Harvey Weinstein's LA rape conviction upheld, Appeals Court orders resentencing

Los Angeles [US], June 27 : An appeals court has upheld Harvey Weinstein's 2022 rape conviction in Los Angeles while ordering a lower court to resentence the former film producer after developments in his separate New York case affected the basis of his original sentence.
On Friday, a three-judge appeals panel rejected Weinstein's attempt to overturn his conviction for sexually assaulting a model during the LA-Italia Film Festival. However, as per Variety, the court ruled that he must be resentenced after his previous sexual assault conviction in New York, which had been used to justify part of his California sentence, was later overturned
Weinstein, 74, was convicted in 2022 and sentenced to 16 years in prison. During the appeal, his legal team argued that the trial judge had improperly withheld sexually suggestive Facebook messages between the accuser and another man, claiming the evidence could have challenged her credibility and supported an alibi.
The appellate court disagreed, finding that Weinstein's trial lawyers had failed to comply with California's rape shield law, which limits the use of evidence relating to an accuser's past sexual conduct.
In the unanimous ruling, Justice Michelle Kim wrote, "The court's application of California statutory rules of evidence did not infringe on Weinstein's constitutional rights to challenge the prosecution's case, present a defense, and confront the witnesses against him," as per Variety.
The appeals panel also dismissed several other arguments raised by the defence, including objections to testimony from four additional accusers regarding uncharged allegations of sexual misconduct.
The court ruled that the testimony "was relevant to show his propensity to commit the sexual offenses charged in this case."
Although the conviction remains in place, the court directed the lower court to resentence Weinstein. He had originally received eight years for forcible oral copulation, six years for forcible sexual penetration and two years for forcible rape.
At the original sentencing, Judge Lisa Lench imposed the maximum eight-year term for the forcible oral copulation conviction after citing Weinstein's prior New York sexual assault conviction.
Since that conviction has since been overturned, the appeals court found that the legal basis for the enhanced sentence no longer exists.
As per Variety, the California Attorney General's Office also agreed that Weinstein was entitled to resentencing.
If the court imposes the middle term of six years for that offence instead of the maximum eight years, Weinstein's overall California sentence would be reduced by two years.
Responding to the ruling, Weinstein spokesperson Juda Engelmayer said he was "disappointed" and confirmed that the legal team would continue the appeals process.
"This is not the end of the appellate process," he said, adding, "We intend to seek review in the California Supreme Court because we continue to believe significant legal errors affected the proceedings and warrant further review."
Weinstein is also scheduled to be sentenced in September in his New York case after being reconvicted last year of sexually assaulting Miriam Haley.