Harvey Weinstein's legal team has filed an appeal, arguing that the former Hollywood producer did not receive a fair trial in his 2022 conviction of rape and sexual assault in Los Angeles. Weinstein, whose similar conviction in New York was recently overturned, was sentenced to 16 years in prison. The appeal, filed on Friday with California's Second District Court of Appeal, claims that the trial judge erred in excluding crucial evidence related to the alleged victim's prior sexual relationship with a film festival director.

According to Weinstein's lawyers, the trial judge's decision to exclude evidence of the Italian model and actor's relationship with the festival director during the LA Italia Film Festival in 2013 deprived Weinstein of his constitutional rights to present a defense and resulted in a miscarriage of justice. They argue that the evidence, including Facebook messages between the alleged victim, named as Evgeniya Chernyshova, and Pascal Vicedomini, the festival's founder, would have shown that their testimonies were false and that the woman was not in her hotel room at the time of the alleged attack.

Weinstein's defense team also asserts that the judge's decision to allow jurors to be informed about his previous conviction in New York, which was subsequently overturned, unfairly prejudiced the jury against him. They claim that the inclusion of testimony from women who described alleged assaults for which Weinstein was not charged further contributed to a biased jury.

The appeal comes after his lawyers' motion for a new trial was rejected before Weinstein's sentencing. Since then, Weinstein has enlisted the help of appellate attorneys, including Jennifer Bonjean, known for successfully appealing Bill Cosby's sexual assault conviction in Pennsylvania.

Chernyshova, who was referred to as Jane Doe 1 during the trial, has since come forward publicly after the trial and has consented to the use of her name by the Associated Press. Her attorney, David Ring, responded to Weinstein's appeal, stating that the trial court had appropriately vetted the evidence and made correct decisions regarding its admissibility. Ring expressed confidence that Weinstein's appeal would be denied, leading to him serving many years in prison.

The defense's appeal brief also indicated that three jurors have signed affidavits expressing regret for their unanimous guilty verdict. The brief claims that these jurors did not believe the alleged victim and the festival director were romantically linked and asserts that access to evidence of their prior relationship would have influenced their decision on whether a rape occurred.

Weinstein's legal team further argues that a lawsuit filed by Chernyshova after the conviction suggests financial motives on her part, which should have been allowed to be explored during the trial.

The prosecution has until August 6 to file its response to Weinstein's appeal. The outcome of the appeal will determine whether Weinstein's conviction in California will stand, adding another chapter to the high-profile legal battles surrounding the #MeToo movement.