The New York State Court of Appeals decision to toss former movie mogul Harvey Weinstein’s 2020 rape conviction sent shockwaves through the legal community and stunned his accusers.
Thursday’s appellate court ruling was based on the Manhattan judge presiding over Weinstein’s criminal trial “erroneously” allowing testimony from three women whose alleged encounters with the defendant weren’t directly part of the case.
Outten & Golden attorney Lindsay Goldbrum, who represented six Harvey Weinstein accusers, including Taralê Wulff — who testified in Weinstein’s criminal trial in New York — called the ruling “a leap backward for the rule of law.”
She also called it a disservice to the three women who stepped forward to testify against him, even though their cases weren’t prosecuted.
“Their only goal was to give a voice to dozens of other women who suffered so much,” Goldbrum said in a statement sent to the Daily News. “Today’s ruling unfortunately casts a dark shadow on their bravery and will undoubtedly deter future sexual assault victims from coming forward.”
Weinstein, 72, was sentenced to more than 20 years behind bars for sexual misconduct against a hairstylist in 2013 and a production assistant in 2006. Dozens more women have made claims of a similar nature against the Miramax founder. He will remain in prison due to his 2022 rape conviction in Los Angeles.
Goldbrum sent her regrets to victims of sexual assault everywhere who may have been triggered by Weinstein’s win on Thursday.
Model Ambra Battilana Gutierrez, who helped put Weinstein away by wearing a wire after he accosted her in 2015, tells the Daily News she’s more than happy to testify against the movie mogul if the district attorney tries him again.
Though New York prosecutors didn’t pursue her case, Gutierrez testified against Weinstein in Los Angeles. She also wanted to take the stand in his initial New York trial.
“Regarding 2015, he could have been in jail already and they never called me on the stand in 2020,” she said via text message from her apartment in New York.
“I was able to be a witness in the L.A. case. That seems interesting since in N.Y.C. I was never asked to be part of the trial,” she continued. “I want to highlight that. I was ready in 2015.”
According to Gutierrez, jailing Weinstein and ending his livelihood was just a start.
“It’s not enough,” she said. “This is about placing an example so strong that in the future no one will be able to do something like this.”
Gutierrez pressured Alvin Bragg to retry Weinstein on Instagram Tuesday
“D.A. Bragg ran for office in 2021 because his predecessor failed so many of us,” she said. “We expect him to pursue Weinstein now.”
Weinstein’s powerhouse attorney Arthur Aidala told the Daily News he planned to hold a 1:30 p.m press conference after telling the Associated Press Weinstein’s win was a victory for the rule of law.
“We all worked very hard and this is a tremendous victory for every criminal defendant in the state of New York,” Aidala said.
