Retrying him will be a DA’s or AG’s call and they’re elected offices. If there’s no blowback to declining to prosecute the case again they might let it go.
On Thu, Apr 25, 2024 at 9:54 PM David Risner <[email protected]> wrote: > My big question is, why spend all that money retrying him when he's > already going to die in prison for other convictions? > > Let him rot away like the worm he is and don't let him have any more > control over anyone else's lives. > > > > -- > David Risner > ------------------------------ > *From:* PGage <[email protected]> > *Sent:* Thursday, April 25, 2024 4:49 PM > *To:* [email protected] > *Subject:* Re: [TV orNotTV] Re: New York appeals court torn over > reversing Weinstein convictoin > > I agree with the Court of Appeals, but I don’t think the fault lies with > the NY Prosecutors, but the trial judge. Even then, it was a close call, > and the Appeals court was closely and bitterly divided. I do think when > things are that close the decision should be in favor of the defendant. > > Weinstein will still do his time in California, even if they decide not to > retry him in NY. > > > > Sent from Gmail Mobile > > > On Thu, 25 Apr 2024 at 2:53 PM Kevin M. <[email protected]> wrote: > >> Could somebody get the NY prosecutors a refresher course in proper >> courtroom procedure? Either that or make them wear shirts in public with >> the words “I help sexual predators get out of prison” printed on them? >> >> Kevin M. (RPCV) >> >> >> On Thu, Apr 25, 2024 at 2:48 PM 'Bob Jersey' via TVorNotTV < >> [email protected]> wrote: >> >>> "Front page" at V... the panel ruled 4-3 for Weinstein, finding that the >>> NY judge prejudicially allowed women to testify about allegations that >>> weren't in the original case (he remains jailed, as an appeal is >>> planned)... the issue of "prior bad acts" also led to the overturning of >>> Bill Cosby's case, tho on different grounds... >>> >>> https://variety.com/2024/film/news/harvey-weinstein-rape-conviction-overturned-new-york-1235981890/ >>> (link) >>> Next stop, California, where the defense plans to make a comparable case >>> for tossing that conviction... >>> >>> https://variety.com/2024/film/news/harvey-weinstein-prison-overturned-conviction-explained-1235982257/ >>> (link) >>> B >>> >>> On Wednesday, February 14, 2024 at 10:54:16 PM UTC-5 [email protected] >>> wrote: >>> >>>> NEW YORK (AP) — Nearly four years after Harvey Weinstein was convicted >>>> of rape >>>> <https://apnews.com/article/ap-top-news-harvey-weinstein-sexual-assault-ca-state-wire-us-news-67057b46fcd3f1183cf6a699a399c886> >>>> and >>>> sent to prison, New York’s highest court appeared torn at oral arguments >>>> Wednesday about potentially overturning the landmark #MeToo-era verdict. >>>> >>>> Weinstein’s lawyers urged the state’s Court of Appeals to dismiss the >>>> disgraced movie mogul’s 2020 conviction, arguing that the trial judge, >>>> James Burke, trampled his right to a fair trial >>>> <https://apnews.com/article/legal-proceedings-new-york-city-crime-metoo-manhattan-f20f473c61d348719cf7b269932419ca> >>>> with >>>> pro-prosecution rulings that turned the trial into “1-800-GET-HARVEY.” >>>> >>>> “It was his character that was on trial. It wasn’t the evidence that >>>> was on trial,” Weinstein's lawyer Arthur Aidala told the seven-member court >>>> in Albany. >>>> >>>> Weinstein, 71, was convicted of a criminal sex act for forcibly >>>> performing oral sex on a TV and film production assistant in 2006 and rape >>>> in the third degree for an attack on an aspiring actress in 2013. He was >>>> sentenced >>>> to 23 years in prison >>>> <https://www.pbs.org/newshour/nation/weinstein-sentenced-to-23-years-for-sexual-assaults>. >>>> Last year, he was convicted in Los Angeles >>>> <https://apnews.com/article/harvey-weinstein-verdict-los-angeles-rape-trial-1a3a9db4e4589a9e0fb03214bc01fecf> >>>> of >>>> another rape and sentenced to an additional 16 years in prison >>>> <https://apnews.com/article/harvey-weinstein-sentencing-los-angeles-c287c5fe310c1f125086207be2916a3e> >>>> . >>>> >>>> A lawyer for the Manhattan