We conclude that the trial court erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes... The remedy for these egregious errors is a new trial.
The court's majority said 'it is an abuse of judicial discretion to permit untested allegations of nothing more than bad behavior that destroys a defendant's character but sheds no light on their credibility as related to the criminal charges lodged against them'.
Judge Madeline Singas wrote that the majority was 'whitewashing the facts to conform to a he-said/she-said narrative', ... continuing a 'disturbing trend of overturning juries' guilty verdicts in cases involving sexual violence'.
#weinstein-case #sexual-misconduct #legal-proceedings #appeals-court-ruling #impact-of-character-testimony
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