Harvey Weinstein files rape and sexual assault allegations in New York Supreme Court

Harvey Weinstein filed an appeal on Tuesday conviction for rape and sexual assault with New York’s highest court, arguing that the judge who oversaw his case called him a scapegoat for “a century of male inappropriate behavior.”

Weinstein, 70, awaits sentencing in Los Angeles after found guilty of rape and sexual assault on trial there – asked the New York Court of Appeals to overturn his 2020 conviction and grant him a new state trial.

The disgraced Hollywood producer claimed he was the victim of erroneous decisions by Manhattan trial judge James Burke, who sentenced him to 23 years in prison in March 2020.

The then-judge succumbed to “pressure from a powerful social movement determined to punish centuries of male wrongdoing by setting the example of convicting one man,” the appeal documents allege, clearly referring to the #MeToo movement.

Weinstein argued that it was unfair that jurors were allowed to hear testimony from four women accusing him of sexual harassment for which he was not charged.

Harvey Weisstein walks into court with a walker.
Harvey Weinstein has filed an appeal against his 2020 conviction for rape and sexual harassment in New York Supreme Court.
REUTERS

The fallen movie mogul also claims that one of the jurors should have been disqualified for hiding the fact that she wrote a book about three young women and their predatory relationships with grown men.

Weinstein’s attorney, Arthur Aydala, told The Post: “We will ask the Court of Appeals to remind trial courts across the state that the defendant cannot be tried on the basis of his character, but must be tried on the basis of the conduct of which he is accused.

“The trial judge disregarded basic New York law and allowed evidence of misconduct that prevented Mr. Weinstein from testifying in his defense to plead his innocence.”

In August, Weinstein was given the right refer your case to the Court of Appeal after the lower court of appeal knocked him down cancel his sentence.

Harvey Weinstein
Weinstein alleges that the trial judge made several decisions that resulted in an unfair trial.
AP

In February 2020, a Manhattan jury found Weinstein guilty of forcibly performing oral sex on former Runway producer assistant Miriam “Mimi” Haley in 2006 and raping hairdresser Jessica Mann in 2013.

He was acquitted of two counts of predatory sexual assault for allegedly raping actress Annabella Sciorra in the mid-1990s.

A spokesman for the Manhattan District Attorney’s office, which filed the case, said they would respond in court documents.

Weinstein was convicted last month about the rape and sexual assault of an Italian model in 2013 in the Los Angeles case.

He was acquitted of sexual assault due to containment of Jane Doe 3, and the jury depended on whether he was guilty of sexual assault due to containment of Jane Doe 2.

Weinstein faces 18 to 24 years in prison in the Los Angeles case.

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