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New York Senate passes bill to tighten legal standard Harvey Weinstein used to toss rape conviction

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New York Senate passes bill to tighten legal standard Harvey Weinstein used to toss rape conviction
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New York Senate passes bill to tighten legal standard Harvey Weinstein used to toss rape conviction

2024-05-23 06:19 Last Updated At:06:30

ALBANY, N.Y. (AP) — The New York state Senate on Wednesday passed a bill to explicitly allow evidence of prior sexual offenses in sex crimes cases, a move to change the legal standard Harvey Weinstein used to overturn his rape conviction.

The Senate approved the bill by a vote of 55-4. The proposal now moves to the state Assembly.

Lawmakers began pushing the measure weeks after the state's high court tossed Weinstein's conviction in a ruling that found a trial judge unfairly allowed women to testify about assault allegations that weren't part of the criminal charges against Weinstein.

The state does allow such evidence in limited instances, such as to prove a motive or plan, but the rules are determined by existing legal precedent, rather than state law.

The bill would make clear that evidence of previous sexual offenses can be heard in sex crimes cases, even if those prior allegations are not directly part of the underlying criminal charges. The proposal would also give judges discretion to not allow such testimony if it would create “undue prejudice” against a defendant.

Sponsors of the bill said its language is similar to a standard used by the federal government and more than a dozen other states.

The Legal Aid Society, which provides free legal representation, has warned that the proposal would confuse jurors by allowing too much outside evidence at trials and would result in unfair convictions.

Weinstein has denied the charges against him in New York, which include allegedly raping an aspiring actor and sexually assaulting a production assistant. His 2020 conviction was a major moment in the #MeToo movement. The Manhattan district attorney's office is seeking to retry him as soon as September.

The disgraced movie mogul has separately been convicted of rape in California and sentenced to 16 years in prison there. He remains jailed in New York.

FILE - Harvey Weinstein appears at Manhattan criminal court for a preliminary hearing on May 1, 2024, in New York. The New York state Senate has passed a bill to explicitly allow evidence of prior sexual offenses in sex crimes cases, a move to change the legal standard Harvey Weinstein used to overturn his rape conviction. The Senate on Wednesday , May 22, 2024, approved the proposal, sending the bill to the state Assembly. (Steven Hirsch/New York Post via AP, Pool, File)

FILE - Harvey Weinstein appears at Manhattan criminal court for a preliminary hearing on May 1, 2024, in New York. The New York state Senate has passed a bill to explicitly allow evidence of prior sexual offenses in sex crimes cases, a move to change the legal standard Harvey Weinstein used to overturn his rape conviction. The Senate on Wednesday , May 22, 2024, approved the proposal, sending the bill to the state Assembly. (Steven Hirsch/New York Post via AP, Pool, File)

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California firefighters gain ground against big wildfires after hot, windy weekend

2024-06-18 02:09 Last Updated At:02:10

GORMAN, Calif. (AP) — Firefighters increased their containment of a large wildfire in mountains north of Los Angeles on Monday after a weekend of explosive, wind-driven growth along Interstate 5.

The Post Fire was 8% surrounded after scorching nearly 23 square miles (60 square kilometers) and forcing the evacuation of at least 1,200 campers, off-roaders and hikers from the Hungry Valley recreation area on Saturday.

“That 8% is good because it means we are increasing and bolstering our containment lines,” said Kenichi Haskett, a Los Angeles County Fire Department section chief.

Firefighters hoped to hold the fire at its current size, but further growth was possible, Haskett said.

The fire broke out as weather turned hot and windy in a region where grasses spawned by a rainy winter have long since dried out and easily burn.

The massive columns of smoke that marked the fire's initial rampage were gone by Monday morning. But Sunday's smoke drifted some 225 miles (360 kilometers) northwest across the Mojave Desert to cast a slight haze in the Las Vegas area. Nevada air quality officials issued an alert advising children, older adults, and people with respiratory and heart disease to stay indoors.

In Northern California, a wildfire sparked Sunday prompted evacuation orders and warnings for a sparsely populated area near Lake Sonoma. Known as the Point Fire, it was 20% surrounded Monday after charring nearly 2 square miles (5 square kilometers) about 80 miles (130 kilometers) north of San Francisco, and destroyed at least one structure.

Ben Nicholls, division chief of the Cal Fire district in area covering the Point fire, said Monday morning that fire activity subsided overnight.

“Forecasted winds are supposed to be less than we experienced yesterday, which should allow the resources assigned for this operational period to build and strengthen the control lines that were put in place yesterday," Nicholls said in a video briefing.

The Southern California fire erupted Saturday afternoon near I-5 in Gorman, about 60 miles (100 kilometers) northwest of Los Angeles. Two structures burned within the evacuated recreation area.

To the south, popular Pyramid Lake was closed as a precaution on Father's Day. Officials also warned residents of Castaic, home to about 19,000 people, that they should prepare to leave if the fire pushed farther south.

