Albany’s push to close legal loophole that let Harvey Weinstein off the hook appears to be in limbo

Vaughn Golden
·2 min read
Harvey Weinstein
Harvey Weinstein
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Albany’s effort to close the legal loophole that helped Harvey Weinstein get his state sex-crimes conviction overturned seems to be in limbo.

The state Senate is set to pass a bill Wednesday that will update evidence rules in trials against accused sex pests — but Assembly Speaker Carl Heastie hasn’t said whether the lower chamber will take up the measure.

Democrats in the Assembly told The Post their caucus as a whole has yet to even discuss the legislation behind closed doors.

Harvey Weinstein will get a retrial as early as September after the state’s high court tossed out his conviction. Steven Hirsch/Pool via USA TODAY NETWORK
Harvey Weinstein will get a retrial as early as September after the state’s high court tossed out his conviction. Steven Hirsch/Pool via USA TODAY NETWORK

The bill clarifies that judges can admit testimony about a defendant’s alleged prior sexual offenses, even if they aren’t being charged related to those acts.

It aims to close the loophole that was exposed last month when New York’s highest court tossed out the disgraced movie mogul’s conviction and ordered a retrial.

The court ruled that the trial judge in the Weinstein case shouldn’t have allowed the testimony of witnesses who told jurors about alleged past crimes by the once-powerful producer in addition to the ones he was on trial for.

“The sooner we can solve it, the better. I don’t want to wait until next year,” State Sen. Mike Gianaris (D-Queens), the bill’s sponsor, told The Post Tuesday.

Prosecutors say such witnesses and evidence is crucial to securing convictions, especially in “date rape” cases where a defendant is arguing there was consent.

Some of the witnesses who testified against Weinstein appeared alongside Gianaris and the bill’s Assembly sponsor, Amy Paulin, at a press conference promoting the legislation. AFP via Getty Images
Some of the witnesses who testified against Weinstein appeared alongside Gianaris and the bill’s Assembly sponsor, Amy Paulin, at a press conference promoting the legislation. AFP via Getty Images

The bill’s critics, which include groups representing public defense attorneys like Legal Aid, say it will lead to overreach by zealous prosecutors and extend to charges beyond sex crimes.

“They’re wrong,” Gianaris countered flatly.

“It has a rule that has been in place for decades, both nationwide and in multiple states,” he said, arguing that, “we have not seen a rash of problems because of the admission of previous testimonies from previous victims of sex sexual offenses by the same perpetrators.”

Prosecutors say such witnesses and evidence is crucial to securing convictions, especially in “date rape” cases where a defendant is arguing there was consent.
Prosecutors say such witnesses and evidence is crucial to securing convictions, especially in “date rape” cases where a defendant is arguing there was consent.

A spokesperson for Heastie — who hasn’t taken questions from reporters in Albany for over a month — wouldn’t say Tuesday if the Assembly would follow the Senate’s suit in passing the bill before the end of the legislative term.

“We always talk about all issues with our members,” the rep said.