(NewsNation) — Harvey Weinstein’s lawyer in California says the former movie mogul could be freed from prison after his New York rape conviction was thrown out by an appeals court last week.
“The presumption of innocence just didn’t exist for Harvey Weinstein from the start,” Jennifer Bonjean, Weinstein’s attorney, said Monday on NewsNation’s “Dan Abrams Live.”
Bonjean believes the overturned New York conviction will impact his separate California rape case. She said the Los Angeles jury that convicted Weinstein of rape in December was prejudiced by knowing he was already a convicted felon from the New York case.
The New York Court of Appeals ruled last Thursday that prosecutors in that case relied too heavily on allegations of prior uncharged sex crimes to establish a pattern of misconduct by Weinstein. The split decision ordered a retrial on two counts of forcible oral sex and third-degree rape.
In California, Bonjean contends the tainted New York verdict was emphasized to jurors and that key defense evidence was excluded. Three jurors signed affidavits saying they would not have convicted Weinstein if that evidence was allowed, she said.
“This is a case that was closely balanced,” Bonjean said. “Even just the mere fact of a sentencing hearing … is another thing that we need to consider.”
Weinstein, 72, is currently serving a 16-year sentence for the Los Angeles rape conviction, separate from the now-vacated 23-year New York prison term.
The Los Angeles District Attorney’s office said it remains “confident that our convictions will withstand appellate scrutiny.”
