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New York’s highest court overturned Harvey Weinstein’s felony sex crimes conviction, citing the judge’s decision to allow witnesses who weren’t the basis for charges as an unfair trial. The Manhattan district attorney announced plans to retry the case. Weinstein’s possible transfer closer to New York City is expected, raising doubts about his California conviction. Weinstein’s lawyer plans to appeal the California case, where he was sentenced to 16 years for rape and sexual assault. The Los Angeles County District Attorney’s office expressed confidence in the California convictions despite the New York ruling.

Weinstein’s accusers expressed shock and anger at the court’s decision. The first actress to accuse Weinstein, Ashley Judd, called it “unfair to survivors.” The ruling did not discredit the accusations against Weinstein but found fault in the admission of testimony from witnesses whose descriptions of abuse fell outside the criminal case. The court said it was an abuse of judicial discretion to consider untested allegations of bad behavior that do not pertain to the criminal charges. Weinstein’s lead trial lawyer, Donna Rotunno, praised the ruling, saying prosecutors should focus on a fair trial rather than winning at all costs.

The court faulted the trial judge for allowing prosecutors to question Weinstein about uncharged allegations if he testified. One of the witnesses, Dawn Dunning, expressed no regrets about testifying and confronting the convicted rapist. She believes the culture has changed and there is no going back. After a lower appeals court upheld Weinstein’s conviction in 2022, the latest and final appeal was heard by a majority female panel of judges. The decision is expected to spark debate about the rules for criminal convictions in sexual misconduct cases and the tension between multiple accuser accounts and strict witness rules.

Weinstein, once a powerful Hollywood producer, was accused of sexual misconduct by over 100 women. He was convicted in New York of raping Jessica Mann and assaulting Miriam Haley, receiving a 23-year prison sentence. The ruling raised concerns about Weinstein’s declining health and possible transfer to a facility near New York City for new charges. The decision prompted a response from the Los Angeles County District Attorney and discussions about the impact on sexual assault prosecutions in the #MeToo era. The ruling highlighted the challenges of balancing witness testimony and fair trials in cases of sexual misconduct.

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