The New York Court of Appeals says that Harvey Weinstein gets a new trial
You can find the details here. The gist of it is this:
There’s a rule that you can’t put on evidence of prior “bad acts” to prove that a defendant committed the specific bad acts he’s being tried for in the present case.
It’s not that such evidence is completely irrelevant; it’s that it’s unduly prejudicial to the defendant. Such evidence tends to poison the jury against the defendant well out of proportion to the actual light it sheds on the current crime being judged at trial.
But that’s what the state of New York did to get their conviction. …
Another exception, which seems to be the one used in this case, is to claim you’re not putting on these witnesses to prove his prior bad acts, but to shed light on his state-of-mind he had when committing the acts he’s on trial for.
The prosecution put on three witnesses to accuse Weinstein of prior rape, and claimed they weren’t presenting this evidence just to show he’s generally a rapist, but to prove that his state in mind in the current case was one of intent to commit a sexual assault. That is, it wasn’t just a mistake where he misread the woman’s level of interest in him.
But I mean, come on: You can’t tell the jury “don’t consider this testimony as evidence that he committed the current crime, just consider it as far as his state-of-mind.” That’s telling people to put the information in a special vault in their brain that they cannot access except to answer one particular question. No one’s brain works like that, not even the brain of Noted “Compartmentalizer” Bill Clinton.
And speaking of Bill Clinton – a somewhat similar approach was used in the Paula Jones case to query him in a deposition about none other than the extent of his sexual relationship with Monica Lewinsky, and that’s what led to the entire Lewinsky story coming out in public and leading to his impeachment. I was against such questions then, and I’m against them now. To refresh your memory in the Jones case [emphasis mine]:
Jones’s lawyers decided to show to the court a pattern of behavior by Clinton that involved his allegedly repeatedly becoming sexually involved with state or government employees. Jones’s lawyers therefore subpoenaed women they suspected Clinton had had affairs with, including Arkansas Appeal Tribunal employee Gennifer Flowers, as well as White House employee Monica Lewinsky. In his deposition for the Jones lawsuit, Clinton denied having “sexual relations” with Monica Lewinsky. Based on testimony provided by Linda Tripp, which identified the existence of a blue dress with Clinton’s semen on it, Kenneth Starr concluded that Clinton’s sworn testimony was false and perjurious.
During the deposition in the Jones case, Clinton was asked, “Have you ever had sexual relations with Monica Lewinsky, as that term is defined in Deposition Exhibit 1, as modified by the Court?” The judge ordered that Clinton be given an opportunity to review the definition. It said that “a person engages in sexual relations when the person knowingly engages in or causes contact with the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to arouse or gratify the sexual desire of any person”. Clinton flatly denied having sexual relations with Lewinsky. Later, at the Starr Grand Jury, Clinton stated that he believed the definition of sexual relations agreed upon for the Jones deposition excluded his receiving oral sex.
It was upon the basis of this statement that the House of Representatives voted to impeach Clinton on December 19, 1998, on charges of perjury and obstruction of justice. Clinton was subsequently tried before the Senate, where votes on either charge both fell far short of the 2/3 supermajority required for conviction.
Also, please see this post of mine about the cases against Weinstein:
Of course, the fact that one woman may have lied—or been mistaken, because perhaps she was drunk—about the nature of their sexual contact does not mean they all have lied or been mistaken. As I’ve said before, each accusation must be taken on its own merits (although few people seem to do that): even assuming that the weight of accusation indicates that Weinstein is guilty of some violations “does not mean that all his accusers are telling the truth, the whole truth and nothing but the truth.” …
With Weinstein, there are so many stories that it is easy to think that most of them must be true. But that temptation must be resisted. The trouble is that truth and falsehood can be fiendishly difficult to ascertain in cases such as this. …
Are people usually that clearly in touch with their own behavior, thoughts, and feeling around complicated situations of a sexual nature, in which fear mixes with desire to advance one’s career, and in which all of it is mixed with the liberal consumption of alcohol or other substances? The vagaries of memory are part of the problem as well, and revisionism can occur either much later or very shortly after the act in question. Regret, confusion, trauma, forgetfulness, defensiveness, rationalization—all can play into it in various ways for the alleged victim.
Is not the judge in the current Trump “hush money” trial allowing “evidence” having nothing whatever to do with the alleged crime? It’s not much comfort to think that a guilty verdict might be reversed on appeal. Dems want a conviction before November, no matter how illicit the case and verdict.
And I have to agree with the Court about Weinstein. He sounds like a creep; however, he was convicted, apparently, more on his reputation than on the evidence, which was, as I recall, he said — she said.
And letisha james is involved with both kangaroo tribunals
They did a similar thing with sheldon silver are they are corrupt incompetent
That was a civil suit with paula jones though
Why is it the dems get away with everything treason bribery sexual assault et al its rhe gamit of offenses they are excused from
The clintons seem to engage in any or all of these offenses in an out of office but judges like sullivan walton and chutkin look the other way
They enable the looting of nigeria and haiti they transfer weapons technology to russia to china they push to end israeli offensives against hamas and hezbollah
Need i bring up juanita broderick or kathleen willey that would be superfluous we can add their long standing involvement with madoff epstein weinstein just roll the wheel
I believe the “obstruction of justice” charge against Clinton was not because of his perjury, but because he encouraged both Monica and his secretary to lie under oath on his behalf, which Monica later did, causing herself much harm.
Regarding the interesting issue of when a jury can be told of earlier transgressions by the defendant:
In the O.J. trial there was the issue of whether or not the jury could be told about an earlier event where O.J. beat his wife quite badly — the photos of her face were truly awful. The judge allowed that evidence to be presented. According to the NYT, “the judge agreed with [the prosecution] argument that Mr. Simpson’s history of stalking and violence had shown motive.” It seems to me that this decision applies equally well in every situation where the defendant is accused of doing something similar to something he had done before.
In Simpson’s case, there was evidence. The photos you referenced. Also, that violence was against the same person he later killed.
While it might be unlikely as a legal issue, the same could be said of a loud and sustained public discussion of what a pig (or crook, or…) the defendant is.
Meanwhile, in another “Looney Tunes” reality, a sovcit brings his “Pirates of the Caribbean” vibe, gun and sword toting “Attorney General” into a court proceeding to defend him.*
I’m wondering if such stupidity and brazenness is just another symptom of the breakdown of our legal system, and the small regard and contempt with which more and more people are apparently viewing that system and body of laws.
* See https://www.youtube.com/watch?v=q1LFz6wB204
It seems to have been as legit as the bhl case
As I understand it, in Trump’s previous trials information about E. Jean Carroll was barred by the judge while all manner of prejudicial information about Trump was allowed, and the judge — the same judge — is now refusing Trump a new trial.
It’s unsettling to me that the same judge presided over both Carroll v. Trump cases and has now “upheld the judgment.” Wouldn’t simple fairness have dictated that a different judge get a crack at the case? But judge Kaplan is a “senior judge” so I guess he gets to do what he wants.
Woody Allen’s boy, Ronan Farrow, has an article about the Weinstein and Trump cases over at the New Yorker, but with only one day’s lead time, how good could it be?
yes and the appeals court don’t really follow the law either, its much like the ruling councils of the prisoner, no 2 and no 3, yes they admitted extraneous material, not adjudicated in other venues,