On Wednesday, December 15, the Appellate Division, First Department of New York State heard arguments regarding the appeal of Harvey Weinstein’s criminal conviction for rape and assault. To many, the case seemed open and shut, and any appeal would be quickly dismissed. However, the legality of the evidence that the prosecutors presented against Weinstein was seriously scrutinized. While it might seem like Weinstein’s lawyers are relying on mere legal loop holes, the importance of evidentiary questions should not be overlooked, or underestimated.
Alex Berke’s most recent piece in the Daily Beast breaks down the law behind this development in the Weinstein saga—the implications of which reach far beyond this single case. She writes, “As maddening as it is that Weinstein’s conviction may be overturned, his lawyer’s arguments for appeal are sound and frustrations may be better focused on the prosecutors rather than the court.”
