Judge declines to throw out sexual assault charges against Harvey Weinstein
A New York judge declined to dismiss sexual assault charges against Harvey Weinstein Thursday, rejecting the latest push from the disgraced film producer’s lawyers to have his indictment thrown out. Judge James Burke’s ruling buoyed a prosecution that has appeared on rocky ground in recent months amid a prolonged defense effort to raise doubts about the case and the police investigation.
Weinstein’s lawyers argued the case had been “irreparably tainted” by a detective’s alleged coaching of a potential witness and one of the accusers. They also said the grand jury should have been shown evidence that Weinstein had exchanged friendly emails with his two accusers after the alleged attacks.
“We intend to vigorously defend this case to the best of our ability,” Brafman told reporters after the hearing. “It does not in any way suggest that the case against Mr. Weinstein is going to end badly.” Weinstein has denied all allegations of nonconsensual sex. He pleaded not guilty and is free on USD 1 million bail. He left court without commenting.
He is charged with raping an unidentified female acquaintance in his hotel room in 2013 and performing a forcible sex act on a different woman in 2006. Images of Weinstein, the notoriously bombastic producer of Oscar winners “Shakespeare in Love” and “The English Patient,” in handcuffs last spring were seen by many women as a cathartic moment in the #MeToo reckoning. About half a dozen women supporting Time’s Up, including actresses Amber Tamblyn and Marisa Tomei, were at the hearing Thursday.
Burke could have dismissed some or all of the charges, which would have been a major setback for Manhattan District Attorney Cyrus Vance Jr., who was criticized for declining to pursue criminal charges against Weinstein when he was accused of groping an Italian model in 2015.
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 in recent months, Weinstein worked side-by-side with Brafman to throw doubt on the case and his accusers. They plucked emails from his movie studio’s servers they say showed Weinstein had friendly, consensual relationships with the women.
Weinstein’s defense was boosted in October by back-to-back allegations of misconduct in the police investigation. Manhattan prosecutors dropped one of the charges against him allegations that he raped an aspiring actress who was still in college after evidence surfaced that Det. Nicholas DiGaudio instructed a potential witness to keep some of her doubts about the veracity of the allegations to herself.
Prosecutors also disclosed an allegation that DiGaudio urged the 2013 rape accuser to delete private material from her cellphones before handing them over to the DA’s office. Prosecutors said the material didn’t pertain to Weinstein and the woman wound up not deleting anything. DiGaudio’s union has said he “was simply trying to get to the truth” and wasn’t trying to influence the investigation.







