harvey weinstein

Harvey Weinstein’s lawyers on Tuesday filed a motion for a new trial in his Los Angeles rape case, saying they have evidence of Facebook messages that would “impeach” the credibility of the witness known as Jane Doe 1 – the Italian model-actress and only woman whose accusations led to his December conviction.

Weinstein’s attorneys sent the motion to Judge Lisa Lench, who oversaw the two-month trial that ended Dec. 19, when the “Pulp Fiction” producer was convicted on three charges of rape and sexual assault. All three charges were related to the witness known as Jane Doe 1, who testified that Weinstein stalked her to her de ella hotel room in 2013 and raped her during the LA Italia Film Festival.

Charges stemming from the other witnesses, including Jennifer Siebel Newsom, ended in a hung jury and mistrial on three counts, with one count resulting in acquittal. Weinstein is scheduled to be sentenced on Feb. 23, when Lench said she would rule on Tuesday’s motion for a new trial.

Weinstein’s lawyers also argued that the jury was improperly instructed during trial, and added that omitted evidence of the woman’s Facebook messages gave the panel a “false impression” of Jane Doe 1. Jurors deliberated for more than two weeks before rendering a split verdict.

Weinstein is already serving 23 years in a New York prison for criminal first-degree sexual assault and third-degree rape, a conviction he has been granted the right to appeal. He now faces 18 years in California, time likely to be served concurrently with his existing sentence in New York state.

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