Harvey Weinstein’s 2020 rape conviction overturned by New York appeals court

Published

2 months ago

April 25, 2024

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Harvey Weinstein’s 2020 conviction for rape has been overturned, with a New York court ordering a new trial in the landmark “MeToo” case.

The state’s highest court found the judge at the trial prejudiced the ex-movie mogul with “egregious” improper rulings, including a decision to let women testify about allegations that were not part of the case.

In a 4-3 decision, it was decided Weinstein had not received a fair trial, with the court’s majority saying it was “an abuse of judicial discretion to permit untested allegations of nothing more than bad behaviour”.

One of the judges who voted against the decision, Judge Madeline Singas, said the majority was “whitewashing the facts to conform to a he-said/she-said narrative”.

She said the Court of Appeals was continuing a “disturbing trend of overturning juries’ guilty verdicts in cases involving sexual violence”.

Ms Singas added: “The majority’s determination perpetuates outdated notions of sexual violence and allows predators to escape accountability.”

The ruling by the Court of Appeals will mean a painful chapter in reckoning with sexual misconduct by powerful figures looks likely to be reopened.

It was an era that began in 2017 with a flood of allegations against the film producer dating back to the 1970s.

Weinstein‘s accusers could again be forced to relive their traumas on the witness stand.

The 72-year-old has been serving a 23-year sentence in a New York prison after being accused of sexually assaulting ex-production assistant Mimi Haleyi in 2006 and raping former aspiring actress Jessica Mann in 2013 following the landmark 2020 trial.

However, he will remain behind bars as he was also sentenced last year in Los Angeles to 16 years in prison for raping and sexually assaulting an actress in a Beverly Hills Hotel.

The Los Angeles conviction is not affected by Thursday’s decision in New York.

Manhattan district attorney Alvin Bragg – who is already involved in a hush money trial against former president Donald Trump – will now decide whether Weinstein will receive a retrial.

A spokesperson for Mr Bragg said in an email: “We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault.”

Douglas Wigdor, a lawyer who represented eight of Weinstein’s accusers said Thursday’s decision was a “major step back in holding those accountable for acts of sexual violence”, adding: “It will require the victims to endure yet another trial.”

Arthur Aidala, a lawyer for Weinstein, said the decision was a victory for the defendant and any American charged with a crime, “no matter how popular or unpopular they are”.

Actress Ashley Judd, one of the first women to publicly accuse Harvey Weinstein of sexual misconduct, condemned the decision as an “act of institutional betrayal” to survivors of male sexual violence.

Speaking at a press conference in New York, Judd said she was trying to get the UN involved as she advocates for Convention 190 which concerns the elimination of all forms of harassment and violence in the world of work.

Once considered the most powerful man in Hollywood, Weinstein was accused by dozens of women claiming he bullied, pressured, coerced, or overpowered them while demanding sexual favours.

Gwyneth Paltrow, Salma Hayek, and Lupita Nyong’o were some who accused Weinstein of sexual harassment, while actresses Asia Argento and Rose McGowan were among others who accused him of raping them.

He was also accused of reaching settlements to keep the stories quiet.

Weinstein had admitted his behaviour had “caused a lot of pain”, but has maintained his innocence throughout, saying any sexual activity was consensual.

The glut of allegations sparked #MeToo, a movement where alleged victims of sexual assault increasingly publicised their experiences, and many came forward against high-profile figures, especially in the entertainment industry.

Some states, including New York, California and New Jersey, responded to the campaign by passing laws that let women bring civil lawsuits seeking damages for sexual misconduct that occurred many years earlier even if the time limit had already passed.

But the stunning reversal of Weinstein’s conviction is the movement’s second major setback in the past two years after the US Supreme Court refused to hear prosecutors’ pleas to undo Bill Cosby’s 2018 sexual assault conviction that was overturned in 2021.

Weinstein co-founded the entertainment company Miramax in 1979 whose hit movies included Pulp Fiction, Flirting With Disaster and Shakespeare In Love.

He was ousted from his now-defunct firm, The Weinstein Company, in 2017 after the New York Times reported nearly 30 years of rape and sexual harassment allegations against him.

