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 9:45 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

Just Posted

Kootenay-Columbia incumbent MP responds to Trudeau brownface scandal

Stetski proud of NDP leader Singh’s reaction, which focused on people not power

Liberals’ Kootenay-Columbia candidate stands by Trudeau despite scandal

Robin Goldsbury says the prime minister’s racist photo is a learning opportunity

Canal Flats pavilion gets a financial boost

Trust provides over $1.9 million for 12 community projects

Windermere carnival this Sunday

Fundraiser event features bouncy castles, games, reptile room, laser tag, food and fun

VIDEO: B.C. man accused of assaulting sex worker loses temper in interrogation

Defence lawyer says statements made by accused Curtis Sagmoen should be deemed inadmissible

VIDEO: Want to improve your golf game? This golf ball cannon might work

Strange iron makes appearence at Abbotsford’s fourth annual Smart and Caring Golf Classic

VIDEO: Fire destroys Williams Lake strip club targeted by past arson attempts

Diamonds and Dust Entertainment Lounge destroyed by fire, crews on scene

Second bat found at Greater Victoria elementary school tests positive for rabies

Island Health confirms second rabies case, this time in Saanich

B.C. man guilty of first-degree murder in Yukon killing

Edward James Penner, 22, was given the mandatory life sentence for the 2017 slaying of 25-year-old Adam Cormack

Victoria man spots online photo of his totem pole 11 years after it was stolen

Mark Trueman restored the pole himself before it was stolen off of his property in Duncan

‘I’d do it again,’ says B.C. man who swam naked, drunk in Toronto shark tank

David Weaver, of Nelson, was drunk when he went to Ripley’s Aquarium in Toronto on Oct. 12 2018

How to react to Trudeau’s racist photos? With humility, B.C. prof says

‘We are now treating racism as a crime that you cannot recover from’

Woman stabbed at least five times in Nelson during random attack

Victim is in hospital, suspect is in police custody

Most Read