Gloria Allred, the attorney who represented the prosecution’s key witness in the New York case, Mimi Haley, said the decision was a “significant step backwards for the ‘Me Too’ movement.”

However, Haley would consider testifying if New York Dist. Atty. Alvin Bragg decided to proceed with another trial, Allred said.

“I commend Mimi on her courage and willingness to keep standing up for the truth,” Allred said. “Although victims have lost this battle, they have not lost the war. We will continue to fight for justice for victims both in criminal and civil cases until there is a fair trial — not just for the accused, but also for those who allege that they are victims of sexual predators.”

Emily Tuttle, deputy director of communications and senior advisor for the Manhattan district attorney’s office, said it would “do everything in our power to retry this case.”

Attorneys representing some of the women who came forward with allegations against Weinstein moved swiftly to condemn the ruling.

“Today’s decision is a major step back in holding those accountable for acts of sexual violence,” said Douglas H. Wigdor, an attorney who has represented eight women who made allegations against Weinstein, including two of the witnesses at the New York criminal trial.

“Courts routinely admit evidence of other uncharged acts where they assist juries in understanding issues concerning the intent, modus operandi or scheme of the defendant,” Wigdor told The Times. “The jury was instructed on the relevance of this testimony and overturning the verdict is tragic in that it will require the victims to endure yet another trial.”

Courts in California have long allowed the use of witnesses who offer allegations of prior bad acts, according to former federal prosecutor Neama Rahmani, president of West Coast Trial Lawyers.

“Prior bad acts evidence can be controversial, and the slim majority of appellate judges [in this case] ruled that the testimony of the other victims was prejudicial because their conduct was not charged,” Rahmani said.

“Prosecutors like prior bad acts evidence, especially in sexual assault cases,” Rahmani added. “Jurors may not believe the testimony of one victim, but it’s hard for them to reject the testimony of multiple victims who tell the same story.”

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