Harvey Weinstein Appeals 2022 Rape Conviction in Los Angeles

Harvey Weinstein's legal team presented arguments on Thursday in Los Angeles, seeking to overturn his 2022 rape conviction. Weinstein, 74, was sentenced to 16 years for raping an Italian model at the Mr. C Hotel in Beverly Hills in February 2013. His attorney, Jennifer Bonjean, contended that the trial court improperly excluded critical evidence, specifically salacious Facebook messages between the victim and Pascal Vicedomini, the owner of an Italian film festival. Bonjean asserted that this evidence was pivotal in demonstrating that the victim was with Vicedomini, not Weinstein, on the night of the incident, which she claimed could have significantly bolstered the defense's case.

Variety Magazine

In contrast, Deputy Attorney General David Glassman argued that the defense had ample opportunity to present its case regarding the alleged affair and that the messages were irrelevant to the core issue of whether the victim was raped. He emphasized that the inclusion of such evidence would violate California's rape shield law, which restricts inquiries into a victim's sexual history.

Variety Magazine

The appellate judges—Michelle Kim, Gregory Weingart, and Helen Bendix—expressed skepticism towards Weinstein's arguments. They highlighted that Weinstein's trial lawyers had not objected to the exclusion of the messages, which could limit his ability to raise this issue on appeal. Judge Bendix pointed out that Vicedomini's testimony was crucial for Weinstein's alibi, questioning Bonjean's rationale for excluding it.

Variety Magazine

Weinstein's legal troubles are extensive, with his previous rape conviction in New York being overturned by the state's highest court due to the introduction of prejudicial testimony from women whose allegations were not formally charged. This history of legal challenges has led to multiple trials, including the current proceedings in Los Angeles.

Variety Magazine

Critics of Weinstein's defense strategy have noted that the focus on the victim's alleged relationship with Vicedomini may detract from the central issue of consent. Glassman characterized the defense's reliance on "salacious messaging" as irrelevant to the case's contested issues, suggesting that it could undermine the seriousness of the allegations against Weinstein.

Variety Magazine

Weinstein is currently facing a fourth rape trial in New York, related to one of the counts that was previously overturned. The outcome of the appeal in Los Angeles remains uncertain, with the appellate judges' skepticism potentially impacting the decision.

Variety Magazine

• “The lower court all but gutted Mr. Weinstein’s defense,” — Jennifer Bonjean, Attorney for Harvey Weinstein

Variety Magazine

• “It doesn’t apply to any contested issue in the case.” — David Glassman, Deputy Attorney General

Variety Magazine

• “He was key to your alibi,” — Judge Helen Bendix, addressing Weinstein's attorney

Variety Magazine