NEW YORK –
The decision by New York’s highest court to overturn movie mogul Harvey Weinstein’s rape conviction has reopened a painful chapter in America’s scrutiny of sexual misconduct by powerful figures, an era that began in 2017 and helped launch the #MeToo movement.
Here’s what you need to know about why Weinstein’s rape conviction was thrown out and what happens next:
Why was the conviction overturned?
The New York Court of Appeals found that the judge in the rape case harmed Weinstein with “egregiously” inappropriate rulings, including the decision to allow women to testify about allegations for which Weinstein was not charged.
In its 4-3 decision, the court majority said it was an “abuse of judicial discretion” for Judge James Burke to allow testimony from these other women about “alleged repugnant wrongdoing and despicable behavior.”
“Without a doubt, this is appalling, disgraceful and repulsive conduct that could only diminish the defendant’s character before the jury,” they said.
Weinstein’s lawyer, Arthur Aidala, had argued that Burke also influenced the trial by giving prosecutors permission to confront Weinstein, if he decided to testify, about his past history.
He said Weinstein wanted to testify but opted not to because he would have had to answer questions about more than two dozen alleged acts of misconduct dating back four decades, including fighting with his film producer brother, overturning a table in anger, yelling at waiters and yelling at their assistants.
Will Weinstein be released?
Weinstein, 72, will remain imprisoned because he was convicted in Los Angeles in 2022 of another rape and sentenced to 16 years in prison.
Weinstein has been serving time in New York, most recently at the Mohawk Correctional Facility, about 100 miles (160 kilometers) northwest of Albany.
What happens next?
The Manhattan district attorney’s office has indicated it plans to retry Weinstein, meaning his accusers could be forced to retell their stories on the witness stand.
“We will do everything in our power to retry this case and remain steadfast in our commitment to survivors of sexual assault,” the prosecutors’ statement said.
Weinstein was convicted in New York on charges of criminal sexual acts involving forced oral sex on a film and television production assistant in 2006 and third-degree rape for an attack on an aspiring actress in 2013.
Weinstein maintains his innocence and maintains that any sexual activity was consensual.