Harvey Weinstein’s Lawyers Fail to Get Sexual Assault Charges Dismissed

Harvey Weinstein going through security at Manhattan criminal court

Harvey Weinstein going through security at Manhattan criminal court

A United States judge ruled on Thursday that the sexual assault case against Harvey Weinstein can go ahead, rejecting a defense motion to dismiss the charges facing the disgraced Hollywood mogul who has become the face of the #MeToo movement.

If Harvey Weinstein were in charge of the script, he'd be walking out of a court hearing on Thursday free of the criminal charges threatening to put him behind bars.

Weinstein did not speak as he arrived at court Thursday morning to learn the future of his sexual assault case, which has been clouded by allegations that police acted improperly in the investigation that led to his arrest. Even though one count of a criminal sex act was dismissed in October, Weinstein - who has denied all allegations of nonconsensual sex across the board and pleaded not guilty in this case - faces life in prison if convicted on all charges. One of the six felony charges Weinstein faces was thrown out following an error by a detective investigating the case, prosecutors said.

"I still believe the charges need to be dismissed", Brafman said.

The judge handed the lawyers a stack of papers, saying, "My decision - which does not dismiss the indictment". Manhattan Supreme Court Justice James Burke set a pretrial date for March 7.

Among those in the courtroom were actresses and #TimesUp representatives Marisa Tomei and Kathy Najimy as well as Gloria Allred, the attorney for several women accusing Weinstein of assault.

Jennifer Esposito Marisa Tomei Amber Tamblyn and Michelle Hurd
Jennifer Esposito Marisa Tomei Amber Tamblyn and Michelle Hurd

DiGaudio allegedly told the witness in February that when she spoke to prosecutors, "less is more". "The Grand Jury is not an adversarial proceeding and the People do not have the same obligation of disclosure at the Grand Jury stage as they have at the trial stage".

Jennifer promptly issued a statement firmly denying the story, while Weinstein's publicist also dismissed the allegations, insisting Harvey was "embarrassed" for Lawrence at having to respond to the "malicious claims".

DiGaudio is also accused of urging another accuser, who said Weinstein raped her in 2013, to delete information off her cellphones before turning them over to prosecutors.

Brafman says the case has been "irreparably tainted" by alleged police misconduct. Prosecutors said the material didn't pertain to Weinstein and the woman wound up not deleting anything.

It's been over a year since New York Times investigative reporters Megan Twohey and Jodi Kantor published their exposé on Harvey Weinstein, setting the #MeToo Movement in motion. The Times typically does not name women who make accusations of sexual assault, but Haleyi and Evans have told their stories in public.

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