Harvey Weinstein's bid to appeal his New York conviction accepted by state high court

Fallen movie mogul Harvey Weinstein's latest bid to appeal his 2020 Manhattan conviction on sex crimes has been granted by New York's highest-level court on Wednesday, just months before his Los Angeles trial on similar charges is set to begin. 

"The Court of Appeals will hear Weinstein’s case," Gary Spencer, information officer for the court in Albany, confirmed to USA TODAY. (In New York, the court known as the "Supreme" court in other states is instead called the Court of Appeals.)

Weinstein, 70, was pleased and reiterated his innocence, according to a statement issued by his spokesman, Juda Engelmayer, to USA TODAY. 

"I am innocent of these charges, and I am so grateful to my attorneys for working hard and smart on this," Weinstein's statement said. "Their hard work will help me prove my innocence in the end. I look forward to this opportunity to be heard by the New York Court of Appeals."

Background:Harvey Weinstein's Los Angeles sex-crimes case set for trial in October

Weinstein’s lawyers filed their request to appeal to New York's high court – the request is called a criminal leave application – on June 17; it was granted on Aug. 19, Spencer said Wednesday.  

Spencer said the next step is the court will set a schedule for filing briefs by Weinstein's lawyers and by prosecutors in the office of the Manhattan District Attorney. Next up will be oral arguments before the court, probably sometime next year. A final decision on the case could be a year or more away.

"There is not much paperwork at this point, beyond his CLA and the order granting it," Spencer said. "Such orders do not give reasons, they just grant or deny leave to appeal."

Weinstein's lawyers also issued a statement, noting that the high court does not accept most cases for appeal.

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"We are hopeful and grateful for this rare opportunity and believe that granting Harvey Weinstein and his lawyers leave to make the appeal to the NY Court of Appeals demonstrates that there is, in fact, merit to the appeal," the statement said. "There was plenty wrong with the trial and conviction and Harvey's attorneys will do what is needed to prove his innocence of the charges."

The Manhattan District Attorney's Office declined to comment. 

Weinstein was convicted of two charges – first-degree sexual assault and third-degree rape – in February 2020 in Manhattan and was sentenced to 23 years in prison. Until he was extradited to Los Angeles in July 2021, Weinstein was incarcerated in a state prison near Buffalo. 

In April 2021, his legal team filed a 166-page brief at the first appellate court level, calling his trial "unconstitutional" for failing to guarantee him a "fair and impartial jury trial."

In June, his conviction was upheld unanimously by a five-member appellate panel of judges who concluded his trial was fair, despite his lawyers' argument that prosecutors offered the jury potentially prejudicial testimony from accusers of uncharged crimes.

To appeal to the high court, Weinstein's lawyers needed permission to do so; it was not a guarantee the court would accept the case. It is not clear yet on what grounds it was accepted or what issues the court will explore since the court typically doesn't comment when granting leave to appeal.

More:UK prosecutors authorize charges against Harvey Weinstein for indecent assault of woman in 1996

Meanwhile, Weinstein is being held in a Los Angeles County jail and is scheduled to go on trial in October. He is facing 11 rape and sexual-assault charges, accused of attacking five women in Los Angeles and Beverly Hills hotels in alleged encounters between 2004 to 2013.

USA TODAY reached out to Weinstein's Los Angeles legal team for comment. 

Los Angeles District Attorney George Gascón issued a statement to USA TODAY on Wednesday saying the New York case is not relevant in Los Angeles.

"The status of Harvey Weinstein’s case in New York will have no impact on his case in Los Angeles," Gascón said. "It is unfortunate that his New York victims won’t have the finality that they deserve; however, we remain steadfast and committed to seeking justice for the women harmed by Mr. Weinstein’s alleged predatory actions in Los Angeles."

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