Weinstein’s Conviction Overturned: Impact on Future Me Too Cases Limited Due to Prior Bad Act Evidence Restriction

After a New York appeals court overturned his 2020 rape and sex act conviction last week, attorney Akhtar Bahzadi, formerly an NYU adjunct law professor known as the “MeToo prosecutor,” explained that while Harvey Weinstein’s legal team has claimed he did not receive a fair trial in New York, this decision will have minimal impact on past or future Me Too cases. In fact, Justice Barry H. Greenwald of Manhattan Supreme Court and Rahmani wrote, “(Jurors) cannot simply accept evidence allegedly probative of defendant’s character for truthfulness merely because other persons testified that he had acted in a dishonest manner,” which means prosecutors will need to “adjust” their strategies regarding the use of prior bad acts or “precluded-other instances,” according to Rahmani. The four judges who overturned Weinstein’s conviction found that the judge at his trial allowed too many women testify against him, although the appeal panel stressed it was not saying these accusers were lying. In a statement following Thursday’s decision, defense lawyer Donna Rotunno said: “Justice was served.” However, Rahmani reminded everyone involved in future sexual assault trials that “[Jurors] are factfinders whose jobs depend upon hearing from each party — all witnesses presented by one side; only relevant and legally proper testimony concerning crimes of defendants which actually demonstrate ‘proof’ at least tendentially of the elements of an offense charged.” Weinstein is currently serving a 16-year sentence in California after being found guilty last December, though his lawyers have indicated they will appeal that conviction as well. He also faces charges in London for alleged offenses dating back to 1996.