Harvey Weinstein Appeal Explained | What's The Appeal?

The Importance of Fair Trials for Everyone: "If anybody deserves a fair trial, it is the most guilty, deplorable person you can possibly imagine. Because if he can get a fair trial, then you, when you're not guilty, you can get a fair trial too..." - Steve Palmer

Using Weinstein’s high-profile New York conviction as our guide, I break down why the court’s decision to allow testimony from other alleged victims became such a crucial issue on appeal.

I walk you through why ensuring a fair trial (yes, even for someone as notorious as Weinstein) is so important for the justice system as a whole. You’ll hear my take on what happened inside that contentious jury room, the chaos (and value) of passionate deliberations, and what it really means when jurors can’t agree.

We’ll use classic courtroom wisdom, a nod to the film “12 Angry Men,” and explore what prosecutors can do after a hung jury.

If you’ve ever wondered what goes on behind the scenes after a big trial wraps up, or why appeals matter, this episode is for you. You'll learn what makes the adversarial process tick and why procedural fairness isn’t just a technicality. It’s the backbone of justice.

Here are my key takeaways:

Why Procedural Fairness Matters: No matter how “guilty” or reviled someone may be, the system must guarantee a fair trial. Otherwise, the same rules protecting the innocent begin to erode. The denial of a fair trial for anyone jeopardizes the process for everyone.

How Juries REALLY Work: The jury deliberations in Weinstein’s retrial were reportedly contentious. Yelling, disagreements, and passionate debate. This, I argue, actually shows the adversarial system doing its job as jurors hash out the facts and arrive at the closest thing to the truth.

What Happens After a Hung Jury: If a jury can’t agree (a “hung jury”), prosecutors aren’t required to retry the case, but often will. Especially if victims push for it or to secure a complete legal outcome, even if other convictions already mean substantial prison time.

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

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