district attorney’s office, which prosecuted >>>> Weinstein’s New York case, told the appeals court that Burke's rulings were >>>> proper and the conviction should stand. >>>> >>>> Weinstein’s lawyers want a new trial, but only for the criminal sexual >>>> act charge. They argue the rape charge can’t be retried because it involves >>>> alleged conduct outside the statute of limitations. Reversing the verdict >>>> would reopen a painful chapter in America’s reckoning with sexual >>>> misconduct by powerful figures. The court is unlikely to rule immediately. >>>> >>>> If the Court of Appeals were to rule in Weinstein's favor, he would >>>> remain locked up because of his California conviction. Weinstein did not >>>> attend the arguments but was said to be monitoring a livestream from the >>>> state prison where he is incarcerated, Mohawk Correctional Facility, about >>>> 100 miles (160 kilometers) northwest of Albany. >>>> >>>> Allegations against Weinstein, the once powerful and feared studio boss >>>> behind such Oscar winners as “Pulp Fiction” and “Shakespeare in Love,” >>>> ushered >>>> in the #MeToo movement >>>> <https://apnews.com/arts-and-entertainment-general-news-2a32a7bc96a0756d7699e0fb690731b8>. >>>> His New York trial drew intense publicity, with protesters chanting >>>> “rapist” outside the courthouse >>>> <https://apnews.com/article/new-york-trials-harvey-weinstein-manhattan-courts-4535e9bf0c8affed775236f58e6be4d5> >>>> . >>>> >>>> Weinstein maintains his innocence. He contends any sexual activity was >>>> consensual. >>>> >>>> His voice booming at times, Aidala argued that Burke swayed the trial >>>> with two key decisions: allowing three women to testify about allegations >>>> that weren't part of the case, and granting prosecutors permission to >>>> confront him, if he had testified, about his long history of brutish >>>> behavior. Aidala also took issue with Burke’s refusal to remove a juror who >>>> had written a novel involving predatory older men. >>>> >>>> Weinstein wanted to testify at his trial, but opted against it because >>>> of Burke’s ruling that would've meant answering questions about more than >>>> two-dozen alleged acts of misbehavior dating back four decades, including >>>> fights with his movie producer brother and an incident in which he flipped >>>> over a table in anger, Aidala said. >>>> >>>> “We had a defendant who was begging to tell his side of the story. It’s >>>> a he said, she said case, and he’s saying ‘that’s not how it happened. Let >>>> me tell you how I did it,’” Aidala argued, adding that evidence of >>>> Weinstein’s prior bad behavior, "had nothing to do with truth and veracity. >>>> It was all 'he’s a bad guy.'” >>>> >>>> Aidala also argued that other defendants in the state were now at risk >>>> of having their cases overwhelmed by extraneous evidence because “the >>>> floodgates have been opened” by the precedent of Burke’s rulings. >>>> >>>> The judges hearing Wednesday’s arguments volleyed between skepticism >>>> and sympathy for Aidala and his counterpart from the district attorney's >>>> office, appellate chief, Steven Wu. >>>> >>>> Judge Madeline Singas suggested that the circumstances of Weinstein’s >>>> case — using his power in Hollywood to have sex with women seeking his help >>>> — may have warranted Burke's decision to allow the other accusers to >>>> testify. >>>> >>>> But Judge Jenny Rivera wondered if the behavior the women described >>>> cleared the high legal bar for allowing additional accusers to take the >>>> stand, namely that their testimony is evidence of same motive, opportunity, >>>> intent or a common scheme or plan. >>>> >>>> “What’s unique about a powerful man trying to get a woman to have sex >>>> with them?" Rivera asked. >>>> >>>> Betsy Barros, a lower court judge filling in on the Court of Appeals >>>> because of recusals, appeared alarmed by Burke’s ruling allowing >>>> prosecutors to confront Weinstein about unrelated misbehavior. >>>> >>>> “I don’t think anybody in their right mind would testify" under those >>>> circumstances, Barros observed. “So