Court Considers Resentencing After Upholding Weinstein’s Conviction
A California appellate panel on Friday reaffirmed former film producer Harvey Weinstein’s 2022 rape and sexual assault conviction while ordering a new sentencing hearing. The three‑judge panel found the trial judge had not infringed Weinstein’s constitutional rights. Resentencing is required because the original judge had considered New York convictions later invalidated as aggravating factors.
Weinstein, 74, was convicted in December 2022 in Los Angeles of one rape charge and two sexual assault counts linked to an Italian actress and actor who identified herself as Jane Doe 1 during trial. The California sentence of sixteen years will be re‑established only after Weinstein completes any New York term.
In New York prosecutors declined to pursue a fourth trial after the accuser declined to testify again. Weinstein remains behind bars pending a September sentencing in New York, where prosecutors seek a twenty‑year prison term for a separate sexual felony.
The appeals court ruled that Weinstein was allowed to present all arguments he desired based on other evidence, and that the lower court did not violate his right to a defense. It noted the defense’s attempts to introduce Facebook messages were barred by California’s rape‑shield law, although testimony regarding his alleged prior conduct was deemed permissible under state law.
Weinstein’s representatives indicated an appeal to the California Supreme Court may follow, while a Los Angeles district attorney’s office stated it would review the decision before commenting.