Weinstein Prosecutors Urge Court to Reject Verdict Challenge (1)

Prosecutors are pushing back against Harvey Weinstein’s attempt to overturn his New York sex crimes conviction, arguing allegations of juror misconduct don’t meet the legal threshold to set aside the verdict.

The Manhattan District Attorney’s Office opposed Weinstein’s motion seeking to vacate his conviction for first-degree criminal sexual act against Miriam Haley in the Supreme Court for the State of New York. Weinstein’s motion, supported by post-trial affidavits from two jurors, alleges misconduct during deliberations, including claims of verbal attacks and pressure to change votes.

“Juror testimony cannot, as a matter of law, be used to impeach a guilty verdict absent extremely narrow exceptions not applicable here,” the prosecutors said Wednesday in their memorandum of law.

Weinstein was convicted of sexual assault at his second New York trial after an earlier verdict was overturned on appeal. A mistrial was declared on a separate rape charge, and the ex-movie mogul was acquitted of a separate sex assault charge.

The prosecutors argue the “no-impeachment rule” bars consideration of juror testimony about deliberations, absent evidence of improper outside influence or racial bias. They contend the affidavits relate only to the “tenor” of deliberations and internal juror dynamics, which aren’t grounds for impeaching the verdict.

The prosecutors maintain the trial court’s inquiries and curative instructions were sufficient and any reported conduct didn’t rise to the level of substantial misconduct requiring a mistrial.

They also highlighted inconsistencies between the post-trial affidavits and jurors’ public statements to media immediately after the trial. They pointed out that one juror described the deliberations as merely “an animated conversation.”

Juda Engelmayer, Weinstein’s spokesperson, said in a statement the prosecutors are ignoring the “core issue” of jurors reporting being pressured to change their vote. He said the affidavits deserve to be taken “seriously, not dismissed on a technicality.”

Weinstein hasn’t been sentenced on the conviction. The Manhattan District Attorney’s Office has said it’s ready to try the rape case again.

Aidala, Bertuna & Kamins PC represents Weinstein.

The case is People of the State of New York v. Weinstein, N.Y. Sup. Ct., No. 2335/2018, 11/12/25.