Harvey Weinstein appeals against LA rape conviction – weeks after New York case overturned
Harvey Weinstein has appealed against his LA rape conviction, six weeks after his separate New York rape conviction was overturned.
Lawyers for the 72-year-old disgraced film producer say he didn’t get a fair trial in the 2022 California case, where he was convicted of rape and sexual assault, which resulted in a 16-year jail sentence.
He is requesting a new trial.
Weinstein’s landmark 2020 New York conviction saw him handed a 23-year prison sentence and kickstarted a global #MeToo movement – but in April it was overturned by the state’s highest court.
It was ruled that the hearing had been prejudiced by “egregious” improper rulings by the judge, including a decision to let women testify about allegations that were not part of the case.
Accordingly, Weinstein could potentially face a new trial in New York.
Now, in this appeal against his California conviction, Weinstein’s lawyers claim he “stands wrongfully convicted of sexually assaulting Jane Doe 1”.
LA appeal documents, seen by Sky News’s US partner NBC, also make additional allegations. They claim evidence was wrongly excluded from the trial, showing that the model and actor Weinstein was convicted of raping had a sexual relationship with the director of a film festival. Weinstein and the actor were in LA for the festival.
The documents also say the judge was wrong to allow jurors to know about Weinstein’s previous, now-vacated conviction in New York, and that in a similar situation to his now-overturned New York conviction, the jury was unfairly prejudiced by testimony from women about alleged assaults he was not charged with.
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Actor ‘confident’ appeal will fail
At his California trial, Weinstein was charged with sexually assaulting four women, but a jury convicted him of an attack on just one, Evgeniya Chernyshova, who testified that Weinstein appeared uninvited at her hotel room during the LA Italia Film Festival in 2013.
Weinstein’s lawyers argue that Superior Court Judge Lisa B Lench was wrong to prevent his defence from showing the jury Facebook messages that showed Chernyshova and the festival’s founder, Pascal Vicedomini, had a sexual relationship.
They also argue that a lawsuit filed by Chernyshova shortly after the verdict demonstrates that they should have been allowed to question whether she had financial motives in the state’s outcome.
Chernyshova’s team have said they are “confident Weinstein’s appeal will be denied,” accusing him of making “the same tired arguments that he previously made multiple times, without success, to the trial court”.
Pic: Reuters
Weinstein has hired appellate attorneys following his sentencing, including Jennifer Bonjean – a Chicago-based lawyer who helped Bill Cosby get his sexual assault conviction overturned in 2021.
Weinstein’s team said he is “entitled to a new trial where his constitutional rights are safeguarded, where he is permitted to present evidence of his innocence, and where his conduct is on trial – not his character”.
The prosecution has until 6 August to file its response to the appeal.
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Weinstein, who has had cardiac issues, diabetes, sleep apnoea and eye problems, has been described by his lawyer Arthur Aidala as “somewhat of a train wreck health-wise” but still “sharp as a tack” mentally.
Once considered the most powerful man in Hollywood, he has admitted his past behaviour “caused a lot of pain”, but has maintained his innocence throughout, saying any sexual activity was consensual.
He is currently in jail in New York.
Entertainment
Robin Kaye: American Idol TV executive and her husband shot dead inside their Los Angeles home
An American Idol TV executive and her husband have been found dead in their LA home.
Robin Kaye was a music supervisor on the long-running reality TV series.
The bodies of the 70-year-old and her husband Thomas were discovered after officers conducted a welfare check at their home.
Both had died from gunshot wounds.
Robin Kaye and her husband Thomas. Pic: Facebook
Detectives say Raymond Boodarian has been arrested in connection with their deaths.
It is alleged the 22-year-old had burgled their property while they were away on 10 July – killing the couple upon their return.
According to Los Angeles Police, there were “no signs of forced entry or trouble” at the property.
Ms Kaye was an industry veteran – and had previously worked on shows including Lip Sync Battle and The Singing Bee, as well as several Miss USA and Miss Universe pageants.
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Pic: ABC7 Los Angeles
In a statement, an American Idol spokesperson said: “Robin has been a cornerstone of the Idol family since 2009 and was truly loved and respected by all who came in contact with her.
“Robin will remain in our hearts forever and we share our deepest sympathy with her family and friends during this difficult time.”