“If you’re in a warning area, be prepared with a ‘go bag,’ with overnight clothes and your cellphone, your medicines, your glasses. Have your car fueled up,” said Haskett. “Be ready to evacuate.”

About 75 miles (120 kilometers) to the east, the nearly 2-square-mile (5-square-kilometer) Hesperia Fire was 30% contained after no overnight growth. The fire erupted Saturday and forced road closures and evacuation warnings in San Bernardino County.

Contributing to this report were Associated Press radio reporter Julie Walker in New York and writers Kathy McCormack in Concord, New Hampshire, and John Antczak and Christopher Weber in Los Angeles.

Motorists stop to watch a smoke column during the Point Fire in Healdsburg, Calif., Sunday, June 16, 2024. (Stephen Lam/San Francisco Chronicle via AP)

Motorists stop to watch a smoke column during the Point Fire in Healdsburg, Calif., Sunday, June 16, 2024. (Stephen Lam/San Francisco Chronicle via AP)

A firefighter sprays water on a burning outbuilding as the Point Fire spreads along West Dry Creek Road in Healdsburg, Calif., on Sunday, June 16, 2024. (AP Photo/Noah Berger)

A firefighter sprays water on a burning outbuilding as the Point Fire spreads along West Dry Creek Road in Healdsburg, Calif., on Sunday, June 16, 2024. (AP Photo/Noah Berger)

Firefighters battle the Point Fire burning along West Dry Creek Road in Healdsburg, Calif., on Sunday, June 16, 2024. (AP Photo/Noah Berger)

Firefighters battle the Point Fire burning along West Dry Creek Road in Healdsburg, Calif., on Sunday, June 16, 2024. (AP Photo/Noah Berger)

A firefighting helicopter releases water while battling the Point Fire in Healdsburg, Calif., Sunday, June 16, 2024. (Stephen Lam/San Francisco Chronicle via AP)

A firefighting helicopter releases water while battling the Point Fire in Healdsburg, Calif., Sunday, June 16, 2024. (Stephen Lam/San Francisco Chronicle via AP)

Motorists stop to watch a smoke column during the Point Fire in Healdsburg, Calif., Sunday, June 16, 2024. (Stephen Lam/San Francisco Chronicle via AP)

Motorists stop to watch a smoke column during the Point Fire in Healdsburg, Calif., Sunday, June 16, 2024. (Stephen Lam/San Francisco Chronicle via AP)

A firefighter sprays water on a burning outbuilding as the Point Fire spreads along West Dry Creek Road in Healdsburg, Calif., on Sunday, June 16, 2024. (AP Photo/Noah Berger)

A firefighter sprays water on a burning outbuilding as the Point Fire spreads along West Dry Creek Road in Healdsburg, Calif., on Sunday, June 16, 2024. (AP Photo/Noah Berger)

Firefighters extinguish a burning outbuilding as the Point Fire spreads along West Dry Creek Rd. in Healdsburg, Calif., on Sunday, June 16, 2024. (AP Photo/Noah Berger)

Firefighters extinguish a burning outbuilding as the Point Fire spreads along West Dry Creek Rd. in Healdsburg, Calif., on Sunday, June 16, 2024. (AP Photo/Noah Berger)

Firefighters with Kenwood Fire Protection District hose a burning hillside while battling the Point Fire in Healdsburg, Calif., Sunday, June 16, 2024. (Stephen Lam/San Francisco Chronicle via AP)

Firefighters with Kenwood Fire Protection District hose a burning hillside while battling the Point Fire in Healdsburg, Calif., Sunday, June 16, 2024. (Stephen Lam/San Francisco Chronicle via AP)

Flames from the Post Fire advance on Sunday, June 16, 2024, in Lebec, Calif. (AP Photo/Eric Thayer)

Flames from the Post Fire advance on Sunday, June 16, 2024, in Lebec, Calif. (AP Photo/Eric Thayer)

A firefighter looks at flames from the Max Fire on Sunday, June 16, 2024, in Lancaster, Calif. (AP Photo/Eric Thayer)

A firefighter looks at flames from the Max Fire on Sunday, June 16, 2024, in Lancaster, Calif. (AP Photo/Eric Thayer)

A firefighter lights a backfire during the Post Fire, Sunday, June 16, 2024, in Lebec, Calif. (AP Photo/Eric Thayer)

A firefighter lights a backfire during the Post Fire, Sunday, June 16, 2024, in Lebec, Calif. (AP Photo/Eric Thayer)

A firefighter watches for advancing flames during the Post Fire on Sunday, June 16, 2024, in Gorman, Calif. (AP Photo/Eric Thayer)

A firefighter watches for advancing flames during the Post Fire on Sunday, June 16, 2024, in Gorman, Calif. (AP Photo/Eric Thayer)

Firefighters work against the advancing Post Fire early Sunday, June 16, 2024, in Gorman, Calif. (AP Photo/Eric Thayer)

Firefighters work against the advancing Post Fire early Sunday, June 16, 2024, in Gorman, Calif. (AP Photo/Eric Thayer)

