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Anger over Harvey Weinstein’s rape conviction overturned as Manhattan prosecutor vows to retry case

Women who spoke out against Harvey Weinstein reacted angrily after the disgraced media mogul’s convictions for rape and sexual assault were overturned by a New York appeals court on Thursday.

Weinstein, 72, was found guilty of raping and assaulting two women in 2020 and is serving his 23-year sentence in a prison in upstate New York.

In a 4-3 decision on Thursday, New York State’s highest court found that the original trial judge made “egregious errors” by allowing prosecutors to call witnesses whose allegations had no connection to the charges at hand.

Weinstein was once one of Hollywood’s most influential and well-connected producers and made a number of Oscar-winning films. But behind the glamorous facade, the story was different. More than 80 women have accused him of abuse ranging from groping to rape. Although his conviction was overturned in New York, he is still convicted of rape in California.

The revelations surrounding Weinstein sparked the #MeToo movement in 2017, in which women from all walks of life came forward and spoke about their experiences of sexual harassment and assault.

Ashley Judd, here at a press conference on Thursday. She accused Harvey Weinstein of sexual harassment (PBS NewsHour)Ashley Judd, here at a press conference on Thursday. She accused Harvey Weinstein of sexual harassment (PBS NewsHour)

Ashley Judd, here at a press conference on Thursday. She accused Harvey Weinstein of sexual harassment (PBS NewsHour)

On Thursday, Ashley Judd, the first Hollywood actress to accuse Weinstein of sexual harassment, reacted angrily to the court’s decision.

“This is what it’s like to be a woman in America and live with male entitlement to our bodies,” she said at a press conference.

Mimi Haley, formerly Haleyi, was one of two women convicted of raping Weinstein in New York. She issued a statement through her attorney, Gloria Allred, who also represented two other women who testified.

“Although the victims have lost this battle, they have not lost the war,” said Ms. Allred The Independent. “We will continue to fight for justice for victims in criminal and civil cases until there is a fair trial not only for the accused but also for those who claim to have been victims of sexual assault.”

Ms. Haley would be willing to testify again if prosecutors filed a new case, Ms. Allred added.

“Although the testifying process was grueling and re-traumatizing for Mimi, she reiterated to me today that she would consider testifying again if District Attorney Alvin Bragg decides to retry Harvey Weinstein,” she said.

“I commend Mimi for her courage and willingness to continue to stand up for the truth.”

Harvey Weinstein, here before his trial in Manhattan Criminal Court in 2020. He still faces a 16-year prison sentence in California (AP)Harvey Weinstein, here before his trial in Manhattan Criminal Court in 2020. He still faces a 16-year prison sentence in California (AP)

Harvey Weinstein, here before his trial in Manhattan Criminal Court in 2020. He still faces a 16-year prison sentence in California (AP)

Ambra Battilana Gutierrez, a model who accused Weinstein of groping her, sharply criticized the court’s decision and called on Manhattan District Attorney Alvin Bragg to seek a retrial.

“This is a continued failure of the justice system – and the courts – to take survivors seriously and protect our interests,” she posted on Instagram.

Ms. Gutierrez urged New York State lawmakers to advance the Adult Survivors Act, which would allow sexual assault cases to be tried even after the statute of limitations has expired.

Katherine Kendall, an actress who testified that Weinstein groped her in his New York home, said she only woke up to the news on Thursday.

“I feel more than ever how important it is to break the silence about sex offenders and continue to support victims when they speak out,” she also posted on her Instagram account.

While the majority of the appeals court judges ruled in Weinstein’s favor, three of the seven judges issued a scathing dissent.

Model Ambra Battilana Gutierrez, pictured here speaking after the Harvey Weinstein trial in 2020, called the decision part of an “ongoing failure” (Getty Images)Model Ambra Battilana Gutierrez, pictured here speaking after the Harvey Weinstein trial in 2020, called the decision part of an “ongoing failure” (Getty Images)

Model Ambra Battilana Gutierrez, pictured here speaking after the Harvey Weinstein trial in 2020, called the decision part of an “ongoing failure” (Getty Images)

“The majority finds that fundamental misconceptions about sexual violence perpetrated by men who know and have significant influence over the women they victimize are evident,” wrote Judge Madeline Singas.

Many of the women’s lawyers also condemned the decision. Lindsay Goldbrum, who represented six women against Weinstein, called the decision a “step backwards for the rule of law” and said it could deter future victims of sexual violence from coming forward.

Weinstein’s lawyer Arthur Aidala praised the court for its decision Thursday, saying his client was “tried based on his character, not the evidence.”

“Today’s verdict is a great day for America,” he said at a press conference outside the criminal court in Manhattan.

Tarale Wulff, pictured here after Weinstein's trial in 2020, testified that the former producer raped her (AFP via Getty Images)Tarale Wulff, pictured here after Weinstein's trial in 2020, testified that the former producer raped her (AFP via Getty Images)

Tarale Wulff, pictured here after Weinstein’s trial in 2020, testified that the former producer raped her (AFP via Getty Images)

The appeals court’s decision means Weinstein, who is incarcerated at the Mohawk Correctional Facility in Rome, New York, is now entitled to a new trial.

However, that doesn’t mean he’s walking free. He was also convicted of rape in California and sentenced to 16 years in prison in 2022.

However, he will not be extradited to California immediately. Weinstein will be transferred to another facility, probably in New York City, said his spokesman Juda Engelmayer. The IndependentThere he will wait for news of whether Mr Bragg intends to bring the case back to court.

Manhattan District Attorney Alvin Bragg has announced that he will retry Weinstein in New York.

“We will do everything in our power to reopen this case and remain true to our commitment to victims of sexual assault,” a spokesman for Mr. Bragg’s office wrote in a statement to The Independent.