A former prosecutor in the Manhattan DA’s office says a retrial of the disgraced Hollywood producer can be successful.
"What I think the four judges said: I know this was a very high-profile case, this may be a despicable man, but the law is the law," Catherine A. Christian said about the decision to overturn Harvey Weinstein’s conviction. | Seth Wenig/APAfter Manhattan District Attorney Alvin Bragg finishes his trial with Donald Trump, he’ll have to turn to Harvey Weinstein.
The decision by the New York court was decried by victims advocates, who worry it could chill future sexual assault cases. But Christian said the case — which was initially led by Bragg’s predecessor, Cyrus Vance Jr. — can be retried successfully. And she offered some advice on how to do it.The court’s decision to overturn Harvey Weinstein’s conviction came as much of a shock to the public.
The law allows you, if it’s not too prejudicial, in certain instances to bring out prior uncharged crimes if it goes to notice, intent, common plan or scheme. So, there’s a number of exceptions. To me, you have to retry assuming all of the witnesses are available. Harvey Weinstein has been convicted in Los Angeles, so he’s not going anywhere.The negative now in retrying it means these women have to come back and do it all over again, and be cross-examined all over again. So that’s the negative of a retrial for the prosecution.
There was evidence that should not have been admitted, or should not have been allowed to be admitted, because it was too prejudicial. That’s really the gist. I don’t think it should be spread to all sexual assault cases. It’s limited to the facts of this specific case, and how this specific case was tried.
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