Firefighters work to spray down a burned structure during the Max Fire on Sunday, June 16, 2024, in Lancaster, Calif. (AP Photo/Eric Thayer)

Firefighters work to spray down a burned structure during the Max Fire on Sunday, June 16, 2024, in Lancaster, Calif. (AP Photo/Eric Thayer)

Fire crews walk along a road while fighting the Post Fire, Sunday, June 16, 2024, in Lebec, Calif. (AP Photo/Eric Thayer)

Fire crews walk along a road while fighting the Post Fire, Sunday, June 16, 2024, in Lebec, Calif. (AP Photo/Eric Thayer)

A firefighter keeps an eye on a spot fire while fighting the advancing Post Fire on Sunday, June 16, 2024, in Gorman, Calif. (AP Photo/Eric Thayer)

A firefighter keeps an eye on a spot fire while fighting the advancing Post Fire on Sunday, June 16, 2024, in Gorman, Calif. (AP Photo/Eric Thayer)

Flames from the Post Fire advance on structures on Saturday, June 15, 2024, in Gorman, Calif. (AP Photo/Eric Thayer)

Flames from the Post Fire advance on structures on Saturday, June 15, 2024, in Gorman, Calif. (AP Photo/Eric Thayer)

Flames from the advancing Post Fire burn brush on Sunday, June 16, 2024, in Gorman, Calif. (AP Photo/Eric Thayer)

Flames from the advancing Post Fire burn brush on Sunday, June 16, 2024, in Gorman, Calif. (AP Photo/Eric Thayer)

Firefighters work against the advancing Post Fire on Sunday, June 16, 2024, in Gorman, Calif. (AP Photo/Eric Thayer)

Firefighters work against the advancing Post Fire on Sunday, June 16, 2024, in Gorman, Calif. (AP Photo/Eric Thayer)

A burned trailer is left behind after the Post Fire swept through the area, Sunday, June 16, 2024, in Lebec, Calif. (AP Photo/Eric Thayer)

A burned trailer is left behind after the Post Fire swept through the area, Sunday, June 16, 2024, in Lebec, Calif. (AP Photo/Eric Thayer)

CORRECTS CITY TO LEBEC A helicopter drops water as fire crews mop up after the Post Fire swept through Sunday, June 16, 2024, in Lebec, Calif. (AP Photo/Ryan Sun)

CORRECTS CITY TO LEBEC A helicopter drops water as fire crews mop up after the Post Fire swept through Sunday, June 16, 2024, in Lebec, Calif. (AP Photo/Ryan Sun)

Water is dropped by helicopter as crews fight the Post Fire, Sunday, June 16, 2024, in Lebec, Calif. (AP Photo/Eric Thayer)

Water is dropped by helicopter as crews fight the Post Fire, Sunday, June 16, 2024, in Lebec, Calif. (AP Photo/Eric Thayer)

Firefighters work against the advancing Post Fire on Sunday, June 16, 2024, in Gorman, Calif. (AP Photo/Eric Thayer)

Firefighters work against the advancing Post Fire on Sunday, June 16, 2024, in Gorman, Calif. (AP Photo/Eric Thayer)

Firefighters work under a smoldering hillside left behind by the Post Fire Saturday, June 15, 2024, in Gorman, Calif. (AP Photo/Marcio Jose Sanchez)

Firefighters work under a smoldering hillside left behind by the Post Fire Saturday, June 15, 2024, in Gorman, Calif. (AP Photo/Marcio Jose Sanchez)

Firefighters line up to fight the Post Fire on Sunday, June 16, 2024, in Castaic, Calif. (AP Photo/Ryan Sun)

Firefighters line up to fight the Post Fire on Sunday, June 16, 2024, in Castaic, Calif. (AP Photo/Ryan Sun)

A firefighter shields against debris from the wind during the Post Fire, Sunday, June 16, 2024, in Lebec, Calif. (AP Photo/Eric Thayer)

A firefighter shields against debris from the wind during the Post Fire, Sunday, June 16, 2024, in Lebec, Calif. (AP Photo/Eric Thayer)

Firefighters work against the advancing Post Fire early Sunday, June 16, 2024, in Gorman, Calif. (AP Photo/Eric Thayer)

Firefighters work against the advancing Post Fire early Sunday, June 16, 2024, in Gorman, Calif. (AP Photo/Eric Thayer)

A building lies destroyed from the Max Fire on Sunday, June 16, 2024, in Lancaster, Calif. (AP Photo/Eric Thayer)

A building lies destroyed from the Max Fire on Sunday, June 16, 2024, in Lancaster, Calif. (AP Photo/Eric Thayer)

Water is dropped by helicopter as crews fight the Post Fire, Sunday, June 16, 2024, in Lebec, Calif. (AP Photo/Eric Thayer)

Water is dropped by helicopter as crews fight the Post Fire, Sunday, June 16, 2024, in Lebec, Calif. (AP Photo/Eric Thayer)

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