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A California appeals court on Friday upheld Harvey Weinstein's 2022 rape and sexual assault conviction, but vacated his 16-year prison sentence and ordered the trial judge to resentence him. The unanimous three-judge panel of the California 2nd District Court of Appeal rejected Weinstein's attempts to overturn the guilty verdicts, while agreeing that the sentence had been improperly influenced by a New York conviction that was later thrown out.

"The sentence is vacated and the matter is remanded for re-sentencing," the court's online update read. "In all other respects, the judgment is affirmed." The judges wrote that Weinstein's trial judge did not violate his constitutional rights, adding: "We reject his attempts to disturb the jury's guilty verdicts."

The decision came a day after prosecutors in New York decided Weinstein would not face a fourth trial there, dropping the #MeToo-era case on Thursday after the accuser said she could not bear to testify again, as reported by The Guardian and The Hindu.

Coverage Comparison

All three outlets — Deutsche Welle, The Guardian, and The Hindu — reported the core facts of the appeals court's decision: the conviction was upheld, the sentence vacated, and a resentencing ordered. Each noted the timing relative to the New York prosecutors' decision. The Hindu added that Weinstein is awaiting a September sentencing in New York on his still-standing assault conviction, and that prosecutors are seeking a 20-year prison term, with the California sentence to be served afterward.

Deutsche Welle and The Hindu both included the statement from Weinstein's spokesperson, Juda Engelmayer, who said the team was disappointed and respectfully disagreed with the court's conclusions, but also acknowledged that the court correctly recognized the sentence could not stand. The Hindu further reported that Weinstein's lawyers had argued that the testimony of the head of a film festival was unfairly limited by the trial judge in his Los Angeles County trial.

The California decision came a day after prosecutors in New York decided Weinstein would not face a fourth trial there. The office of Manhattan District Attorney Alvin Bragg said Thursday that the accuser could not bear to testify again, according to Deutsche Welle.

Key Claims

  • Conviction upheld: The California appeals court unanimously upheld Weinstein's 2022 conviction on one count of rape and two counts of sexual assault against an Italian model and actor, known during the trial as Jane Doe 1. The court said the trial judge did not violate his constitutional rights.
  • Sentence vacated: The panel ordered resentencing because the lower court judge had considered New York convictions that were later thrown out as an aggravating factor. California's attorney general agreed with this reasoning.
  • New York case dropped: Prosecutors in New York decided not to pursue a fourth trial against Weinstein on a rape charge, with the accuser stating she could not testify again. The decision came on Thursday, a day before the California ruling.
  • Ongoing New York conviction: Weinstein remains convicted of another sexual felony in New York, with a September sentencing date pending. Prosecutors are seeking a 20-year term.
  • Weinstein's legal team response: Spokesperson Juda Engelmayer expressed disappointment and said the team would appeal to the California Supreme Court.
  • Background: More than 80 women have come forward with allegations of sexual assault or misconduct against Weinstein. He has denied the claims.