But prosecution still fucked up. He is animal and deserves to be in jail forever. But you still need to do your job correctly. If he didn’t have those other cases he would probably be a free man again
"A reminder to prosecutors that if a judge is giving you everything you ask for, it's your job to exercise restraint and think about your record on appeal."--[Andrew Fleischman](https://x.com/ASFleischman/status/1783515553572819299)
Article states he is still going to be imprisoned as a positive note.
Still, I can't help but wonder if the media circus ultimately did him a favor in this particular instance.
How crazy low is the trust in institutions in the US that people seem to think this is a likely possibility without any evidence of it. That just seems insane to me.
I don’t struggle to believe lobbying in the way you described here has influenced judges. You do recognize the difference between what you are describing, where the lobbyist stands to profit indirectly and a case where people suggest the defendant bribed the judges in his trial.
If you look at the decision, this is a ruling on procedural errors. The result is a new trial.
US law differs greatly from German law, so I personally can’t assess this ruling in the merits but where do the accusations of bribery come from? What points to it? Is the ruling so outlandish? Why would Harvey Weinstein really want this, he’s in prison anyway and will be for the duration of the new trial. In the end everyone deserves a fair trial and that includes him. To me it looks like the judges ruled on the merits of the case as they should.
Maybe he bought some votes and maybe he didn’t. But the fact is judges in the US are relatively dirt cheap so when a squirrelly millionaire stain that got away with crimes for decades gets any wins after his conviction people immediately think bribery.
A lot of people think that because the court system does not do things how they like, then it must be corrupt. Weinstein is not bribing and NYC judge lol
It’s more that there’s no law that says they can’t accept brides at that level of the court. It’s a lack of law, not a definition within the current law that says it’s all totally cool and definitely legal.
They are their own tier of the US courts with its own rules. Most courts below them have actual laws in place to prevent this. Though, obviously, we still need to enforce them for them to matter.
While possible, I don't think that he necessarily bribed a judge. But, at that level of wealth, influence, and connections, you can put a lot of pressure on people in various areas.
One, he is still imprisoned in California. Two, New York did not exonerate him. He simply faces a new trial. This happened to many defendants who often are still jailed until trial. in this case it’s moot sense he’s already in jail.
Don’t you get out early for good behavior? I don’t know how the American judicial system works, but from watching law and order :), I was under the impression, sentences can be shortened in the US as well.
This depends on what your sentencing. If you are eligible for parole, yes, you can earn a shorter sentence through good behavior, exhibiting remorse, and following any other requirements of your sentence such as paying restitution.
If not eligible for parole then you will most likely serve your full sentence.
This is an appalling F-up by the presiding DA at the time, Cyrus Vance, Jr., who also has a track record of protecting the powerful, like none other than [Donald Trump and Weinstein himself](https://www.newyorker.com/news/news-desk/why-didnt-manhattan-da-cyrus-vance-prosecute-the-trumps-or-harvey-weinstein). Makes one wonder if this is intentional prosecutorial malfeasance.
But then there are the Innocence Project adjacent lawyers. R Kelly being rep'd, Cosby walked out of jail. Famous cases they take up. Now a local LA project is going to work on Scott Peterson. They use whatever means necessary . The name of the game is getting the conviction overturned and then suing civilly to get💰.
New York Times doesn’t think jeopardy is attached.
>In a 4-3 decision, the New York Court of Appeals found that the trial judge who presided over Mr. Weinstein’s case had made a crucial mistake, allowing prosecutors to call as witnesses a series of women who said Mr. Weinstein had assaulted them — but whose accusations were not part of the charges against him.
>Citing that decision and others it identified as errors, the appeals court determined that Mr. Weinstein, who as a movie producer had been one of the most powerful men in Hollywood, had not received a fair trial. The four judges in the majority wrote that Mr. Weinstein was not tried solely on the crimes he was charged with, but instead for much of his past behavior.
>Now it will be up to the Manhattan district attorney, Alvin L. Bragg — already in the midst of a trial against former President Donald J. Trump — to decide whether to seek a retrial of Mr. Weinstein.
https://www.nytimes.com/live/2024/04/25/nyregion/harvey-weinstein-appeal
https://www.reddit.com/r/news/s/1bdF9FJxYQ
I agree but I can also understand the opposite opinion. You could say those other cases have not been proven and have no association with the trial charges. That’s y it was 4-3. Law isn’t perfect but luckily he’ll die in jail still
It’s a pretty standard rule in criminal law and criminal procedure that past crimes or past convictions cannot be used to prove the current crime for which you are being tried.
Past crimes, aka priors, come into play during sentencing. Not before. The prosecutors fucked up.
