A California court has ordered a new sentence hearing for former film producer Harvey Weinstein amid a years-long legal battle<\/p>\n
A California appeals court has ordered a new sentencing hearing for former US film producer Harvey Weinstein while upholding his convictions for raping and sexually assaulting Russian-born model-actress Evgeniya Chernyshova. The original 16-year term was based \u201csolely on an aggravating factor that no longer exists,\u201d the court stated in a ruling on Friday.
\nThe disgraced Hollywood movie mogul, who was accused of sexual misconduct by dozens of women, was sentenced in 2023 for \u201cforcible oral copulation, sexual penetration by a foreign object and forcible rape\u201d of the actress during a film festival in Los Angeles in 2013.
\nDuring that sentencing hearing, Weinstein maintained his innocence, calling the Siberian-born actress\u2019 testimony a \u201cmade-up story,\u201d and claiming that she \u201cturned the tears on\u201d when she wept in the courtroom.<\/p>\n
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Friday\u2019s ruling states that although Weinstein raised \u201cnumerous contentions on appeal, including claims of evidentiary, instructional, prosecutorial, and sentencing error,\u201d the court has rejected his \u201cattempts to disturb the jury\u2019s guilty verdicts,\u201d while agreeing that he is entitled to a resentencing \u201cbecause the court imposed an upper term sentence based on a now-invalid aggravating factor.\u201d
\nThe aggravating factor was Weinstein\u2019s 2020 New York conviction, for which he was sentenced to 23 years in prison after being found guilty of raping former aspiring actress Jessica Mann and committing a criminal sexual act against former production assistant Miriam Haley. The trial judge relied on that conviction in imposing the maximum sentence in the Los Angeles case in 2023.
\nHowever, New York\u2019s highest court overturned the 2020 judgment in 2024, ruling that testimony from women whose allegations were not part of the criminal charges had unfairly prejudiced the jury. Prosecutors retried Weinstein, but two subsequent retrials ended with hung juries on the rape charge involving Mann.
\nNotably, on Thursday, New York prosecutors abandoned plans to try him a fourth time after Mann said she could not endure testifying again. Weinstein is still awaiting sentencing on his conviction for the sexual assault of Haley, with prosecutors seeking a 20-year prison term.<\/p>\n
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Weinstein\u2019s original 16-year California sentence was set to immediately follow the 23-year prison term he was then serving in New York. However, with that conviction overturned and the California sentence vacated, his total prison term has yet to be finalized. Weinstein remains incarcerated on Riker\u2019s Island in New York City.<\/p>\n","protected":false},"excerpt":{"rendered":"
A California court has ordered a new sentence hearing for former film producer Harvey Weinstein amid a years-long legal battle A California appeals court has ordered a new sentencing hearing…<\/p>\n","protected":false},"author":1,"featured_media":36849,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"rop_custom_images_group":[],"rop_custom_messages_group":[],"rop_publish_now":"initial","rop_publish_now_accounts":[],"rop_publish_now_history":[],"rop_publish_now_status":"pending","footnotes":""},"categories":[4,6,3],"tags":[],"class_list":["post-36848","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-economy","category-environment","category-politics"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/mongolianews.mn\/index.php?rest_route=\/wp\/v2\/posts\/36848","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mongolianews.mn\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mongolianews.mn\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mongolianews.mn\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/mongolianews.mn\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=36848"}],"version-history":[{"count":0,"href":"https:\/\/mongolianews.mn\/index.php?rest_route=\/wp\/v2\/posts\/36848\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/mongolianews.mn\/index.php?rest_route=\/wp\/v2\/media\/36849"}],"wp:attachment":[{"href":"https:\/\/mongolianews.mn\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=36848"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mongolianews.mn\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=36848"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mongolianews.mn\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=36848"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}