Harvey Weinstein may be getting a new trial in New York after the state’s highest court tossed out his 2020 felony sex crime conviction. But his case in California likely won’t face the same fate, according to Los Angeles prosecutors and legal experts.
In December of 2022, a Los Angeles jury found Weinstein guilty of several counts of sexual assault and was sentenced to 16 years in prison two months later.
The major difference between the two cases is how each state handles the admission of evidence of uncharged allegations.
In California, state law allows the admission of allegations of sexual offenses not listed in the indictment — specifically in sex crime cases, in accordance with California Evidence Code section 1108. Prosecutors can bring forth evidence of a defendant’s past sexual misconduct, calling in witnesses whose accusations are not part of the charges against the defendant.
But in New York, no such law exists. In fact, the state specifically bars the admission of such evidence.