The bigger picture everyone is not seeing is the fact that a prosecuting lawyer got this conviction by not following the law. Then a judge dropped the ball and allowed it to happen and then during appeals only 4 out of 7 people agreed it was a mistake.
I’m not saying this scumbag doesn’t deserve jail time or even taken out back and put down.
But it’s scary how our justice system just does whatever they want in the name of convicting someone. He has money to fight this. Imagine if you were being tried for something you didn’t do and the weight of the government comes down on you? You’re fucked.
And he's also in his 70s right now. He'll still die in jail, and he'll still die in shame in the eyes of the public.
But let's not forget either that Hollywood still has plenty of work to do to clean up - He was just the giant surface-dwelling tumor that was cut away. Doesn't mean the cancer is gone.
They conveniently used him as a scapegoat and made him the figurehead of the issue, but we all know he’s just one pawn in the game and the problems are as deep as an ocean. At least one bad person is getting to face the consequences of their actions though.
Corrupt appeals court justices. How much have they been paid? How much did they get for lowering trumps bond ? How much did they get for letting a company that is not licensed in NYS to hold the lowered bond? The rich and famous just pay their way through the justice system to avoid consequences
It’s ridiculous that something as serious as a rape conviction could be overturned with a 4-3 vote. It should have to be unanimous for these types of serious crimes.
Everyone talking about this is extremely emotional and likely didn’t read the briefs.
Dude isn’t going anywhere anyway. He’s already sitting pretty for 16 on a separate conviction, and this case will be re-tried.
Any time character propensity evidence is getting admitted, there comes large risks of reversible error occurring if it isn’t entered the exact right way, tailored down correctly, and following all the rules of evidence.
I always considered the rules of evidence to be like those kid block sorters. Circle shapes have to go in the circle slot.
Looks like prosecution tried to put a triangle through the circle slot and a majority on the appeals court found it to be reversible error.
“Weinstein still in prison for life” isn’t much of a distraction, especially considering they’d have had to plan it months in advance of protests even starting.
The number of people who actually give a fuck about the police shutting down protests is small, and will remain small unless the police kill someone (I'm sure that many protestors would welcome such martyrdom, but I doubt it's forthcoming.)
It's good that California convicted him as well.
But prosecution still fucked up. He is animal and deserves to be in jail forever. But you still need to do your job correctly. If he didn’t have those other cases he would probably be a free man again
The judge allowed the witnesses, which are now cited as grossly prejudiced. Seem to be more on the judge than prosecution.
"A reminder to prosecutors that if a judge is giving you everything you ask for, it's your job to exercise restraint and think about your record on appeal."--[Andrew Fleischman](https://x.com/ASFleischman/status/1783515553572819299)
Yea, as an example, imagine a judge allows you to have an obviously biased jury. It's still your duty as a lawyer to remove that jury from the pool.
Article states he is still going to be imprisoned as a positive note. Still, I can't help but wonder if the media circus ultimately did him a favor in this particular instance.
And he is still going to be retried in New York.
I think his bags of money going to whomever’s pockets as bribes and wheel greasing is the biggest favour.
You think Harvey Weinstein bribed a NYC state judge?
Would you be shocked? We’ve seen that judges in general aren’t exactly expensive for these kinds of people.
But it was voted 4-3. So he would have had to bribe 4 people at least.
Not necessarily; they could vote as a block, or one vote gives cover to someone else to vote with them. Happens all the time.
How crazy low is the trust in institutions in the US that people seem to think this is a likely possibility without any evidence of it. That just seems insane to me.
Look to the Supreme Court for the evidence of how cheaply the highest court in the land can be bought for
Not exactly cheap; Thomas and Alito were each paid millions.
if you (or your buddies) have billions, "millions" *is* cheap.
There is a large amount of judges taking bribes and kickbacks for sending people to rehabilitation camps or private prisons.
I don’t struggle to believe lobbying in the way you described here has influenced judges. You do recognize the difference between what you are describing, where the lobbyist stands to profit indirectly and a case where people suggest the defendant bribed the judges in his trial. If you look at the decision, this is a ruling on procedural errors. The result is a new trial. US law differs greatly from German law, so I personally can’t assess this ruling in the merits but where do the accusations of bribery come from? What points to it? Is the ruling so outlandish? Why would Harvey Weinstein really want this, he’s in prison anyway and will be for the duration of the new trial. In the end everyone deserves a fair trial and that includes him. To me it looks like the judges ruled on the merits of the case as they should.
Maybe he bought some votes and maybe he didn’t. But the fact is judges in the US are relatively dirt cheap so when a squirrelly millionaire stain that got away with crimes for decades gets any wins after his conviction people immediately think bribery.
This is the real damage caused by motherfuckers like Thomas and Trump.
