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.
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.
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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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”.
Image: 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.
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.
Alex Garland says while it’s “the most obvious statement about life on this planet” that the world would be a better place without war, it “doesn’t mean it should never happen”, and there are “circumstances in which war is required”.
The Oscar-nominated screenwriter and director told Sky News: “I don’t think it is possible to make a statement about what war is really like without it being implicitly anti-war, inasmuch as it would be better if this thing did not happen.
“But that’s not the same as saying it should never happen. There are circumstances in which war is required.”
Image: (L-R) Co-writers and co-directors Alex Garland and Ray Mendoza. Pic: A24
His latest film, Warfare, embeds the audience within a platoon of American Navy SEALs on an Iraqi surveillance mission gone wrong, telling the story solely through the memories of war veterans from a real 2006 mission in Ramadi, Iraq.
Garland says the film is “anti-war in as much as it is better if war does not happen,” adding, “and that is about the most obvious statement about life on this planet that one could make.”
Comparing it to ongoing geopolitical conflict across the world, Garland goes on: “It would be better if Gaza had not been flattened. It would be better if Ukraine was not invaded. It would it better if all people’s problems could be solved via dialogue and not threat or violence…
“To be anti-war to me is a rational position, and most veterans I’ve met are anti-war.”
The screenwriter behind hits including Ex Machina, 28 Days Later and The Beach says this film is “an attempt to recreate something as faithfully and accurately as we could”.
Image: The film opens to Swedish dance hit Call On Me. Pic: A24
‘War veterans feel invisible and forgotten’
Almost entirely based on first-person accounts, the 15-rated film opens with soldiers singing along to the video of Swedish dance hit Call On Me – complete with gyrating women in thong leotards.
It’s the only music in the film. The remaining score is made up of explosions, sniper fire and screams of pain.
Garland co-wrote and co-directed the film alongside Hollywood stuntman and gunfight coordinator Ray Mendoza, whom Garland met on his last film, Civil War.
Mendoza, a communications officer on the fateful mission portrayed in the film, says despite the traumatic content, the experience of making the film was “therapeutic”.
Mendoza told Sky News: “It actually mended a lot of relationships… There were some guys I hadn’t spoken to in a very long time. And this allowed us to bury the hatchet, so to speak, on some issues from that day.”
Turning to Hollywood after serving in the Navy for 16 years, Mendoza says past war film he’d seen – even the good ones – were “a little off” because they “don’t get the culture right”.
Mendoza admits: “You feel like no one cares because they didn’t get it right. You feel invisible. You feel forgotten.”
With screenings of Warfare shown to around 1,000 veterans ahead of general release, Mendoza says: “They finally feel heard. They finally feel like somebody got it right.”
As to whether it could be triggering for some veterans, Mendoza says decisively not: “It’s not triggering. I would say it’s the opposite, for a veteran at least.”
Image: D’Pharaoh Woon-A-Tai plays communications officer Ray. Pic: A24
‘I’m an actor – I love my hair’
A tense and raw 90-minute story told in real time, the film’s ensemble cast is made up of young buzzy actors, dubbed “all of the internet’s boyfriends” when the casting was first announced.
Mirroring the Navy SEALs they were portraying, the cast initially bonded through a three-week bootcamp ahead of filming, before living together for the 25-day shoot.
Black Mirror’s Will Poulter, who plays Eric, the officer in charge of the operation, says the film’s extended takes and 360-degree sets demanded a special kind of focus.
Poulter said: “It required everyone to practise something that is fundamental to Navy SEAL mentality – you’re a teammate before you’re an individual.
“When a camera’s roaming around like that and could capture anyone at kind of any moment, it requires that everyone to be ‘on’ at all times and for the sake of each other.
“It becomes less about making sure that you’re performing when the camera lands on you, but as much about this idea that you are performing for the sake of the actor opposite you when the camera’s on them.”
Another of the film’s stars, Reservation Dogs’ D’Pharaoh Woon-A-Tai, plays Mendoza and is the heart of the film.
