Harvey Weinstein was once a household name and celebrated movie producer. Now he’s better known for his patterns of systemic sexual harassment, sexual abuse, and rape. He was convicted of sexual crimes in both New York City and Los Angeles courts in highly public trials. His misdeeds sparked the #MeToo movement and revealed larger Hollywood corruption, changing the acting industry and the law. Victims of these crimes finally felt that they could speak out and get justice. In the public imagination, Weinstein’s guilt and punishment were set in stone, signaling the beginning of a much larger cultural change.
But this was not the end of his story. A few weeks ago, his New York convictions were overturned. While this development does not mean Weinstein gets to go free, as his California convictions still stand, it is still highly controversial. The reason the New York Court of Appeals gave for overturning the convictions were the trial’s use of Molineux Witnesses. These are people who were not directly involved with the accusations, but there to help establish a pattern of behavior. In Weinstein’s case, these witnesses were other victims of his predatory behavior who were not suing him for it. Convictions that rely heavily on Molineux Witnesses don’t tend to be as sound, because whether their use is appropriate can be highly subjective. The original trial judge felt their presence was called for, but clearly the New York Court of Appeals did not agree.
Weinstein’s new trial will be sometime after Labor Day. In the meantime, he was moved from the Rikers Island prison where he was serving his sentence to Bellevue hospital due to health concerns. This too came with its fair share of controversy, as many accused the hospital of giving him special privileges. At 72 years old, his initial admission into the ICU for a case of pneumonia made sense. Especially considering Riker’s previous bad track record with caring for sick patients, most agreed that moving him to a hospital was the right call.
The problems began when Weinstein stayed in the ICU, away from the floor with the other prisoners and with privileges that weren’t necessarily health related. He had access to his phone, a private bathroom, and a television in his room. He also had four Emergency Service Unit officers guarding his room as opposed to the customary two regular officers. Reportedly, Weinstein was able to shave, shower, and move out of bed during the latter part of his ICU stay, which many took as a sign that he was healthy enough to be in standard care. Weinstein has since been transferred back to Rikers Island, possibly as a result of public backlash.
As of now, Weinstein’s representatives are hopeful and his victims, particularly the women who played a large role in his prosecution, are dejected. With the widespread success of the #MeToo movement, it’s unlikely that all the social progress resulting from the original case will be reversed. However, it can still be disheartening to see an infamous offender closer to going free.