Entertainment
Action taken to stop ticketless Oasis fans from watching this week’s shows in Manchester
Huge steel fences have been erected to prevent ticketless fans from watching the Oasis reunion tour in Manchester.
Liam and Noel Gallagher will resume their sold-out run of shows – their first since 2009 – with a performance at Heaton Park tonight, and two more on Saturday and Sunday.
While tens of thousands bought tickets for Oasis’s first two shows last weekend, crowds gathered to glimpse the large screens above the stage in the distance – in an area dubbed “Gallagher Hill” by some on social media.
People walk past a temporary security fence erected ahead of concerts by Oasis in Heaton Park on 1 July. Reuters file pic
Manchester City Council has now said more steel fences have been erected around parts of the park to prevent ticketless fans from watching the gigs, and to protect nature in the park.
“After taking stock of how the first two nights went, additional measures have now been deemed necessary and will be in place for the next three concerts,” it said.
“The erection of the fencing has a dual purpose – both to protect the environment from further damage and to dissuade people from gathering there.
“The necessary measure means the concert will no longer be visible from this area.”
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Friday: Excited fans at Oasis homecoming gig
The fences will cover a large area of the hill within the park’s cattle field, which is being developed as a new woodland area with around 300 young trees planted.
The council added that there would be no facilities for people without a ticket, and said the event area is “double-walled with solid high security fencing all the way round”.
More than 2,000 event security staff and police officers will also be on duty around the site “to ensure both the safety and wellbeing of ticket-holders and that only those who have tickets access the concert”, it said.
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John Hacking, the council’s executive member for employment, skills and leisure, also said in a statement that “unfortunately our hand has been forced in having to put these additional measures in place”.
He added: “Our advice to music fans who don’t have tickets for the concerts is to head into the city centre instead.
“The whole city is going all out to celebrate and help everyone have a good time.
“We’ve got some fantastic things going on with a real party atmosphere for everyone to enjoy, whether they’ve got tickets for the Oasis gigs or not.”
MasterChef presenter John Torode will no longer work on the show after an allegation he used an “extremely offensive racist term” was upheld, the BBC has said.
His co-host Gregg Wallace was also sacked last week after claims of inappropriate behaviour.
On Monday, Torode said an allegation he used racist language was upheld in a report into the behaviour of Wallace. The report found more than half of 83 allegations against Wallace were substantiated.
Torode, 59, insisted he had “absolutely no recollection” of the alleged incident involving him and he “did not believe that it happened,” adding “racial language is wholly unacceptable in any environment”.
John Torode and Gregg Wallace in 2008. Pic: PA
In a statement on Tuesday, a BBC spokesperson said the allegation “involves an extremely offensive racist term being used in the workplace”.
The claim was “investigated and substantiated by the independent investigation led by the law firm Lewis Silkin”, they added.
“The BBC takes this upheld finding extremely seriously,” the spokesperson said.
“We will not tolerate racist language of any kind… we told Banijay UK, the makers of MasterChef, that action must be taken.
“John Torode’s contract on MasterChef will not be renewed.”
Australian-born Torode started presenting MasterChef alongside Wallace, 60, in 2005.
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Why Gregg Wallace says he ‘will not go quietly’
A statement from Banijay UK said it “takes this matter incredibly seriously” and Lewis Silkin “substantiated an accusation of highly offensive racist language against John Torode which occurred in 2018”.
“This matter has been formally discussed with John Torode by Banijay UK, and whilst we note that John says he does not recall the incident, Lewis Silkin have upheld the very serious complaint,” the TV production company added.
“Banijay UK and the BBC are agreed that we will not renew his contract on MasterChef.”
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Earlier, as the BBC released its annual report, its director-general Tim Davie addressed MasterChef’s future, saying it can survive as it is “much bigger than individuals”.
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BBC annual report findings
Speaking to BBC News after Torode was sacked, Mr Davie said a decision is yet to be taken over whether an unseen MasterChef series – filmed with both Wallace and Torode last year – will be aired.
“It’s a difficult one because… those amateur chefs gave a lot to take part – it means a lot, it can be an enormous break if you come through the show,” he added.
“I want to just reflect on that with the team and make a decision, and we’ll communicate that in due course.”
Mr Davie refused to say what the “seriously racist term” Torode was alleged to have used but said: “I certainly think we’ve drawn a line in the sand.”
In 2022, Torode was made an MBE in the Queen’s Birthday Honours, for services to food and charity.
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