Harvey Weinstein, left, arrives at New York Supreme Court with his attorney Benjamin Brafman, Thursday, Dec. 20, 2018, in New York. (AP Photo/Seth Wenig)

Judge declines to throw out Harvey Weinstein criminal case

Lawyers argued case was ‘irreparably tainted’ by detective’s alleged coaching of potential witness

  • Dec. 20, 2018 8:45 a.m.

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 defence 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.

But Burke ruled that Weinstein’s claims of prosecutorial misconduct had “no basis.” He also denied Weinstein’s request for an evidentiary hearing.

Weinstein’s next court date is scheduled for March 7.

READ MORE: Harvey Weinstein denies sexual assault allegations by Canadian woman

His defence attorney, Benjamin Brafman, said he was disappointed with Burke’s ruling, but said he remains confident Weinstein will be “completely exonerated” at trial.

“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 $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. The Associated Press does not identify alleged victims of sexual assaults unless they come forward publicly.

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.

“Today, here in New York, we saw the first steps towards justice,” Time’s Up President Lisa Borders said after the judge’s ruling.

Michael R. Sisak, The Associated Press

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

RDN enters into Stage 2 water restrictions, City of Nanaimo enters Stage 1

Stage 2 sees odd-number addresses watering on odd-number days and vice-versa

Nanaimo dentists donate 4,000 masks, 25,000 gloves to health-care peers

Nanaimo District Dental Society collects items for front-line workers during COVID-19 pandemic

Electric bike worth $3,000 stolen in Nanaimo’s north end

Nanaimo RCMP looking for suspect who cut lock and rode off with e-bike Monday

Thieves taking advantage of empty streets, say Nanaimo RCMP

Police offer crime prevention reminders during COVID-19 pandemic

Nanaimo merchants struggle to find a new ‘business as usual’ during COVID-19 pandemic

Some businesses trying to make do with delivery, takeout or online sales

First Nations, remote communities need special attention in pandemic, Freeland says

Health-care workers, seniors, Indigenous Peoples some of people most at risk, health officials say

Controversial Cowichan tiny house still in place after removal deadline

Cowichan Valley Regional District had ordered it removed by March 15

Call before you dig into spring projects during isolation: BC 1 Call

BC 1 Call gives free checks for utilities in the area of a desired outdoor project

B.C.’s intersection speed cameras putting more tickets in the mail

One Nanaimo location delayed after speed limit reduced

B.C. records five new COVID-19 deaths, ‘zero chance’ life will return to normal in April

Province continue to have a recovery rate of about 50 per cent

High cost, limited coverage for asthma medicine a concern during COVID-19 pandemic

B.C. man says he skips puffs to save money, but others have it worse

Vancouver Island’s ‘Project Draw Breath’ expands and diversifies to battle pandemic

Grassroots team working to up supplies of ventilators, other equipment during COVID-19 crisis

B.C. man sick with COVID-19 calls it a ‘horrible disease’

Tim Green says he has ‘extreme coughing fits every hour’ to clear his lungs

Trudeau says Parliament needs to sit to pass expanded COVID-19 benefits

Wage subsidy program has been greatly expanded since it was first approved

Most Read