Harvey Weinstein filed an attraction on Monday of his conviction on counts of sexual assault and rape, arguing that the choose made quite a few errors that resulted in a rigged trial.
Weinstein’s legal professional, Barry Kamins, argued that the judge ought to have excluded Juror 11, saying she couldn’t have been neutral as a result of she had written a novel that concerned sexual exploitation by predatory older males. Kamins additionally argued that Justice James Burke improperly excluded testimony that would have been useful to Weinstein.
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He additionally challenged Burke’s determination to permit three girls to testify about uncharged sexual assaults involving Weinstein. Such “prior dangerous acts” witnesses — or “Molineux witnesses” in New York — are additionally on the coronary heart of comic Invoice Cosby’s attraction of his sexual assault conviction in Pennsylvania.
Weinstein, 69, was convicted in February 2020 of two counts: third-degree rape and first-degree sexual assault. The jurors acquitted him on two extra critical fees of “predatory sexual assault,” which alleged that he had additionally raped actress Annabella Sciorra within the early Nineties.
Weinstein is serving a 23-year sentence in a state jail close to Buffalo, N.Y. If his conviction is just not overturned, the earliest he might be paroled can be November 2039.
Weinstein’s attorneys filed a discover of attraction on April 2, 2020, however waited a yr to file the complete transient to the Appellate Division, First Division.
Nonetheless, Kamins laid out a lot of his argument in a movement final October that sought to have Weinstein launched on bail throughout the attraction. The movement was denied.
Within the movement, Kamins argued that Juror 11 was dishonest when she answered questions in regards to the novel throughout jury choice. Kamins additionally contended that the juror “successfully grew to become the Individuals’s stealth professional on the jury, an uncross-examined font of details about how girls behave after being sexually abused by older males.”
The juror was seated after the protection had run out of peremptory challenges. Burke denied a movement for a mistrial.
Burke denied a number of different protection motions in the course of the six-week trial, together with a movement to recuse himself from the case. Burke additionally rejected a protection movement to relocate the trial to Suffolk County or Albany attributable to pre-trial publicity, refused to permit the protection to name the lead police detective on the case, and refused to let the protection name an professional on recovered recollections.
The protection has additionally argued that one of many crimes ought to have been excluded because of the statute of limitations.
Weinstein can also be awaiting extradition to Los Angeles to face an extra 11 counts that carry a possible sentence of 140 years.
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