Connect with us

California

Here’s why Weinstein’s conviction in California stands a better chance

Published

on

Here’s why Weinstein’s conviction in California stands a better chance


Harvey Weinstein may be getting a new trial in New York after the state’s highest court tossed out his 2020 felony sex crime conviction. But his case in California likely won’t face the same fate, according to Los Angeles prosecutors and legal experts.

In December of 2022, a Los Angeles jury found Weinstein guilty of several counts of sexual assault and was sentenced to 16 years in prison two months later.

The major difference between the two cases is how each state handles the admission of evidence of uncharged allegations. 

In California, state law allows the admission of allegations of sexual offenses not listed in the indictment — specifically in sex crime cases, in accordance with California Evidence Code section 1108. Prosecutors can bring forth evidence of a defendant’s past sexual misconduct, calling in witnesses whose accusations are not part of the charges against the defendant.

Advertisement

But in New York, no such law exists. In fact, the state specifically bars the admission of such evidence.

In its 4-3 decision Thursday, the state’s Court of Appeals described the allowance of such evidence during Weinstein’s trial as a series of “egregious errors.” In addition to several uncharged allegations of sexual misconduct, the Manhattan District Attorney brought forth evidence of things like Weinstein allegedly threatening violence against people who worked for him or photoshopping a female actor’s head onto another woman’s nude body. 

The New York appeals court described such evidence as “irrelevant, prejudicial, and untested,” portraying him in a “highly prejudicial light” while trying him on charges of first-degree criminal sexual act and third-degree rape. 

New York state law bars the admission of evidence of prior uncharged crimes or allegations in accordance with the “Molineux rule,” named after the landmark People vs. Molineux case. An appeals court acquitted Roland Burnham Molineux of murder in a ruling that established the “Molineux rule” as a constitutional safeguard protecting a defendant from the assumption of guilt because they committed other, similar crimes in the past.

In a statement, the Los Angeles County District Attorney’s Office said it was “saddened” by the New York appeals court’s decision. However, the DA’s office noted how the New York case is different from the one in California.

Advertisement

“The legal issues identified by the New York Court of Appeal are not present in the Los Angeles County case,” the DA’s office said.

Weinstein’s lawyer, Arthur Aidala, applauded the overturning of his New York conviction in accordance with state law.

“We knew Harvey Weinstein did not get a fair trial,” Aidala said during a news conference Thursday afternoon. “There are some people who are unpopular in society but we still have to apply the law fairly.”

Weinstein is currently incarcerated in New York at the Mohawk Correctional Facility.

On Friday, Gloria Allred called the conviction reversal a “cry out” for changes to New York state law. She called for a similar law  as the one in California during a news conference alongside her client, Mimi Haley, one of the victims in the New York case.

Advertisement

“In California, we have a specific statute,” Allred said, referring to Evidence Code section 1108, which allows such evidence in sex crime cases.

“I think it’s important for the New York legislature to pass a specific statute in New York, which more clearly defines the admission of prior bad acts, witnesses and their testimony in New York — and is more protective of victims’ rights,” Allred said.

Haley said hard evidence including witnesses corroborating her allegation against Weinstein should be enough to prove his guilt. Weinstein was convicted of forcibly performing oral sex on her at his New York apartment in 2006. The appeals court tossed out the conviction for that crime but did not appeal Weinstein’s third-degree rape charge involving another victim.

But Haley said evidence of Weinstein’s other alleged sexual misconduct should be considered relevant — whether or not he was actually charged for it.

“I personally do think it’s important information to know about somebody’s character and their pattern,” Haley said.

Advertisement

Allred said the conviction reversal could have a chilling effect on victims, making them more reluctant to come forward and testify before a jury. Meanwhile, prosecutors could decide against filing charges for fear of making too weak of a case, particularly when dealing with defendants who have the kind of resources and legal representation as Weinstein, she said.

“They may feel that it’s more difficult without (evidence of) prior bad acts to prove guilt beyond a reasonable doubt, and therefore, they may decide not to charge the defendant or seek to indict at all — especially in high profile cases against the rich, the famous the powerful, well-connected defendants.”