Woon-A-Tai says the cast drew on tactics used by real soldiers to help with the intense filming schedule: “Laughter is medicine… A lot of times these are long takes, long hours, back-to-back days, so uplifting our spirit was definitely a big part of it.”
He also joked that shaving each other’s heads in a bonding ritual the night before the first day of filming was a daunting task.
“As actors, we love our hair. I mean, I speak personally, I love my hair. You know, I had really long hair. So yeah, it definitely takes a lot of trust. And you know, it wasn’t even at all, but you know it was still fun to do.”
“We’re fully on their side,” drummer Jimmy Brown told Sky News. “I think they shouldn’t give up, they should still be fighting.
“Working people shouldn’t have to take a reduction in their incomes, which is what we’re talking about here.
“We’re talking about people being paid less and it seems to me with prices going up, heating, buying food, inflation and rents going up then people need a decent wage to have a half decent life… keep going boys!”
Image: Members of the Unite union in Birmingham earlier this month. Pic: PA
Workers joined picket lines again on Thursday, with some fearing they could be up to £600 a month worse off if they accept the terms.
“We have total utter support for the bin men and all trade unions,” said guitarist Robin Campbell.
“The other side is always going to say they’ve made a reasonable offer – the point is they’re the ones who’ve messed up, they’re the ones who’ve gone bankrupt, they’re the ones now trying to reduce the bin men’s wages.”
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Lead singer Matt Doyle told Sky News: “It’s a shame that what we’re seeing is all the images of rats and rubbish building up, that is going to happen inevitably, but we’ve just got to keep fighting through that.”
About 22,000 tonnes of rubbish accumulated on the city’s streets after a major incident was declared last month by Birmingham City Council.
Image: Rubbish has blighted the city’s streets for weeks . Pic: PA
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Bin situation ‘pains me’ – council boss
On a visit to the city, local government minister Jim McMahon said the union and local authority should continue to meet in “good faith” and the government felt there was a deal that could be “marshalled around”.
He paid tribute to the “hundreds of workers” who have worked “around the clock” to clear the rubbish.
“As we stand here today, 85% of that accumulated waste has been cleared and the council have a plan in place now to make sure it doesn’t accumulate going forward,” said Mr McMahon.
Sky News understands talks are not set to resume until next week.
Drummer Zak Starkey has said he is “surprised and saddened” after parting ways with The Who following recent charity shows at the Royal Albert Hall.
The musician, who is the son of The Beatles drummer Ringo Starr and his first wife, Maureen Starkey, had been with the band since 1996, when he joined for their Quadrophenia tour.
He was introduced to drumming as a child by “Uncle Keith” – The Whodrummer and family friendKeith Moon, who died in 1978.
Earlier this week, the band issued a statement saying a “collective decision” had been made about his departure. It came after their Teenage Cancer Trust shows in March.
A review of one gig, published in the Metro, suggested frontman Roger Daltrey – who launched the annual gig series for the charity in 2000 – was “frustrated” with the drumming during some tracks.
“Filling the shoes of my Godfather, ‘Uncle Keith’ has been the biggest honour and I remain their biggest fan,” he said. “They’ve been like family to me.”
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In January, Starkey suffered a blood clot in his right leg and a performance with his other band Mantra Of The Cosmos – which also features Shaun Ryder and Bez from Happy Mondays, and Andy Bell of Ride and Oasis – was cancelled.
Referencing this in his statement to Rolling Stone, Starkey said: “I suffered a serious medical emergency with blood clots in my right bass drum calf. This is now completely healed and does not affect my drumming or running.”
He continued: “After playing those songs with the band for so many decades, I’m surprised and saddened anyone would have an issue with my performance that night, but what can you do?”
Starkey said he planned to “take some much needed time off with my family” and focus on the release of Mantra Of The Cosmos single Domino Bones, which features Noel Gallagher, as well as his autobiography.
“Twenty-nine years at any job is a good old run, and I wish them the best,” he added.
Starkey has also previously played with Oasis, Lightning Seeds and Johnny Marr.
While Daltrey starts a solo tour at the weekend, The Who have two shows planned for Italy in July but no full tour. Details of a replacement for Starkey have not been announced.