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

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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.

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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.

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“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.

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“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.

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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.

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California’s race for governor and other key primaries remain unsettled as vote count continues

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California’s race for governor and other key primaries remain unsettled as vote count continues


California’s crowded, protracted gubernatorial primary is going to take a little more time to settle.

The race remained too early to call Wednesday morning with 50% of the expected vote counted, according to NBC News’ Decision Desk. Three main candidates — former Fox News host Steve Hilton, a Republican, and two Democrats, former Health and Human Services Secretary Xavier Becerra and billionaire activist Tom Steyer — are competing for two spots in the general election, with the candidate in fourth place, Republican Riverside County Sheriff Chad Bianco, running well behind.

Hilton had 27% support in the all-party primary with about half of votes still left to count, while Becerra had 26% and Steyer had 20%. Bianco was the only other candidate in double digits, at 11%.

In California, all candidates run on the same primary ballot in the primary and the top two vote-getters, regardless of party, move on to the general election.

It’s difficult to say when it will be clear which two candidates advance to the November general election, however, due to the state’s protracted vote counting.

And with millions of ballots left to count, other key races in California remain uncalled as well, including the second runoff spot to face Los Angeles Mayor Karen Bass one on one in November, several House races that could help determine the majority next year, and more.

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In the governor’s race, all three candidates rallied supporters around the state as the evening drew on.

“We’re not there yet, but it’s looking good,” Hilton told allies. “It looks very much as if Californians really will have the chance to vote for change in November and take our state in a new direction, a fresh start for our state, which is long overdue.”

But while Hilton was narrowly in first place when he spoke, Democratic candidates were capturing the majority of the votes.

Becerra looked back at his own “underdog story,” from his immigrant relatives to his bid for governor, which took some time to catch fire.

“Almost immediately, he’s counted out, an afterthought, overlooked by many, outspent by a ton, even called along the way to drop out and save us the trouble,” Becerra recounted to his supporters. “Well, guess what? The underdog stayed in the fight. Like my parents, I never gave up.”

Steyer struck a hopeful note in his election night speech despite a deficit in the vote count.

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“It might take some time to figure out where this is going, we’re going to wait till every ballot is counted, we’re going to give democracy a time to work, and we know we finished really strong,” Steyer said.

Major battleground districts

GOP Rep. David Valadao’s district has been one of Democrats’ top targets for years, but two Democrats are locked in a close race for the second spot in the November general election against the incumbent.

School board member Randy Villegas, who won support from national progressives, has a slight lead over state legislator Jasmeet Bains, 30% to 26%, with less than half of the expected vote tallied in the 22nd District. Valadao is comfortably in first place.

And in Northern California’s 6th District, Rep. Kevin Kiley — who was elected as a Republican and switched to become an independent this election cycle, as he runs in another newly redrawn district — is bunched up in a tight race that includes Democrat Richard Pan, a former state legislator, and Republican Michael Stansfield. Currently, Stansfield is running ahead of Pan; they spent much of Tuesday night and Wednesday morning trading the lead, which could have significant general election implications.

Meanwhile, outside California, Democrats think they might be able to challenge for one of Montana’s red-tinted congressional districts this fall, after Rep. Ryan Zinke decided to retire. But less than 2 percentage points separate Democrats Sam Forstag and Ryan Busse with more than 85% of the expected vote tallied in their primary in Montana’s 1st District.

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Read more about Tuesday’s House primaries here.

A safe seat battle to watch

Plenty of other House districts in California — and a few elsewhere — still have unsettled primaries, but one attracted particular attention due to how nasty the campaign got.

In Southern California, where two Republican incumbents are facing off in one district due to redistricting, Rep. Ken Calvert has advanced to the general election, but Rep. Young Kim is still battling for the second spot. She leads Democrat Esther Kim-Varet in the race for second, 22% to 16%, with about half of the vote in.

Who will face Bass in Los Angeles?

While Bass is projected to advance to a November runoff in Los Angeles, it’s not yet clear whether she’ll face Republican Spencer Pratt or Democrat Nithya Raman.

Bass has about 37% of the vote to 29% for Pratt and 21% for Raman so far, with approximately half of the expected vote tallied.

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Speaking to supporters on election night, Raman, a member of the Los Angeles City Council, said that “tonight may not give us a final answer on this race.”

“Many thousands of votes will be counted in the days ahead, and we may not get an answer we like, but regardless of what happens next, nobody, nobody can take away what all of us have built together,” she continued.

Pratt, meanwhile, was looking ahead to a potential matchup with Bass when he spoke to reporters.

