Where Is Harvey Weinstein Now? The New York Court of Appeals Overturned His 2020 Conviction

"No matter where Harvey Weinstein goes, his name will be synonymous with sexual predators everywhere."

Jennifer Tisdale - Author
By

Updated April 25 2024, 6:53 p.m. ET

Harvey Weinstein using walker
Source: Getty Images

Rumors of Harvey Weinstein's inappropriate behavior with actresses, aspiring stars, subordinates, and women in the entertainment industry had been swirling around Hollywood for years before his arrest. But thanks to journalist Ronan Farrow, who released a damning exposé in 2017, Weinstein's numerous crimes were finally going to be addressed.

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In February 2020, he was found guilty of both a first-degree criminal sexual act and third-degree rape in New York. During his sentencing a month later, CNN reported that Weinstein still believed it was all a misunderstanding. Despite that, he was handed a 23-year sentence by Judge James Burke. Four years later that conviction was overturned. Here's what we know.

Harvey Weinstein
Source: Getty Images
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Where is Harvey Weinstein now? His conviction in the state of New York was overturned.

In a 4-3 vote, the New York Court of Appeals overturned Weinstein's conviction on April 25, 2024, reported CNN. The court ruled that the testimonies regarding "prior bad acts" should not have been permitted, as it "was unnecessary to establish defendant’s intent and served only to establish defendant’s propensity to commit the crimes charged."

In other words, his lawyer claims Weinstein was tried on his character, not the evidence presented.

Juda Engelmayer, a spokesperson for Weinstein, said they are "cautiously excited and need to study the ramifications of the appeal decision." They always maintained that Weinstein was on the receiving end of an unfair trial. Regarding the overturned conviction, Weinstein was evidently pleased with the work of his legal team and was very grateful to have them in his corner. The Manhattan District Attorney's office plans to retry his case.

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In light of this news, witnesses from Weinstein's New York trial came forward and expressed their profound disappointment. "While I’m stunned that the court threw out Weinstein’s conviction on legal technicalities, I am still proud that I testified and confronted that convicted rapist," said Dawn Dunning. In a statement released by her attorney Gloria Allred, Miriam “Mimi” Haley said she would testify again if necessary.

Harvey Weinstein walking with assistance
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Harvey Weinstein was also convicted in a Los Angeles court of various sex crimes.

The New York Times reported that a little over two years after his first conviction in New York, he was found guilty of forcible rape, forcible oral copulation, and sexual penetration by a foreign object by jurors in Los Angeles Superior Court. In February 2023, Weinstein was sentenced to 16 years in prison. Weinstein claimed his accuser lied because she was looking for money. "I never raped or sexually assaulted Jane Doe 1,” he said. “I never knew this woman, and, the fact is, she doesn’t know me."

This conviction is now more significant because the New York conviction has been overturned. Not only did that decision pave the way for a similar one in California, but he now has just the one conviction. Douglas H. Wigdor was an attorney for eight of Weinstein's accusers in New York. He said the decision to retry Weinstein is a "major step back in holding those accountable for acts of sexual violence."

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Harvey Weinstein walking outside with a walker
Source: Getty Images

How long has Harvey Weinstein been in jail?

Weinstein has been incarcerated at Mohawk Correctional Facility since March 18, 2020. The conviction in Los Angeles ensures he will remain in prison throughout the retrial. Judge Jenny Rivera wrote in her opinion for the majority, from the New York Court of Appeals, that, "The accused has a right to be held to account only for the crime charged and, thus, allegations of prior bad acts may not be admitted against them for the sole purpose of establishing their propensity for criminality," via the Economic Times.

Actor Rosanna Arquette, one of Weinstein's accusers, told The Hollywood Reporter that "Harvey was rightfully convicted. It’s unfortunate that the court has overturned his conviction. As a survivor, I am beyond disappointed." Another accuser, actor Katherine Kendall, said it best when she told the outlet, "No matter where Harvey Weinstein goes, his name will be synonymous with sexual predators everywhere. He will live in a prison of his own making until the day he dies."

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