Harvey Weinstein should have his first rape conviction overturned because he became a “model” of the MeToo movement, a court heard today.
Lawyers for the disgraced Hollywood producer argued before an appeals court on Valentine’s Day, alleging that he did not get a fair trial in New York in 2020.
Arthur Aidala stated that the focus of the case was Weinstein’s character, rather than the evidence.
Lawyers for the disgraced Hollywood producer argued before an appeals court on Valentine’s Day, alleging that he did not get a fair trial in New York in 2020.
The allegations amounted to “a man courting a woman” because the relationships were consensual, Aidala told the appeals court in Albany, upstate New York.
Allowing three additional accusers to give evidence was wrong because Weinstein’s intent was clear, he said.
In an extraordinary moment, Aidala said: ‘What was your intention? It’s not to make macaroni and cheese, it’s to sexually assault her!’
Weinstein, 71, who is in poor health, is serving a 23-year sentence after being found guilty of sexual assault and rape during a trial in Manhattan in 2020.
Weinstein was jailed for another 16 years in February last year in Los Angeles after being found guilty of three counts of rape and sexual assault.
Arthur Aidala, Weinstein’s lawyer, said his first rape conviction should be overturned because he was made a “model” of the movement, a court heard.
Unless Weinstein, who once ruled Hollywood and won 81 Academy Awards, wins his appeals in both cases, then he will likely die in prison.
The hearing took place 100 miles from the Mohawk Correctional Facility where Weinstein is serving his sentence.
Aidala told the court the conviction was unfair because trial judge James Burke allowed three other women to come in as previous witnesses to wrongdoing, or witnesses to Molyneaux.
He said “our client did not get a fair trial” and described the case as “basically a case of a man courting a woman” because it was consensual.
In an extraordinary moment, Aidala said: ‘What was your intention? It’s not to make macaroni and cheese, it’s to sexually assault her!’
Allowing additional witnesses “should not have been allowed” because there was “no ambiguity” about the alleged behavior.
Raising her voice, Aidala described how Mimi Haleyi, one of Weinstein’s victims, was “screaming and screaming no, no, no.”
Judge Madeline Singas responded: “Are you not fundamentally misunderstanding the nature of this sexual assault?”
Aidala said no.
He said: “Because he (Weinstein) became the model for a movement that has been held to a different standard.”
According to Aidala, it was “Weinstein’s character who was on trial, it was not the evidence.”
Aidala insisted it was a “textbook abuse of discretion” to allow Haleyi to describe 10 other sexual acts with Weinstein.
Aidala told the court the conviction was unfair because trial judge James Burke allowed three other women to come in as previous witnesses to wrongdoing, or witnesses to Molyneaux.
Doing so made him look like a “bad guy.”
Aidala also objected to Juror 11, who was writing a book about a predatory man while on the jury.
Raising his voice again, Aidala said: ‘We have more information: this book is about a predatory man. he confronts her and she basically says I lied. I was wrong, I wasn’t sure, I didn’t know what you were referring to. It was a very simple question.’
Steven Wu, appeals chief for the Manhattan district attorney, argued that Weinstein was in an “exalted” position in Hollywood and was abusing that position.
“He had a pattern of approaching these women, making offers to them…repetition of illegal conduct makes an innocent explanation unlikely.”
Weinstein’s fall from grace began in 2017 amid the MeToo movement that targeted high-profile men who had a history of sexual misconduct.
Wu said additional witnesses were brought in to show that “the young women were willing to have certain types of relationships with him and yet did not consent to sexual acts.”
The judges will make their decision at a later date.
Weinstein’s fall from grace began in 2017 amid the MeToo movement, which targeted high-profile men who had a history of sexual misconduct.
Her trial in New York was possibly the highest profile and her conviction was seen as a watershed moment for women’s rights.
Among those who testified at his trial in Los Angeles was Jennifer Siebel Newsom, wife of California Governor Gavin Newsom.
She, who repeatedly broke down in tears while describing how Weinstein raped her in a Beverly Hills hotel in 2005 when she was an aspiring actress.
During cross-examination, Weinstein’s lawyer, Alan Werksman, attempted to claim that the accusers had consensual relationships with him to boost their careers, calling them “fame and fortune seekers.”
Weinstein was sentenced to 16 years in February in his sexual assault case in Los Angeles, in addition to his previous sentence of 23 years for a rape conviction in New York City (NYC) and was originally in the Wende Correctional Facility (in photo).
He called Ms. Siebel Newsom, a documentary filmmaker, “dumb” and said her frequent crying during her testimony was an “overdramatized, theatrical performance.”
In another emotional moment, Aidala said he was “a little offended” by Wu’s argument.
She said it amounted to saying that “all women react the same way” and that if a fellow graduate rejected a high school senior, he should expect all the other women to reject him as well.
“All women are different,” Aidala said. ‘That’s against humanity!’
Aidala claimed Weinstein was “begging to tell his side of the story” until the judge allowed additional witnesses.
He continued: ‘They tested his character to the point that they stripped him naked, took photographs of him and gave them to the jury. Literally!’
In fact, during the trial, photographs of Weinstein’s naked body, with black spots, were shown to the jury to corroborate his accusers.
Aidala said the Manhattan district attorney’s office created a hotline for information, calling it ‘1-800 Get Harvey.’
Urging the court to restore its faith in the justice system, he signed off with: “And your honors, happy Valentine’s Day.”