“Now I have five months to get deep into every community that hasn’t heard my message to make them safe,” said Pratt, a former reality TV star. “So I’m actually very excited, because I felt very rushed. It’s a big city, and I was not able to talk to as many people as I look forward to talking to.”

Bass also projected optimism, telling her backers, “We got a lot more to go, but so far it’s looking good.”

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Midterm primaries 2026 live: results and reaction after six states including California and Iowa cast ballots

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Midterm primaries 2026 live: results and reaction after six states including California and Iowa cast ballots


Lucy Campbell

Millions of voters across the country are heading to the polls today in crucial primaries in a slew of key gubernatorial, Senate and House races.

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Here’s a quick rundown of what we’re watching:

California
Voters are casting ballots on who should lead the nation’s most populous state (and the world’s fourth largest economy), where there is no clear leader among candidates vying to advance in the race to succeed term-limited Democratic governor Gavin Newsom. The race for Los Angeles mayor is also on the ballot, along with a series of high-stakes US House contests in the state’s newly redrawn congressional districts – which are set to play an outsized and potentially decisive role in the battle for power in Washington in November’s midterm elections. My colleague Lauren Gambino has more:

Iowa
Per my colleague Chris Stein, with Trump’s approval ratings deep underwater, gas prices high and historical political trends favoring the party out of power, Democrats this year are considering a comeback in Iowa, putting the state at the center of their campaigns to win back control of both the US House and the Senate. That effort for a “once-in-a-generation” breakthrough in the GOP-dominated state is being led by pro-hunting Democrat Rob Sand, who is running for governor. Chris wrote about him below. Democrats also believe they have a shot at winning three of the state’s US House seats and a competitive chance at securing a US Senate seat, where the GOP frontrunner recently called Trump’s war on Iran a “political liability”.

New Jersey
One of this year’s most closely watched House midterms will take place in the battleground district currently represented by now-infamous Republican Tom Kean Jr, who has drawn public scrutiny and concern after missing more than 100 House votes due to an undisclosed illness. Voters are deciding which Democrat will run against him in November – and the seat is a must-win for the party. The frontrunner, veteran army trauma surgeon and political newcomer Adam Hamawy, has secured endorsements from the likes of Bernie Sanders, Alexandria Ocasio-Cortez and Ilhan Omar. My colleague Joseph Gedeon has more:

New Mexico
Contests in the state include primaries for congressional seats, a US Senate seat and a long list of statewide offices, but the governor’s race is the main event. Deb Haaland, who was Joe Biden’s interior secretary, is running for the Democratic nomination, which could put her on a historic path for Native American leaders.

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Montana
In Montana, a five-way Democratic fight is under way for the retiring Republican senator’s seat. Independent Seth Bodnar, former president of the University of Montana, is outraising them all at the moment but they’re refusing to step aside, Politico reports this morning.

South Dakota
The race is on for state governor, Sioux Falls mayor, a US Senate and House seat, a Republican primary for local lawmakers. The incumbent GOP governor Larry Rhoden faces three primary challengers in his first run for a full term. He stepped up into the role from the lieutenant governorship when the former governor, the since-ousted Kristi Noem, left to lead the Department of Homeland Security.

The Associated Press contributed reporting

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Key events

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Joseph Gedeon

On the day Donald Trump endorsed him as a tireless advocate for New Jersey’s seventh district, the representative Tom Kean Jr was, as he has been since early March, nowhere to be found.

Kean, a New Jersey Republican, was last seen when he cast a House floor vote on 5 March, and he is running unopposed in Tuesday’s Republican primary. The Democratic race in his district, meanwhile, has attracted multiple candidates and ample fundraising.

In late April, his office said he was dealing with a “personal medical issue” and would be back “very soon”. He told the New Jersey Globe last month he expected to return within “the next couple of weeks”. In the meantime, Kean’s social media accounts have continued posting regularly, with staff attending ribbon-cuttings and graduation ceremonies on his behalf.

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California Democratic gubernatorial candidate criticized over meeting with trans athlete | Fox News Video

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California Democratic gubernatorial candidate criticized over meeting with trans athlete | Fox News Video


Roxanne Hoge and Stella Escobedo delve into the latest Berkeley IGS poll, revealing the frontrunners in California’s heated gubernatorial race. The discussion extends to the Los Angeles mayoral race, where candidates Karen Bass and Spencer Pratt are locked in a tight contest. Panelists weigh in on candidate endorsements and the broader political landscape ahead of the upcoming elections.



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