Harvey Weinstein is granted an APPEAL by court on rape conviction ‘after trial judge let witness testify about sex attacks mogul wasn’t charged with and juror lied about writing book on sexual predators’

  • Weinstein, 70, has been granted the right to appeal his 2020 conviction for rape, for which he was sentenced to 23 years
  • New York State of Appeals Chief Judge Janet DiFiore on Wednesday ruled that his appeal could proceed, with oral arguments next year before the entire court
  • Weinstein’s lawyer Arthur Aidala said they were grateful for the decision, which he said ‘acknowledged the unique legal issues in this case’
  • More than 80 women accused the Oscar-winning producer of sexual assault and harassment
  • Weinstein is currently in prison in Los Angeles, awaiting an October 11 trial on 11 counts of rape and sexual assault

Harvey Weinstein has been granted the right to appeal by New York State Court of Appeals, paving the way for oral arguments to be heard next year – and his 2020 conviction potentially overturned.

The 70-year-old was found guilty in 2020 of rape, and sentenced to 23 years. 

He insisted that his relations with the women were consensual. 

Wednesday’s ruling, from New York State of Appeals Chief Judge Janet DiFiore, means that oral arguments will be heard next year before the entire court, a court source told NBC News. 

The court could uphold or overturn his conviction, and Weinstein may be free on bail awaiting any retrial.

‘Harvey lives to fight another day,’ said his attorney, Arthur Aidala, speaking to Page Six. 

Weinstein has spent the majority of the last two years in an upstate New York prison, but is currently in a Los Angeles jail awaiting trial next month on 11 counts of rape and sexual assault.

Aidala said they were grateful for the decision, which he said ‘acknowledged the unique legal issues in this case.’ 

He added: ‘We are hopeful the entire court will find that Mr Weinstein did not receive a fair trial and reverse his conviction.’ 

Harvey Weinstein, once a titan of Hollywood, is seen in February 2020 arriving at Manhattan Criminal Court for his trial. He was convicted of rape and on Wednesday granted the right to appeal

The 70-year-old is pictured on July 29, 2021, during a pre-trial hearing ahead Los Angeles trial, on 11 counts of rape and sexual assault

Weinstein listens as his attorneys Mark Werksman, center, and Alan Jackson speak at a pre-trial hearing in Los Angeles on July 29, 2021

In June, the Appellate Division, First Department court rejected Weinstein’s appeal.

The five-judge panel found that trial judge Jim Burke’s actions were appropriate, and did not warrant overturning Weinstein’s conviction. 

The defense argues that Judge Burke allowed several witnesses to testify about acts that Weinstein was never charged with. 

Aidala said another issue was that ‘there was one juror who has written a book about sexual predators that she lied about during jury selection.’

He told Page Six: ‘This isn’t about whether [Weinstein] is innocent or guilty, but if he got a fair trial or not a fair trial. 

‘It’s about whether the trial judge followed the law.

‘We would hope we would get a decision in late spring, early summer of 2023.’

Jessica Mann, a former actress, is seen arriving for Weinstein’s sentencing on March 11, 2020. Her testimony was the basis for Weinstein’s rape conviction

Aidala said that Weinstein, who is now behind bars at the Twin Towers Correctional Facility in Los Angeles, was relieved to hear the decision. 

‘His mood was that of relief and he is very hopeful that these judges will rule that he did not get a fair trial. 

‘He has consistently maintained his innocence as he does today.’ 

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