While saying she does have some reservations, Haley said she would “consider” testifying against Weinstein in a new trial. She said preparing for the trial took two years and she faced harassment, but she wants to keep “speaking truth to power.”

“It’s a crucial moment in history to keep going and to keep standing up for truth,” she said.

Advertisement



Source link

California

As fireworks pop off for July 4, which are legal to use in California?

Published

on

As fireworks pop off for July 4, which are legal to use in California?


play

Each year, fireworks light up the sky across the United States for the nation’s Independence Day. With 2026 marking the nation’s 250th birthday, fireworks shows may be a bigger draw.

With California being so fire-prone, the state has strict fireworks laws, but does that mean that people won’t enjoy fireworks without risking jail time on July 4?

Advertisement

Are fireworks illegal in California?

The California Department of Forestry and Fire Protection, or CalFire, is the agency in charge of managing fireworks and classifying which ones are safe to light.

The California Fireworks Law was passed in 1938 and designated the Office of the State Fire Marshal as the only fireworks classification authority in the state, according to CalFire.

The fire marshal’s office classifies fireworks through lab analysis and field testing. It also requires that all parties dealing in fireworks, such as pyrotechnic operators, manufacturers, and retailers, have licensing.

Along with the aforementioned law, the State’s Explosive Law authorizes the fire marshal to “adopt regulations for the safe use, handling, storage and transportation of explosives,” CalFire says.

Advertisement

“Safe and Sane” fireworks are less likely to cause injury and generally mean that the fireworks do not explode or fly, according to the City of Fontana.

There are almost 300 communities in the state that allow “Safe and Sane” fireworks.

It is illegal in the state to sell, transport, or use fireworks that don’t carry the “Safe and Sane” seal or use any in a nonpermitted community. If convicted, you can face a fine up to $50,000, a year in jail or both, according to CalFire.

All other fireworks are considered illegal in the state and are prohibited from being operated by unauthorized parties in most jurisdictions.

Some illegal fireworks include:

Advertisement
  • Wire Core Sparklers
  • Sky rockets
  • Bottle rockets
  • Roman candles
  • Aerial shells
  • Firecrackers
  • Other fireworks that explode, go into the air, or move on the ground in an “uncontrollable manner.”

How to safely use fireworks

CalFire has put out a list of safety tips to avoid injury when handling fireworks.

CalFire recommends:

  • Use only State Fire Marshal-approved fireworks
  • Verify local ordinances before purchasing or using fireworks.
  • Always read the directions on labels.
  • Children should always have an adult present.
  • Only use fireworks outdoors.
  • Avoid using fireworks near dry grass or other flammable materials.
  • Only light one firework at a time.
  • Have a bucket of water and a hose nearby in case of fire.
  • During a drought, it is recommended that you use a bucket of reused water to submerge your firework after use to ensure it’s completely extinguished.
  • Never place any part of your body directly over a fireworks device when lighting the fuse.
  • Back up several feet immediately after lighting a firework.
  • Never point or throw fireworks at another person.
  • Never attempt to relight or fix fireworks.
  • Never experiment with fireworks.
  • Do not wear loose-fitting clothing while lighting fireworks.
  • Never carry fireworks in your pockets.

Ernesto Centeno Araujo covers breaking news for the Ventura County Star. He can be reached at ecentenoaraujo@vcstar.com, 805-437-0224 or @ecentenoaraujo on Instagram and X.





Source link

Continue Reading

California

California bill to block registered sex offenders from local office rejected by Senate committee

Published

on

California bill to block registered sex offenders from local office rejected by Senate committee


FRESNO, Calif. (KFSN) — California bill aimed at preventing registered sex offenders from holding local elected office was halted Tuesday after a Senate committee declined to advance the measure without changes opposed by its author.

Assembly Bill 2753, introduced by Assemblywoman Esmeralda Soria in February, would have prohibited anyone who is or has been required to register as a sex offender from running for local elective office.

“This issue is critical. We have heard loud and clear from the community that we must do something,” Soria said.

The proposal came to a stop in the Senate Elections Committee, where lawmakers argued the bill’s restrictions were too broad.

Advertisement

California’s sex offender registration system is divided into three tiers. Tier 1 offenders are generally required to register for 10 years, Tier 2 offenders for 20 years and Tier 3 offenders for life.

