In a 4-3 decision, the appeals court ruled Thursday that Weinstein was tried not only for the crimes he was charged with but with his past behavior, and that witnesses were allowed to testify about allegations that were not part of the case.
“Under our system of justice, the accused has a right to be held to account only for the crime charged,” the court said in its ruling. The court has thus ordered a new trial, essentially forcing the disgraced movie mogul’s accusers to face reliving the painful episodes they described on the witness stand all over again.Weinstein, 72, will remain behind bars in spite of the ruling, because he was convicted of rape and sentenced to 16 years inin a separate case. He has been serving a 23-year sentence in New York after being convicted on allegations of forcibly performing oral sex on a woman and raping another woman.
“Today’s decision is a major step back in holding those accountable for acts of sexual violence,” attorney Douglas H. Wigdor, who has represented eight Weinstein victims, said in a statement. “Courts routinely admit evidence of other uncharged acts where they assist juries in understanding issues concerning the modus operandi or scheme of the defendant.
Donna Rotunno, another member of Weinstein’s legal team, told The Daily Beast: “Justice was served. I believe this decision is larger than Harvey Weinstein. Courts cannot operate on emotion and lack of due process The world is off-balance, and when the justice system does not work, nothing does. This decision restores faith in the foundation of our system.”
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