Appeals Court Orders Harvey Weinstein Resentencing, Though Conviction Stands

A California appeals court has affirmed the 2022 rape and sexual assault conviction of Harvey Weinstein, effectively rejecting his request for a new trial. However, a three-judge panel from the 2nd District Court of Appeal issued a unanimous decision on Friday ordering that the disgraced former film producer be resentenced.

The panel determined that the original sentence of 16 years in prison must be revisited because the trial judge had factored in New York convictions that were later overturned. The California attorney general concurred that resentencing was necessary under these circumstances.

Weinstein, 74, was found guilty in December 2022 of one count of rape and two counts of sexual assault against a woman identified during trial proceedings as Jane Doe 1. That individual, who has since come forward publicly as Evgeniya Chernyshova, testified that Weinstein arrived uninvited at her hotel room during a 2013 film festival. While the jury delivered these guilty verdicts, it acquitted Weinstein on a charge of sexual battery against a massage therapist and failed to reach a consensus on counts involving two other women.

Legal representatives for the defense had sought a new trial, arguing that Los Angeles Superior Court Judge Lisa B. Lench unfairly restricted their ability to present a defense. Specifically, they contested the court's refusal to allow questioning regarding private Facebook messages between Chernyshova and the festival head, Pascal Vicedomini. The defense maintained these messages would have revealed a sexual relationship, thereby challenging the accuser's credibility and her account of her whereabouts on the night of the incident. Attorney Jennifer Bonjean asserted during oral arguments on April 23 that the restriction "all but gutted" the defense's position.

The appeals court disagreed. In its written opinion, the panel noted that Weinstein was permitted to present his defense using other evidence, including different Facebook messages that Judge Lench allowed into the record. Furthermore, the judges found that the defense's attempt to introduce the messages in question did not comply with California's rape shield laws, which limit evidence of an accuser’s sexual history. Addressing the trial's fairness, the panel wrote:

"We reject his attempts to disturb the jury’s guilty verdicts."

The decision was released just one day after prosecutors in New York officially dismissed a third-degree rape charge against Weinstein. That case, which followed an overturned 2020 conviction and two subsequent mistrials, was dropped on Thursday after the accuser, Jessica Mann, indicated she was unwilling to testify for a fourth time. Despite the dismissal of that specific charge, Weinstein remains convicted of a separate sexual felony in New York and is currently awaiting sentencing for that offense. Prosecutors in New York have indicated they will seek a 20-year prison term.

Weinstein remains incarcerated. Under the current legal framework, he is slated to serve his California sentence only after the conclusion of his term in New York. Reacting to the Friday ruling, Weinstein spokesperson Juda Engelmayer stated:

"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. At the same time, the court correctly recognized that his sentence cannot stand."

The defense has signaled its intention to escalate the matter, with Engelmayer noting that they plan to seek review from the California Supreme Court. Meanwhile, the legal process in New York continues, with a sentencing hearing for the remaining conviction scheduled for September.