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« A Secret Service Agent Assigned To Kumala Harris Physically Attacks the Special Agent In Charge of the Detail, While Armed; There Were Reportedly "DEI Concerns" About How This Agent Was Hired | Main | Of Course: One of LA Soros DA George Gascon's Top Employees -- the Attorney "For Ethics and Integrity Operations" -- Illegally Accessed Police Files on Political Opponents » April 25, 2024
NY Court of Appeals Tosses Harvey Weinstein's 2020 Rape ConvictionThere's a rule that you can't put on evidence of prior "bad acts" to prove that a defendant committed the specific bad acts he's being tried for in the present case. It's not that such evidence is completely irrelevant; it's that it's unduly prejudicial to the defendant. Such evidence tends to poison the jury against the defendant well out of proportion to the actual light it sheds on the current crime being judged at trial. But that's what the state of New York did to get their conviction. They had some weak evidence of rape in cases where the statute of limitations hadn't run out yet, so they put on evidence from other women claiming they'd been raped (in cases where the statute of limitations had run out). I'm not even sure how this was allowed in the first place. I assume (I haven't read much about the case) that they used the special and often-abused exemption to the "no prior bad acts" rule, the "signature" exception. Prosecutors will sometimes claim that a method of committing a crime is so specific to one individual that it constitutes a "signature" in the modus operandi, and can then put on witnesses who testify about the same M.O. being used in crimes against them. It's often a weak and bullshitty exception: "The bank robbers wore ski masks and gloves, that's a signature." Okay it doesn't usually get that transparent, but you can see the way this rule can abused, and where a judge will allow "signature" evidence in a case The Regime is desperate to win. Another exception, which seems to be the one used in this case, is to claim you're not putting on these witnesses to prove his prior bad acts, but to shed light on his state-of-mind he had when committing the acts he's on trial for. The prosecution put on three witnesses to accuse Weinstein of prior rape, and claimed they weren't presenting this evidence just to show he's generally a rapist, but to prove that his state in mind in the current case was one of intent to commit a sexual assault. That is, it wasn't just a mistake where he misread the woman's level of interest in him. But I mean, come on: You can't tell the jury "don't consider this testimony as evidence that he committed the current crime, just consider it as far as his state-of-mind." That's telling people to put the information in a special vault in their brain that they cannot access except to answer one particular question. No one's brain works like that, not even the brain of Noted "Compartmentalizer" Bill Clinton. The toxic Regime will let every criminal out of jail to pacify one constituency. Then, when another constituency must be appeased, they'll change the rules and start presenting/allowing evidence that is plainly out-of-bounds just to convict one guy. The Regime is controlled by people who are all suffering from untreated moral breakdowns, permanently on tilt, and eager to suspend the law or change the law to to satisfy whatever moral panic they're currently in. (Trump can tell you all about that.) Any trial that makes the news is now a political trial. Weinstein is still in jail over a 2023 conviction for a rape in California. Harvey Weinstein's 2020 rape conviction has been overturned by the New York Court of Appeals. This is always the pitch: We have to break the rules to convict this defendant for political reasons.
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