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Harvey Weinstein appears at a hearing in Manhattan Criminal Court in New York City on May 29, 2024.
CNN —
Just over a month after movie mogul Harvey Weinstein’s conviction was overturned in New York, his lawyers filed an appeal on Friday to overturn his December 2022 conviction in Los Angeles. Weinstein was found guilty of three sexual assault charges and sentenced to 16 years in prison.
Weinstein was convicted of rape, penetration and forcible oral intercourse against Jane Doe 1, one of four women who testified at his trial. Weinstein’s defense team is now seeking a new trial, according to court documents filed with the California 2nd District Court of Appeal.
According to the appeal, Weinstein did not receive a fair trial because evidence regarding Jane Doe 1’s whereabouts on the date of the assaults was excluded, the prosecution failed to disclose that Jane Doe 1 was in a romantic relationship at the time of the incidents, and evidence was included alleging an uncharged criminal assault by Weinstein.
“Defendant’s trial was a sham trial, with the prosecution presenting evidence of 12 uncharged sex offenses and other ‘crimes’ involving the ‘abuse’ of women,” the lawsuit states, “yet the jury misjudged what could be done with such highly prejudicial information. The jury was instructed to deliberate with explosives evidence prepared in the form of matches and a barrel.”
Dave Ring, an attorney representing Jane Doe 1, said in a statement to CNN, “Mr. Weinstein’s appeal repeats the same stale arguments that he has argued in court many times before, without success. We firmly believe the court properly reviewed the evidence and made the right decision in its evidentiary ruling. We are confident that Mr. Weinstein’s appeal will be dismissed and he will spend many years in prison.”
Prosecutors in the Los Angeles trial argued that Weinstein was an influential figure in Hollywood who used his influence to lure women to private meetings, assault them and then silence their accusations.
CNN has reached out to the Los Angeles County District Attorney’s Office for comment on the appeal.
The appeal comes after Weinstein’s 2020 rape conviction in New York was overturned by the New York Court of Appeals in April. The court ruled that the testimony of a witness to “prior misconduct” should not have been admitted because it “does not need to establish the defendant’s intent, but serves only to establish the defendant’s propensity to commit the crimes charged.”
The verdict sent shock waves through the sexual assault community, particularly among the more than 100 women who had accused Weinstein of assault and harassment.
A new trial has been ordered and Manhattan prosecutors have said they plan to retry the case. Ahead of the retrial, new accusers have filed charges against the Hollywood producer.
“We will do everything in our power to reopen this case and remain unwavering in our commitment to victims of sexual assault,” said Emily Tuttle, deputy director of public affairs and senior counsel for the Manhattan district attorney’s office.
Weinstein’s defense team argued in Los Angeles appeals court that prosecutors violated his right to a fair and impartial trial by invoking his New York conviction during jury selection.
“Defendants are entitled to a new trial in which their constitutional rights will be protected, they will be allowed to present evidence of their innocence, and they will be judged on their conduct and not their character,” the lawsuit states.