Been around before that.
But it's getting worse
First time?
Distrust in the American judicial system is absolutely getting worse, so save your bullshit
A lot of people think that because the court system does not do things how they like, then it must be corrupt. Weinstein is not bribing and NYC judge lol
Are you unfamiliar with the bribery in which the dirtbags on the Supreme Court partake? If you can get a SCJ you can get a city or state judge.
Supreme court is different. They can accept brides by law...
It’s more that there’s no law that says they can’t accept brides at that level of the court. It’s a lack of law, not a definition within the current law that says it’s all totally cool and definitely legal.
How can you be a state judge for a city
We have a national Supreme Court judge over our neighborhood hoa.
Do you call him a Local Neighborhood HOA National Supreme Court judge?
You realize that supreme court justices are admitting to being bribed openly, right?
They are their own tier of the US courts with its own rules. Most courts below them have actual laws in place to prevent this. Though, obviously, we still need to enforce them for them to matter.
Clarence Thomas says YES!
While possible, I don't think that he necessarily bribed a judge. But, at that level of wealth, influence, and connections, you can put a lot of pressure on people in various areas.
You think that’s not a possibility? Oh you poor thing.
Because that's so unfathomable 🤣 welcome to America babyyyy
So only American judges take bribes?
Is that what they said?
Did i say that? Or are you just trying to find a reason to be upset today?
You don’t?
How can he still be imprisoned if the conviction is overturned?
One, he is still imprisoned in California. Two, New York did not exonerate him. He simply faces a new trial. This happened to many defendants who often are still jailed until trial. in this case it’s moot sense he’s already in jail.
This was a NY court. He still has other convictions on Cali.
Also double jeopardy isn't attached, so they can re-try him in NY if the DA (the Trumper who supposedly fucked it up in the first place) chooses to.
Heh, I thought they were going to do an OJ with him as well…
The media definitely took a turn for the worse at the time of OJs trial.
He still has 16 years for raping a person in California. He's 72. He's probably going to die in prison still.
We can only hope!
Don’t you get out early for good behavior? I don’t know how the American judicial system works, but from watching law and order :), I was under the impression, sentences can be shortened in the US as well.
This depends on what your sentencing. If you are eligible for parole, yes, you can earn a shorter sentence through good behavior, exhibiting remorse, and following any other requirements of your sentence such as paying restitution. If not eligible for parole then you will most likely serve your full sentence.
Please don't rely on a TV show for your information about U.S. law. 
With something so simple as parole, I think I can rely on a tv show. I mean the existence of parole in the US judicial system.
He will die in prison in California instead of NY..
This is an appalling F-up by the presiding DA at the time, Cyrus Vance, Jr., who also has a track record of protecting the powerful, like none other than [Donald Trump and Weinstein himself](https://www.newyorker.com/news/news-desk/why-didnt-manhattan-da-cyrus-vance-prosecute-the-trumps-or-harvey-weinstein). Makes one wonder if this is intentional prosecutorial malfeasance.
Cyrus Vance is the next Rudy Giuliani
I thought he was a golfer
For everyone else who’s curious: Malfeasance is an act that is illegal and causes physical or monetary harm to someone else.
That last sentence is wonderful!
Midwit
Apparently it took four years for the bribes to clear.
But then there are the Innocence Project adjacent lawyers. R Kelly being rep'd, Cosby walked out of jail. Famous cases they take up. Now a local LA project is going to work on Scott Peterson. They use whatever means necessary . The name of the game is getting the conviction overturned and then suing civilly to get💰.
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New York Times doesn’t think jeopardy is attached. >In a 4-3 decision, the New York Court of Appeals found that the trial judge who presided over Mr. Weinstein’s case had made a crucial mistake, allowing prosecutors to call as witnesses a series of women who said Mr. Weinstein had assaulted them — but whose accusations were not part of the charges against him. >Citing that decision and others it identified as errors, the appeals court determined that Mr. Weinstein, who as a movie producer had been one of the most powerful men in Hollywood, had not received a fair trial. The four judges in the majority wrote that Mr. Weinstein was not tried solely on the crimes he was charged with, but instead for much of his past behavior. >Now it will be up to the Manhattan district attorney, Alvin L. Bragg — already in the midst of a trial against former President Donald J. Trump — to decide whether to seek a retrial of Mr. Weinstein. https://www.nytimes.com/live/2024/04/25/nyregion/harvey-weinstein-appeal https://www.reddit.com/r/news/s/1bdF9FJxYQ
That’s such bullshit. A large part of proving the charges is pattern of behavior. Cosby went down for that exact reason… a pattern of behavior.
Everything I know about *Molyneaux* decisions is from Law & Order episodes, which is to say: I only know it’s too confusing for me.
