Nearly four years after his rape conviction fueled the #MeToo movement, Harvey Weinstein wants New York’s highest court to overturn the verdict. His lawyers argue Weinstein was denied his right to a fair trial under Judge James Burke.
“It was his character that was on trial. It wasn’t the evidence that was on trial,” Weinstein attorney’s Arthur Aidala argued Wednesday.
Weinstein, 71, is currently serving a 23-year sentence for forcibly performing oral sex on a production assistant in 2006… and for third-degree rape of an aspiring actress in 2013.
His lawyers insist Burke made key errors affecting due process.
Aidala contends Burke wrongly allowed three extra accusers to testify, violating rules on mentioning prior bad acts. The lawyer also accused Burke of allowing Weinstein from telling his side of the story only after intense cross-examination about decades of alleged misdeeds.
“We had a defendant who was begging to tell his side of the story,” Aidala said, arguing the trial unfairly emphasized Weinstein’s character rather than evidence.
A lawyer for the Manhattan District Attorney, which prosecuted Weinstein at his trial, spoke to the Associated Press as described Burke’s rulings as proper.
The judges appeared divided on whether Burke’s moves were excessive or situationally justified.
A decision overturning the watershed conviction would shock many. But even if granted a new trial, legal obstacles prevent reversal of Weinstein’s entire conviction.
To many, Weinstein’s case in New York exemplified a persistent social ill: abusing power to coerce sex.
If his conviction gets overturned, Weinstein would still remain in prison for a different sentence. Last year, he received 16 years in California for another rape conviction.
The Associated Press contributed to this article.