Few who attended Mr. Weinstein’s New York trial two years ago and heard testimony from several women who said they were assaulted and raped by Mr. Weinstein would not be convinced of his guilt. . Still, the 4-3 decision by the New York Court of Appeals appears to be the right decision for the court’s supporters.
The basis for the reversal was that Chief Judge James M. Burke mistakenly allowed testimony from a woman who was not included in the charges in the case. Their story, based solely on their version, was deemed so prejudicial that Weinstein was denied a fair trial.
The decision likely would have been relatively uncontroversial if it weren’t for the high profile of the defendants and some of those who testified and corroborated them outside of court, including actresses Gwyneth Paltrow and Ashley Judd. The combination of Hollywood and movie stars whets our appetite for scandal, not to mention power differentials, and fuels our desire for headline-worthy justice.
Weinstein has always maintained that all of his sexual “relationships” were consensual, but the practicalities between the young actor hoping for a movie role and the man who held the keys to his kingdom The distance is as big as a crack. By today’s definition of workplace sexual dynamics, there can be no credible consent between Weinstein and the struggling actor. (Or, for that matter, between the President of the United States and a young intern.)
Mr. Weinstein’s lawyers made an important point, and a majority of the New York Court of Appeals agreed. Witness testimony about “past wrongdoing” should not have been allowed because it “does not need to prove the defendant’s intent and serves only to prove the defendant’s propensity for criminal conduct,” the court said. the crime for which he was charged. ”
It pains me to say this, but frankly, this appellate decision appears to be encouraging for those unlucky enough to end up in the criminal justice system. Even if we assume that all the women were telling the truth, it is equally possible that this is not the case in the absence of evidence. In theory. Nearly 100 women have also come forward about Mr. Weinstein’s sexual predation, but such claims cannot be accepted as “evidence” of alleged crimes.
Additionally, evidence of prior bad conduct is typically not allowed at trial, although the presiding judge has wide discretion as to what is allowed. If the judge makes the same decision as Mr. Burke, there is a risk that it will lay the groundwork for a defense appeal.
In a high-profile case I recently covered, the double murder trial of Alex Murdaugh in South Carolina, the judge admitted evidence and witness testimony related to separate charges of financial crimes. Although these were beyond the scope of a murder trial, lead prosecutor Clayton Waters persuasively argued that financial crimes were essential to establishing the defendant’s character, or lack thereof.
Judge Clifton Newman did not issue this sentence lightly. Before sentencing, he ordered a trial run, so to speak, of financial crime witnesses and testimonies while the jury was excused. From what I remember, this took at least 2 days. Murdaugh’s convictions on both murder charges are being appealed, but perhaps assuming Newman’s mock trial includes this point would blunt the effectiveness of his lawyers’ appeals on this point.
Now #MeToo is reeling from its second major court defeat. The first was the release of comedian Bill Cosby in June 2021 after the Pennsylvania Supreme Court vacated his 2018 conviction on sexual assault charges. He was sentenced to three to 10 years in state prison for drugging and sexually assaulting Andrea Constand in his home in 2004. As one of his accusers summed up the widespread consensus, reversing the verdict on a technicality does not exonerate him.
The same is certainly true of Weinstein, but even rapists deserve a fair trial. The Cosby-Weinstein verdicts taught us a few things. Women who have been assaulted need to gather evidence and consult a doctor or lawyer as soon as possible, rather than waiting years. Without solid evidence, it is very difficult to bring such a case and the chances of a successful appeal are very high.
#MeToo, on the other hand, has taught us that women never have to be alone in their trauma again. There is no shame in being a victim. And would-be perpetrators should realize that using power to take advantage of the weak is not only a sin, but also a crime.
For now, Weinstein and Cosby have been lucky, but karma is patient. Their day will come.
