Harvey Weinstein: judge rejects bid to dismiss sexual assault charges

Harvey Weinstein

Modal Trigger Harvey Weinstein AP

Attorney Gloria Allred, who represents one of the alleged victims, said she is satisfied that the case will move to a pretrial hearing, adding that the case against Weinstein is strong.

"Moreover, there is no basis in law that the conduct of law enforcement must be imputed to the prosecutor". Weinstein is due back in court on March 7.

Before the hearing was adjourned, defense lawyers and prosecutors huddled at Burke's bench for a 10-minute sidebar discussion out of earshot of the public.

As the accusations against Mr Weinstein mounted, his company Weinstein Co fired him and filed for bankruptcy, and he was expelled from the Academy of Motion Picture Arts and Sciences.

Marisa Tomei, center, leaves New York Supreme Court after attending a hearing in the Harvey Weinstein sexual assault case, Thursday, Dec. 20, 2018, in New York.

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In May, Harvey Weinstein turned himself in to police following allegations by several women of sexual misconduct. Weinstein left the courthouse without commenting.

The case has been heavily scrutinized in the wake of the #MeToo movement, which exploded previous year after numerous women made allegations against Weinstein.

"Today, here in NY, we saw the first steps towards justice", Time's Up President Lisa Borders said after the judge's ruling.

Weinstein and his attorneys had sought to get the charges dismissed, but Judge James Burke rejected that request at a court hearing. Vance cited a lack of supporting evidence at the time, despite the existence of a clandestinely made recording of Weinstein discussing the episode with the woman.

But six months later, the case against Weinstein appeared as though it might be in trouble. Some reports say over 100 women.

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As for emails, prosecutors say they are not obliged to share any of those with the defense at this stage of the proceedings. Nicholas DiGaudio's alleged interference with a witness and an accuser. That witness never testified before the grand jury that indicted Weinstein.

His lawyers have said shoddy police work and misconduct by prosecutors should force the charges to be dismissed.

He apparently told another accuser, Mimi Haleyi, who says Weinstein forced her into oral sex in 2006, to delete text messages that could be potentially embarrassing for her, despite prosecutors' advice not to do so.

The prosecution's case against him took a blow two months ago when one charge was dropped thanks to his attorneys' successful argument that the case was tainted by a lead detective who allegedly withheld evidence.

The friend told investigators that Weinstein and the accuser had been "hooking up" consensually for a while and that she never heard her say anything bad about him until a year ago, Weinstein's lawyer, Ben Brafman, said in a court filing. Nothing in the court's ruling, however, removes the flawed theory of this case...

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