According to Soria, committee members proposed limiting the bill to Tier 3 offenders. She rejected those amendments, arguing that the legislation should apply more broadly.

“For this not to be the law today, where we’re banning people that have committed some of the most horrific crimes against children, against other people, you know, and we have survivors out there, I think it’s a disservice,” Soria said.

The bill had attracted significant support before reaching the Senate. It was backed by the Fresno City Council and passed the Assembly floor in April.

Fresno City Council President Nelson Esparza traveled to Sacramento to testify in favor of the measure and said he was disappointed by the outcome.

Advertisement

“I call it really a gut punch for our community, and what we had experienced here, and sort of the upheaval… I don’t think we want that to happen again here at Fresno,” Esparza said.

Esparza referenced controversy earlier this year involving registered sex offender Rene Campos, who sought a seat on the Fresno City Council but ultimately did not qualify for the ballot.

Opponents of the bill argued that candidacies should be decided by voters rather than restricted by law.

“It should be a decision made by the voters, so a person should not be barred from running for office and let the voters make the decision that makes the most sense for them,” said civil rights attorney Janice Bellucci.

With the committee declining to move the bill forward under its current language, efforts to enact the proposed restrictions have stalled for now.

Advertisement

Copyright © 2026 KFSN-TV. All Rights Reserved.



Source link

Continue Reading

California

Billionaire tax measure heads to California’s November ballot, with Kern County watching

Published

on

Billionaire tax measure heads to California’s November ballot, with Kern County watching


BAKERSFIELD, Calif. (KBAK/KBFX) California voters will face a high-profile “billionaire tax” measure on the November ballot, a proposal supporters say would raise new revenue, but critics warn could push some of the state’s wealthiest residents to leave.

If passed, the measure would impose a one-time 5% tax on California billionaires living in the state as of Jan. 1, 2026.

Tal Eslick, owner of Vista Consulting, said, “I think there is this effort, especially on the part of progressive state leaders, to somehow, you know, go after billionaires or maybe even the trillionaires that may exist in the future.”

Billionaire tax measure heads to California’s November ballot, with Kern County watching (AP Photo/Jeff Chiu, File)

Advertisement

Political analysts say a proposal like this could encourage some of California’s wealthiest residents to relocate, potentially taking investment and business activity with them.

Eslick said, “And for that matter, they can come back occasionally to visit and do a little bit of business, but live in a state that is a little more accommodating for them from a tax standpoint.”

Questions have also been raised about what the impact could be for Kern County if billionaires leave the state.

Sherod Waite, CEO of Moneywise Guys, said, “It’s questionable how much revenue would actually be generated from the tax and how much revenue would be lost from those people exiting the state. It’s questionable. It’s a gamble.”

Waite said billionaires leaving could reduce state revenue that could be used in Kern County.

Advertisement
Billionaire tax measure heads to California’s November ballot, with Kern County watching (AP Photo/Jeff Chiu, File)

Billionaire tax measure heads to California’s November ballot, with Kern County watching (AP Photo/Jeff Chiu, File)

“Think of all the support services that the state offers to the entire state, including us here in Kern County, that are paid for by tax dollars,” he said.

Gov. Gavin Newsom has been outspokenly against a state wealth tax and is instead proposing a national tax policy that would tax anyone with a net worth of $100 million.

Newsom said, “It’s time for a national billionaire’s tax and a new social contract. Just think of this, just ten percent of people own 2/3’s of the nation’s wealth.”

Eslick said Newsom’s position can be difficult to square.

Advertisement

“It’s a naturally confusing sort of position to be opposed to the tax in California but be supportive of it at a national level. But I think that’s him walking a treacherous political road,” he said.

Billionaire tax measure heads to California’s November ballot, with Kern County watching (AP Photo/Jae C. Hong, File)

Billionaire tax measure heads to California’s November ballot, with Kern County watching (AP Photo/Jae C. Hong, File)

In a statement regarding the measure, Assemblyman Stan Ellis said in part, “This would hurt Kern’s energy, Agriculture, manufacturing, and working families through lost investment, fewer jobs and unstable state funding.”



Source link

Advertisement
Continue Reading
Advertisement

Trending