Harvey Weinstein could be a free man.
The convicted sex offender’s motion for leave to appeal has been granted by State of New York Court of Appeals.
His attorney, Arthur L. Aidala, whose firm represents the disgraced movie mogul, tells Page Six, “Harvey lives to fight another day.”
The move follows a denial for an appeal from the Appellate Division, First Department court in June, when a five-judge panel found that trial judge Jim Burke’s actions were appropriate and did not warrant overturning Weinstein’s conviction.
But now, Weinstein, who was given a 23-year sentence for rape and sexual abuse, will have another shot at arguing the judge made mistakes.
“This isn’t about whether [Weinstein] is innocent or guilty, but if he got a fair trial or not a fair trial. It’s about whether the trial judge followed the law,” Aidala told us.
The defense argues that Judge Burke allowed several witnesses to testify about acts that, Aidala alleged, “Harvey was never charged with. As well as the fact there was one juror who has written a book about sexual predators that she lied about during jury selection.”
We are told that all the paperwork from both sides should be submitted by early next year with oral arguments taking place next spring.
“We would hope we would get a decision in late spring early summer of 2023,” Aidala tells us, stating the pervy producer and catalyst for the #MeToo movement could “be a free man in 2023 or 2024.”
If the case goes to trial again, Weinstein would be able to be released from prison on bail, we’re told.
Aidala tells us of Weinstein, who’s currently locked up at at the Twin Towers Correctional Facility in Los Angeles: “His mood was that of relief and he is very hopeful that these judges will rule that he did not get a fair trial. He has consistently maintained his innocence as he does today.”
