A California appeals court confirmed on Friday that Harvey Weinstein’s 2022 conviction for rape and sexual assault was valid, but directed his trial judge to resentence him.
The decision was made unanimously by a three-judge panel from California’s 2nd District Court of Appeal.
“We are upset by today’s ruling and respectfully disagree with the conclusions drawn by the Court of Appeal regarding the fairness of Mr. Weinstein’s trial,” stated Weinstein spokesperson Juda Engelmayer in an email. “Nonetheless, the court correctly noted that his sentence is invalid.”
This ruling arrived just a day after New York prosecutors announced they would not pursue a fourth trial for Weinstein, dropping the #MeToo-era case on Thursday after the accuser expressed she could not endure testifying once more.
The former film mogul remains convicted of another sexual felony in New York and is still incarcerated. However, the New York rape charge had been left unresolved following an overturned conviction and two hung juries.
In California, Weinstein, 74, was found guilty in December 2022 of one count of rape and two counts of sexual assault against an Italian model and actress referred to as Jane Doe 1 during the trial. He was sentenced to 16 years in prison.
Weinstein’s legal team claimed in their appeal that the testimony from the head of a film festival was unjustly restricted by Superior Court Judge Lisa B. Lench, and they sought a new trial.
In New York, Weinstein is awaiting a sentencing hearing in September for his ongoing assault conviction involving a different victim. Prosecutors are recommending a 20-year sentence, which he would serve after completing his California term.
After the Los Angeles trial, Jane Doe 1 later identified herself as Evgeniya Chernyshova when she filed a civil lawsuit against Weinstein.
Generally, the Associated Press does not identify individuals who allege sexual abuse unless they publicly name themselves, as Chernyshova did. Her attorney confirmed that she agreed to be named.
Chernyshova testified that Weinstein entered her hotel room without an invitation during the 2013 LA Italia Film Festival and assaulted her.
Weinstein’s defense argued that the judge wrongfully limited inquiries into Facebook messages exchanged between Chernyshova and festival head Pascal Vicedomini, which would have indicated they had a sexual relationship.
The defense stated that such questioning would have demonstrated she committed perjury by claiming she and Vicedomini were merely friends and colleagues, and it would have supported their assertion that she was not present in her room on the night of the alleged assault.
“The lower court effectively dismantled Mr. Weinstein’s defense,” attorney Jennifer Bonjean argued before the appeals judges during the oral hearings on April 23.
David Glassman, representing the state, argued that any affair was irrelevant. “It doesn’t pertain to any disputed issue in the case,” he stated.
Prior to his sentencing, Weinstein told the judge that this was a “fabricated story” from a woman he had never met.
The Los Angeles trial jury acquitted Weinstein of sexually assaulting a massage therapist and could not reach verdicts on counts related to two other women.
“This is not the end of the appellate process,” Engelmayer remarked in his email on Friday. “We plan to seek a review from the California Supreme Court because we continue to believe substantial legal errors influenced the proceedings and deserve further examination.”
Emails seeking comments from Chernyshova’s lawyer and the Los Angeles prosecutors went unanswered immediately.