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Evan Gershkovich: US journalist seen with shaved head as he goes on trial in Russia for spying

Published

5 hours ago

June 26, 2024

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Evan Gershkovich: US journalist seen with shaved head as he goes on trial in Russia for spying

Evan Gershkovich has been seen with a shaved head as he went on trial behind-closed-doors in Russia accused of spying.

Reporters were allowed to briefly film the US journalist on Wednesday before the start of the hearing in the city of Yekaterinburg where he is charged with espionage, which he denies.

Mr Gershkovich was seen standing in a glass box wearing a black-and-blue checked shirt before the proceedings were closed.

The next hearing was set for 13 August.

The Wall Street Journal reporter was first arrested and detained in March 2023 after Russia claimed he had been “gathering secret information” on orders from the CIA.

The 32-year-old reporter, who has already spent nearly 15 months behind bars in Moscow’s notorious Lefortovo jail, faces up to 20 years in prison if found guilty.

Russian courts convict more than 99% of the defendants who come before them, and prosecutors can appeal sentences they regard as too lenient, and can even appeal acquittals.

Last week, the first details of the allegations against him emerged as it was claimed he was seeking details about Uralvagonzavod, a facility that produces and repairs military equipment, the prosecutor general’s office said.

The authorities have not publicly disclosed any evidence to back up the accusations.

The trial is due to take place behind closed doors – something Russia says is normal in espionage cases.

Kremlin claims reporter ‘collected secret information’ for CIA

Wall Street journalist Evan Gershkovich is on trial in Russia accused of spying.

He has been charged with espionage under article 276 of the criminal code of the Russian Federation.

It is alleged the 32-year-old, acting under instruction of the CIA “collected secret information” about the operation of Uralvagonzavod, a plant about 90 miles (150km) north of Yekaterinburg that produces and repairs tanks and other military equipment.

Mr Gershkovich, the US-born son of immigrants from the former Soviet Union, was arrested by officers of the FSB security service while he was on a reporting trip to the Ural Mountains on 29 March, 2023.

The Kremlin has stated – without publishing evidence – that he was caught “red-handed”.

If convicted Mr Gershkovich faces up to 20 years in jail.

The journalist, his newspaper – The Wall Street Journal – and the US strongly reject the allegations.

Washington has accused Russia of conducting “hostage diplomacy” and has designated Mr Gershkovich and another jailed American, Paul Whelan, as “wrongfully detained”.

Mr Gershkovich, his employer and the US government strongly deny the claims and Washington has designated him wrongfully detained.

Jay Conti, executive vice president and general counsel for Dow Jones, which publishes the Journal, described the trial as a sham, saying: “He was an accredited journalist doing journalism, and this is a sham trial, bogus charges that are completely trumped up.”

“Evan has done nothing wrong. He should never have been arrested in the first place. Journalism is not a crime,” US State Department spokesman Matthew Miller said last week.

He added: “The charges against him are false. And the Russian government knows that they’re false. He should be released immediately.”

The White House has sought to negotiate Mr Gershkovich’s release, but Russia’s foreign ministry said Moscow would consider a prisoner swap only after a trial verdict.

However, that could be months away, because Russian trials often adjourn for weeks.

While Russia-US relations are fraught over the war in Ukraine, the Kremlin and Washington did agree a high-profile prisoner exchange in 2022 that secured the release of basketball star star Brittney Griner, who was serving a lengthy sentence for cannabis possession.

Russian President Vladimir Putin has suggested Mr Gershkovic could be swapped in return for the release of Vadim Krasikov, a Russian imprisoned in Germany for assassinating a Chechen rebel leader in Berlin.

However, this would require the cooperation of Germany in a Russia-US dispute.

Mr Gershkovich, the American-born son of immigrants from the former Soviet Union, was the first US journalist detained on espionage charges since Nicholas Daniloff in 1986 at the height of the Cold War.

It followed a crackdown on freedom of speech after Mr Putin sent troops into Ukraine.

World

Jay Slater: Spanish police release new footage of search for missing teen

Published

8 hours ago

June 26, 2024

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Jay Slater: Spanish police release new footage of search for missing teen

Newly released footage shows the search for missing British teenager Jay Slater continues by both land and air.

The search for the 19-year-old from Lancashire, who is missing in Tenerife, has now entered its tenth day.

He has been missing since Monday 17 June.

The friends he was holidaying with last heard from him at around 8.30am that day.

He told them he planned to walk back to his accommodation after missing a bus – a journey of around 11 hours by foot.

