California appeals court upholds Weinstein conviction, orders resentencing

A three-judge panel of the California 2nd District Court of Appeal unanimously upheld Harvey Weinstein's 2022 conviction for rape and two counts of sexual assault, while directing the trial judge to issue a new sentence. The court said the original sentencing improperly considered New York convictions that had later been overturned, a view shared by the state attorney general.

Weinstein's spokesperson, Juda Engelmayer, said the decision was disappointing and that the firm disagreed with the appellate court's conclusions about the fairness of the trial, adding that the sentence could not stand. He also indicated the firm would seek review by the California Supreme Court, arguing that significant legal errors affected the proceedings.

The California conviction stems from a December 2022 trial in which an Italian model and actress, identified during the trial as Jane Doe 1 and later named Evgeniya Chernyshova, testified that Weinstein entered her hotel room uninvited during the 2013 LA Italia Film Festival and assaulted her. The jury acquitted Weinstein of a sexual battery charge involving a massage therapist and could not reach verdicts on two other counts.

Weinstein's defense had argued that the trial judge, Lisa B. Lench, improperly barred questions about Facebook messages that could have shown a prior sexual relationship between Chernyshova and festival head Pascal Vicedomini, which the defense said would have undermined the accuser's credibility. The appellate panel found that Weinstein's lawyers had already presented other evidence, including permissible Facebook messages, and that no constitutional right to present a defense was denied. The judges also noted that Weinstein's lawyers violated California's rape-shield law by attempting to introduce the accuser's sexual history, even though they claimed the evidence was only for impeachment.

Separately, prosecutors in New York dropped a fourth trial against Weinstein after the accuser said she could not endure another testimony. Weinstein remains convicted of a separate sexual felony in New York and is awaiting sentencing there, where prosecutors are seeking a 20-year term.

"We are disappointed by today's decision and respectfully disagree with the Court of Appeal's conclusions regarding the fairness of Mr. Weinstein's trial," Engelmayer said.

"This is not the end of the appellate process. 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," Engelmayer added.

"She has persevered for years to reach this point against the man who raped her," said Chernyshova's lawyer David Ring, thanking prosecutors and appellate lawyers for their role in the case.