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By Mitchell Goodbar For Dailymail. Com and Wires. Harvey Weinstein's lawyers have argued in an appeal that he did not get a fair trial when he was convicted of rape and sexual assault in Los Angeles in and sentenced to 16 years in prison. The brief filed on Friday in California comes six weeks after his similar conviction and year sentence in New York was overturned by the state's highest court. The California appeal argued the trial judge wrongly excluded evidence that the Italian model and actor he was convicted of raping had a sexual relationship with the director of a film festival that had brought both Weinstein and the woman to Los Angeles at the time of the alleged attack.
Weinstein's lawyers argued that the judge deprived him of 'his constitutional rights to present a defense and led to a miscarriage of justice. The attorneys said the judge was wrong to allow jurors to know about Weinstein's previous, now-vacated conviction in New York , and that the jury was unfairly prejudiced by testimony from women about alleged assaults Weinstein was not charged with.
The California appeal argued the trial judge wrongly excluded evidence that the Italian model and actor he was convicted of raping had a sexual relationship with the director of a film festival. Similar testimony led to his overturned conviction in New York, where the year-old is now being held as Manhattan prosecutors plan to retry him. At his California trial, Weinstein was charged with sexually assaulting four women, but a jury convicted him of an attack on just one, Evgeniya Chernyshova.
Lench was wrong to prevent his defense from showing the jury Facebook messages that showed Chernyshova and the festival's founder, Pascal Vicedomini, had a sexual relationship. The messages would have shown that both were perjuring themselves when they testified that they were only friends and colleagues, the brief contended. And it would have bolstered defense arguments that the woman was not even in her hotel room but was with Vicedomini at the time of the alleged attack.