how is this a fair trial when you’re >>>> not able to put in your side of it?” >>>> >>>> Aidala said allowing the additional accusers to testify turned >>>> Weinstein’s trial “into three other mini-trials," burdening jurors with >>>> deciding not only Weinstein’s guilt or innocence on the charges at hand but >>>> whether he committed other alleged offenses that weren't part of the case. >>>> Weinstein was acquitted in Los Angeles on charges involving one of the >>>> women who testified in New York, Aidala said. >>>> >>>> Wu countered that Weinstein’s acquittal on the most serious charges in >>>> the Manhattan trial — two counts of predatory sexual assault and a >>>> first-degree rape charge stemming from actor Annabella Sciorra’s >>>> allegations of a mid-1990s rape — showed that jurors were paying attention. >>>> >>>> The Associated Press does not generally identify people alleging sexual >>>> assault unless they consent to be named; Sciorra has spoken publicly about >>>> her allegations. >>>> >>>> The Court of Appeals agreed last year to take Weinstein’s case >>>> <https://apnews.com/article/new-york-harvey-weinstein-eae103d055013888317f92c6c0dfad6c> >>>> after >>>> an intermediate appeals court upheld his conviction >>>> <https://apnews.com/article/harvey-weinstein-conviction-upheld-1dc4db0787bfd4a94268ef0ed6ea4803>. >>>> Prior to their ruling, judges on the lower appellate court had raised >>>> doubts about Burke’s conduct during oral arguments. One observed that that >>>> Burke had let prosecutors pile on with “incredibly prejudicial >>>> testimony” >>>> <https://apnews.com/article/bill-cosby-arts-and-entertainment-new-york-manhattan-harvey-weinstein-0c22166b1108d72b9fc2d8a0865df27a> >>>> from >>>> additional witnesses. >>>> >>>> Burke’s term expired at the end of 2022. He was not reappointed and is >>>> no longer a judge. >>>> >>> -- >>> You received this message because you are subscribed to the Google >>> Groups "TVorNotTV" group. >>> To unsubscribe from this group and stop receiving emails from it, send >>> an email to [email protected]. >>> To view this discussion on the web visit >>> https://groups.google.com/d/msgid/tvornottv/f4238ce8-c502-4971-8f64-aed4d0b6804bn%40googlegroups.com >>> <https://groups.google.com/d/msgid/tvornottv/f4238ce8-c502-4971-8f64-aed4d0b6804bn%40googlegroups.com?utm_medium=email&utm_source=footer> >>> . >>> >> -- >> You received this message because you are subscribed to the Google Groups >> "TVorNotTV" group. >> To unsubscribe from this group and stop receiving emails from it, send an >> email to [email protected]. >> To view this discussion on the web visit >> https://groups.google.com/d/msgid/tvornottv/CAKgmY4A-f1j%3DaNNRDAcBL6hXV%2BVp%2BSJbheAtowD_Z3NHMLs5HA%40mail.gmail.com >> <https://groups.google.com/d/msgid/tvornottv/CAKgmY4A-f1j%3DaNNRDAcBL6hXV%2BVp%2BSJbheAtowD_Z3NHMLs5HA%40mail.gmail.com?utm_medium=email&utm_source=footer> >> . >> > -- > You received this message because you are subscribed to the Google Groups > "TVorNotTV" group. > To unsubscribe from this group and stop receiving emails from it, send an > email to [email protected]. > To view this discussion on the web visit > https://groups.google.com/d/msgid/tvornottv/CAKGtkYJoGh4-jtrWcgcaD%3DUOKJDimuxEnkOmBGKjYxi9LgbQuw%40mail.gmail.com > <https://groups.google.com/d/msgid/tvornottv/CAKGtkYJoGh4-jtrWcgcaD%3DUOKJDimuxEnkOmBGKjYxi9LgbQuw%40mail.gmail.com?utm_medium=email&utm_source=footer> > . > > -- > You received this message because you are subscribed to the Google Groups > "TVorNotTV" group. > To unsubscribe from this group and stop receiving emails from it, send an > email to [email protected]. > To view this discussion on the web visit > https://groups.google.com/d/msgid/tvornottv/nunjjb69tsucsui4lo45fogh.1714096467404%40email.android.com > <https://groups.google.com/d/msgid/tvornottv/nunjjb69tsucsui4lo45fogh.1714096467404%40email.android.com?utm_medium=email&utm_source=footer> > . > -- You received this message because you are subscribed to the Google Groups "TVorNotTV" group. 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