

Weinstein still stands convicted of another sexual felony in New York and remains in custody. The New York rape charge had stayed unresolved after an overturned conviction and then two hung juries. Weinstein is awaiting a September sentencing in New York on the remaining assault conviction.

Prosecutors in New York are seeking a 20-year prison term for that conviction. Weinstein would start serving the California sentence only after the New York punishment is completed. The outcome means Weinstein’s custody continues, even as the California court required a new sentencing hearing.

Harvey Weinstein Los Angeles trial evidence and festival details

Chernyshova testified that Weinstein arrived without an invitation at a hotel room during the 2013 LA Italia Film Festival. Chernyshova said Weinstein assaulted Chernyshova there. Weinstein’s defence said trial lawyers were wrongly blocked from asking about Facebook messages between Chernyshova and festival head Pascal Vicedomini.

The defence argued the messages would have suggested Chernyshova and Pascal Vicedomini had a sexual relationship. The Associated Press generally does not identify people who say they were sexually abused. It made an exception because Chernyshova came forward publicly, and Chernyshova’s attorney said Chernyshova agreed to being named.

With inputs from PTI