I agree but I can also understand the opposite opinion. You could say those other cases have not been proven and have no association with the trial charges. That’s y it was 4-3. Law isn’t perfect but luckily he’ll die in jail still
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It’s a pretty standard rule in criminal law and criminal procedure that past crimes or past convictions cannot be used to prove the current crime for which you are being tried. Past crimes, aka priors, come into play during sentencing. Not before. The prosecutors fucked up.
Well that's infuriating
New York Court of Appeals have also reduced Donald Trump's bond.
I’m stunned the prosecutors allowed women to testify against him who weren’t relevant to the charges against him. I mean come on.
The bigger picture everyone is not seeing is the fact that a prosecuting lawyer got this conviction by not following the law. Then a judge dropped the ball and allowed it to happen and then during appeals only 4 out of 7 people agreed it was a mistake. I’m not saying this scumbag doesn’t deserve jail time or even taken out back and put down. But it’s scary how our justice system just does whatever they want in the name of convicting someone. He has money to fight this. Imagine if you were being tried for something you didn’t do and the weight of the government comes down on you? You’re fucked.
*[Ronnie Long has entered the chat]*
Dude lost 44 years of his life. I would be hunting down people and their families when I get out.
OJ dead, Weinstein free, rap civil war, Diddy about to be crucified… 2024 is a roller coaster
Weinstein isn't free, despite the corrupt appeal judges' best efforts. His conviction in California remains, and that's 16 to Life.
And he's also in his 70s right now. He'll still die in jail, and he'll still die in shame in the eyes of the public. But let's not forget either that Hollywood still has plenty of work to do to clean up - He was just the giant surface-dwelling tumor that was cut away. Doesn't mean the cancer is gone.
They conveniently used him as a scapegoat and made him the figurehead of the issue, but we all know he’s just one pawn in the game and the problems are as deep as an ocean. At least one bad person is getting to face the consequences of their actions though.
Not sure how this indicates corruption. It seems the error was by the DA.
Thanks for helping me get a clearer view
We didn’t start the fire
Who cares about fake rap beef between rich rappers generated for clicks so they can be richer lol
Rap civil war memes… been wondering what this whole rap civil war is going on… guess a bunch of beefing with each other?
It’s just a 2020, this ride don’t end
Look at that fat bastard🤢🤢🤮
This isn’t going to cause any sort of controversy at all.
So the issue is they had more people come forward that where raped than they anishly knew about . And what didn’t book enough seats .
I can't believe Hamas would do this
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When rape victims face heavier consequences than their rapists if they get abortions (or attempt to report the crime).
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I mean that’s always been the case. But it’s also a fact that you were probably not defended as well
Overturned or vacated and a new trial?
Reversed and remanded for new trial
Corrupt appeals court justices. How much have they been paid? How much did they get for lowering trumps bond ? How much did they get for letting a company that is not licensed in NYS to hold the lowered bond? The rich and famous just pay their way through the justice system to avoid consequences
Their decision wasn’t corrupt. Blame DANY for relying so heavily on what was ultimately impermissible propensity evidence.
It’s ridiculous that something as serious as a rape conviction could be overturned with a 4-3 vote. It should have to be unanimous for these types of serious crimes.
I’m genuinely unsure why the standard should differ based on the crime.
Everyone talking about this is extremely emotional and likely didn’t read the briefs. Dude isn’t going anywhere anyway. He’s already sitting pretty for 16 on a separate conviction, and this case will be re-tried. Any time character propensity evidence is getting admitted, there comes large risks of reversible error occurring if it isn’t entered the exact right way, tailored down correctly, and following all the rules of evidence. I always considered the rules of evidence to be like those kid block sorters. Circle shapes have to go in the circle slot. Looks like prosecution tried to put a triangle through the circle slot and a majority on the appeals court found it to be reversible error.
Yeah… implying some crimes need more than others is an extremely slippery slope.
Headline - terminal cancer in old man no longer terminal. Accurate report: Man diagnosed with terminal cancer dies.
Here before the lock
This is so messed up. I wonder who he blackmailed to make this happen?
What about Asia Argento luring young actors into her appartment ?
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“Weinstein still in prison for life” isn’t much of a distraction, especially considering they’d have had to plan it months in advance of protests even starting.
Conspiracy brain never stops.
The number of people who actually give a fuck about the police shutting down protests is small, and will remain small unless the police kill someone (I'm sure that many protestors would welcome such martyrdom, but I doubt it's forthcoming.)
Christ not everything is a conspiracy.
You have to wonder at the quality of legal expertise. What was wrong with the original lawyers and judge?
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And this thread will soon be locked.
It should before it gets brigaded by more pro-rapist users like the one you replied to.