Harvey Weinstein's first rape conviction should be overturned because he was made into a “poster child” of the MeToo movement, a court heard today.
The disgraced Hollywood producer's lawyers argued before an appeals court on Valentine's Day, claiming he did not receive a fair trial in New York in 2020.
Arthur Aidala claimed that Weinstein's character, not the evidence, was the focus of the case.
The disgraced Hollywood producer's lawyers argued before an appeals court on Valentine's Day, claiming he did not receive a fair trial in New York in 2020.
The allegations amounted to “a man courting a woman” because the relationships were consensual, Aidala told the appeals court in Albany, New York.
It was wrong to allow three more accusers to testify because Weinstein's intent was clear, he claimed.
In an extraordinary moment, Aidala said, “What was his intention? It's not to make macaroni and cheese, it's to sexually abuse her!”
Weinstein, 71, who is in poor health, is serving a 23-year prison sentence after being convicted of sexual assault and rape in a 2020 trial in Manhattan.
Weinstein was sentenced to an additional 16 years in prison in Los Angeles in February last year after being convicted of three counts of rape and sexual assault.
Arthur Aidala claimed that Weinstein's character, not the evidence, was the focus of the case.
If Weinstein, who once ruled Hollywood and won 81 Academy Awards, doesn't win his appeals on both counts, he will likely die in prison.
The hearing was held 100 miles from the Mohawk Correctional Facility, where Weinstein is serving his sentence.
Aidala told the court that the conviction was unfair because Judge James Burke allowed three other women to testify about previous bad acts, known as Molyneaux witnesses.
He said that “our client did not receive a fair trial” and described the case as “essentially a case of a man courting a woman” because it was consensual.
In an extraordinary moment, Aidala said, “What was his intention? It's not to make macaroni and cheese, it's to sexually abuse her!”
The admission of the additional witnesses “should not have been allowed” because there was “no ambiguity” about the alleged conduct.
Raising her voice, Aidala described how Mimi Haleyi, one of Weinstein's victims, screamed and screamed “no, no, no.”
Judge Madeline Singas responded: “Don’t you fundamentally misunderstand the nature of this sexual assault?”
Aidala said that wasn't the case.
He said: “Because he (Weinstein) became the figurehead of a movement, he has a different standard.”
According to Aidala, Weinstein's “character was on trial, not the evidence.”
Aidala insisted that allowing Haleyi to describe 10 additional sexual acts with Weinstein was a “textbook abuse of discretion.”
Aidala told the court that the conviction was unfair because Judge James Burke allowed three other women to testify about previous bad acts, known as Molyneaux witnesses
This made him look like a “bad guy”.
Aidala also objected to Juror 11 writing a book about a predatory man while serving as a juror.
Aidala raised his voice again and said, “We're getting more information, this book is about a predatory man.” He confronts her about it and she basically says I lied. I was wrong, I wasn't sure, I didn't know what you meant. “It was a very simple question.”
Steven Wu, the appeals director for the Manhattan district attorney, argued that Weinstein held an “exalted” position in Hollywood and was abusing that position.
“He had a habit of approaching these women and making propositions to them… the repetition of the unlawful conduct makes an innocent explanation unlikely.”
Weinstein's fall from grace began in 2017 amid the MeToo movement, which targeted prominent men with a history of sexual misconduct
Wu said the additional witnesses were brought in to show that “young women were willing to enter into certain types of relationships with him, but still did not consent to sexual acts.”
The judges will make their decision at a later date.
Weinstein's fall from grace began in 2017 amid the MeToo movement, which targeted prominent men with a history of sexual misconduct.
His trial in New York was probably the most famous and his conviction was considered a turning point for women's rights.
Among those who testified at his trial in Los Angeles was Jennifer Siebel Newsom, the wife of California Gov. Gavin Newsom.
She repeatedly broke down in tears as she described how Weinstein raped her in a Beverly Hills hotel in 2005, when she was still an aspiring actress.
During cross-examination, Weinstein's lawyer Alan Werksman tried to claim that the accusers had consensual relationships with him to further their careers and branded them “seekers for fame and fortune.”
Weinstein was sentenced in February to 16 years in prison in his sexual assault case in LA, in addition to his previous 23-year sentence for a rape conviction in New York City (NYC), and was originally held at Wende Correctional (pictured).
He called Ms. Siebel Newsom, a documentary filmmaker, a “bimbo” and said her frequent crying during her testimony was a “theatrical, overly dramatized performance.”
In another emotional moment, Aidala said he was “a little offended” by Wu's argument.
He said it amounts to saying that “all women react the same way” and that if a high school senior is rejected on a prom date, he should expect that all the other women will reject him as well.
“All women are different,” Aidala said. “This is against humanity!”
Aidala claimed Weinstein was “begging to tell his side of the story” until the judge allowed the additional witnesses.
He continued: “They tested his character so much that they stripped him naked, took pictures and gave them to the jury. 'Literally!'
During the trial, jurors were actually shown photos of Weinstein's naked body with blackheads to support his accusers.
Aidala said the Manhattan District Attorney's Office has set up a tip line called “1-800 Get Harvey.”
He called on the court to restore its faith in the justice system and concluded by saying, “Your Honor, Happy Valentine's Day.”