Entertainment

Harvey Weinstein's NY judge shouldn't have allowed 'prejudicial' testimony from women who said they, too, had been abused: appeals court

Harvey
Harvey Weinstein arrives with his attorney Donna Rotunno criminal court on February 19, 2020 in New York City. Jeenah Moon/Getty Images; Chelsea Jia Feng/BI
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Harvey Weinstein's sex crimes conviction was overturned Thursday by the New York Court of Appeals, which found that he hadn't gotten a fair trial.

In its 4-3 decision, the appeals court found Weinstein's trial judge had erred in allowing accusers who were not listed as a part of the criminal charges against him to testify about their own experiences.

"We conclude that the trial court erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants," the appeals court said in part, calling the testimony in question "irrelevant, prejudicial, and untested allegations of prior bad acts."

It will be up to the Office of Manhattan District Attorney Alvin L. Bragg, which brought the flash point #MeToo case against Weinstein, to retry the case. If that happens, the sexual assault survivors involved will have to relive the experience of testifying at trial.

"We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault," a spokesperson from the district attorney's office said.

Weinstein's lawyer, Arthur Aidala, who represented the ex-movie mogul in his New York appeal, said at a press conference Thursday that he "knew that Harvey Weinstein did not get a fair trial."

Following his conviction in New York, a Los Angeles court in 2023 sentenced Weinstein to an additional 16 years in prison — which he continues to face despite his successful appeal in New York.

He had been found guilty there of three counts of sexual assault and rape.

The founder and president of RAINN, the anti-sexual violence organization, said in a statement that he supported calls for the New York case to be retried.

"Overturning the conviction of Harvey Weinstein is a horrible decision that does not protect due process—it upends justice for the survivors of his crimes," RAINN's Scott Berkowitz said. "Harvey Weinstein was fairly convicted and deserves to be punished for all his crimes."

Berkowitz also issued support for "the survivors who bravely testified against Weinstein and are now seeing that bravery turned into a legal loophole."

Weinstein's lengthy list of accusers included Hollywood household names like Gwyneth Paltrow, Angelina Jolie, Ashley Judd, Lupita Nyong'o, and Rose McGowan.

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Geoff Weiss
Geoff Weiss is a senior reporter on Business Insider’s tech team, where he covers Nvidia and AI infrastructure. His reporting focuses on the business of AI compute, emerging startups, and the people and strategies shaping the industry.Previously, Geoff was on the media desk, covering YouTube and Netflix, and themes like the intersection of Hollywood and the creator economy. His work on Netflix’s video podcasting ambitions and Mr Beast’s lessons for Hollywood won second and first prize, respectively, at the 2025 LA Press Club Awards.Prior to joining Business Insider, Geoff was the senior editor of Tubefilter and a staff writer at Entrepreneur. He graduated from New York University with a degree in English Literature.He can be reached at gweiss@jkmperu.com, on Signal @geoffweiss.25, and on LinkedIn. Have a tip? Use a personal email address and a nonwork device; here's our guide to sharing information securely.
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Natalie Musumeci
Natalie is a senior reporter on Business Insider's Business News team covering the AI and data center boom.She was previously on BI's Legal Affairs team, where she handled major cases coming out of state and federal court, as well as bankruptcy. Her coverage often focused on stories at the intersection of law, business, politics, and technology. Natalie has covered Donald Trump’s criminal and civil cases, the wave of lawsuits against the second Trump administration, the indictment and criminal trial of Sean “Diddy” Combs, the shooting death of UnitedHealthcare CEO Brian Thompson, and the legal battles facing Elon Musk and his companies. Natalie came to Business Insider in June 2021 as a breaking news reporter, focusing on the most interesting angles on the day's trending news. Natalie largely drove BI’s coverage around the fatal “Rust” shooting involving Alec Baldwin and the disappearance and murder of Gabby Petito.Prior to joining BI, Natalie worked for the New York Post, the New York Daily News, and The Brooklyn Paper. She has an extensive background covering crime and courts. During her more than 12-year journalism career, she did a stint covering the police beat out of the New York Police Department's headquarters. Natalie, a Brooklyn native, graduated from Brooklyn College in 2012 with a degree in journalism. 
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