“Mr. Weinstein was denied his constitutional right to be tried by a fair and impartial jury when the court refused to dismiss a juror for cause after his peremptory challenges were exhausted and permitted her to remain on the jury, even after it was well-established that she lied about matters material to her fitness to serve,” the filing, shared in full by Deadline on Monday afternoon, states.
Elsewhere in the 190-page filing, Weinstein’s legal team claims the conviction for third-degree rape “should be reversed” with the charge dismissed. Furthermore, Weinstein’s representation has argued that his total sentence (23 years) was “unduly harsh and excessive.” The team is calling for a new trial with regard to the other charge.
In March of last year, Weinstein—the co-founder of Miramax—was sentenced to 23 years in prison (20 years for the criminal sexual act and three years for third-degree rape). The disgraced film industry figure, now 69 years old, was found guilty of assaulting ex-production assistant Mimi Haleyi in 2006 and of raping actress Jessica Mann in 2013.
According to Deadline’s report, a response to Weinstein’s appeal from the Manhattan District Attorney’s Office is expected to be made public “in the next week.”
In January, a U.S. Bankruptcy Court judge confirmed a Weinstein Co. liquidation which will set aside more than $17 million to go toward victims of Weinstein’s sexual misconduct. More than 80 women have accused Weinstein of sexual conduct.