The State of New York Court of Appeals has approved the application for leave to appeal made by the convicted sex offender. Harvey lives to fight another day, according to his lawyer, Arthur L. Aidala, whose company is representing the disgraced film tycoon.
The action comes in response to the Appellate Division, First Department court's decision in June to deny an appeal after finding that trial judge Jim Burke's actions were acceptable and did not call for overturning Weinstein's conviction.
Weinstein, who received a 23-year term for sexual assault and rape, will now have another opportunity to claim the judge erred.
"The question here isn't whether [Weinstein] is either innocent or guilty, but rather whether or not he had a fair trial. It concerns whether the trial judge upheld the law, Aidala explained to us.
The defense claims that Harvey was never accused of any wrongdoing with reference to those witnesses because Judge Burke permitted multiple witnesses to speak about actions Aidala said were committed. Additionally, during the jury selection process, one juror lied about having published a book about sexual predators.
According to what we've been told, oral arguments will take occur in the spring of next year after all the paperwork from both sides has been submitted.
Aidala informs us that the pervy producer who started the #MeToo movement "may be a free man in 2023 or 2024," adding, "We would expect we would obtain a verdict in late spring or early summer of 2023." We're informed that Weinstein would be eligible for bond release if the matter goes to trial once again.
Weinstein is currently incarcerated at the Twin Towers Correctional Facility in Los Angeles, according to Aidala. She says of him: "His mood was that of relief, and he is very optimistic that these judges would rule that he did not have a fair trial." He continues to act innocently as he does right now.