Harvey Weinstein Appeals Rape Conviction, Blames 'Cavalier' Judge The movie mogul was sentenced to 23 years in state prison, which his lawyers argued Monday was “unduly harsh and excessive.” Michael R. Sisick NEW YORK (AP) — More than a year after Harvey Weinstein’s rape conviction, his lawyers are demanding a new trial, arguing in court papers Monday that the landmark #MeToo prosecution that put him behind bars was buoyed by improper rulings from a judge who was “cavalier” in protecting the disgraced movie mogul’s right to a fair trial. In a 166-page brief filed with a state appellate court, Weinstein’s lawyers took repeated aim at Manhattan Judge James Burke, arguing that he swayed the trial’s outcome with repeated rulings favorable to prosecutors — including a decision allowing additional accusers to testify about allegations that never led to criminal charges.