The search currently centres on Masca, a mountainous area on the western tip of the island.

The village, which is home to around 90 inhabitants, lies at an altitude of 650m, and is where Mr Slater is believed to have been when he was last heard from.

Search continues

The footage from Spanish police comes after Mr Slater’s father said the family were being kept in the dark by some officers.

It shows a helicopter searching the mountainous area, with search teams on foot having been joined by sniffer dogs.

They then enter a wooded area and proceed to search the mountainous region.

In one clip, an officer uses binoculars to try and see if there are any signs of the missing teen.

The 35-second montage of clips was posted on the X social media platform on the Guardia Civil account.

“We continue with the search for the young British man missing in Tenerife,” police said in the post on Tuesday night.

“Different Guardia Civil units from the area participate, joined by agents, with their dogs specialised in searching for people, from Madrid.”

But The Times reports that the dogs have not been given a piece of Mr Slater’s clothing for them to pick up a scent.

Cadaver dogs have been trained to pick up the scent of human remains without the need for a specific prompt.

Mayor Emilio Jose Navarro told the Reuters news agency that some locals have been interviewed by police.

That includes some who claim they saw Mr Slater watching Euro matches on the coast.

World

Julian Assange formally admits spying charge as part of a plea deal with US authorities

Published

11 hours ago

June 26, 2024

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Julian Assange formally admits spying charge as part of a plea deal with US authorities

WikiLeaks founder Julian Assange has pleaded guilty to one count of espionage as part of a plea deal with US authorities.

His court appearance took place on the US territory of Saipan. He left the UK on Monday after being released on bail from Belmarsh high security jail.

Addressing the court, Assange said that he broke US law by encouraging classified leaks, but said he believed the Espionage Act violates free speech.

As per the deal, the judge sentenced Assange to time already served in a British prison and told him he would be able to leave court a free man.

The US request to extradite the WikiLeaks founder on spying charges has been dropped and he is now on his way to his home country of Australia to be reunited with his wife Stella and their two children, Gabriel and Max.

Mrs Assange posted on X after her husband walked out of court: “Julian walks out of Saipan federal court a free man. I can’t stop crying.”

WikiLeaks said Assange is expected to arrive in the Australian capital of Canberra at 6.41pm local time (9.41am GMT).

The 52-year-old arrived at court in a dark suit, with a loosened tie, after flying from Stansted Airport in London on a charter plane and stopping to refuel in Bangkok.

The flight cost him $500,000 (£394,000) with Mrs Assange calling for “emergency” donations to cover the “massive debt” for the jet.

She said her husband was “not permitted to fly commercial airlines or routes to Saipan and onward to Australia” and any contribution would be “much appreciated”.

Inside court, Assange answered basic questions from judge Ms Manglona and appeared to listen intently as terms of the deal were discussed.

As a condition of his plea, he will be required to destroy information that was provided to WikiLeaks.

Assange left court in a white SUV without speaking to reporters, but his lawyer Jennifer Robinson said it was because of support around the globe that “today’s outcome is possible”.

She said: “Julian has suffered for more than 14 years because of risk of extradition to the US… today he pleaded guilty to an offence for having published information in the public interest… this sets a dangerous precedent, this prosecution sets a dangerous precedent.”

Thanking Australian Prime Minister Anthony Albanese, Ms Robinson said he “did what he needed to do to ensure Julian’s freedom”.

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Mr Albanese has publicly supported Assange as leader of the Australian Labour Party and as prime minister. He said in a statement earlier on Wednesday: “Regardless of what your views about Mr Assange’s activities, his case has dragged on for too long.

“There is nothing to be gained from his continued incarceration and we want him brought home to Australia.”

The hearing took place in Saipan – the US Commonwealth territory – because of Assange’s opposition to travelling to one of the 50 US states and the court’s proximity to Australia.

The US department of justice said following his sentencing, Assange will leave the US and will be “prohibited from returning” without permission.

American prosecutors had alleged Assange put lives at risk when he helped former US Army intelligence analyst Chelsea Manning steal diplomatic cables and military files WikiLeaks put online in 2010.

He had been locked in a legal battle in the UK over his extradition, which included him entering the Ecuadorean Embassy in London in 2012 prior to his detention in Belmarsh – where he had been since May 2019.