Published: Sat, December 22, 2018
Culture | By Jeremy Gray

Harvey Weinstein Case Moves Forward, As Judge Denies Bid To Dismiss Charges

Harvey Weinstein Case Moves Forward, As Judge Denies Bid To Dismiss Charges

A judge has made a decision to move forward in the sexual assault case of disgraced Hollywood producer Harvey Weinstein.

After a brief hearing and discussion with the lawyers, that lasted roughly 15 minutes total, the judge denied a motion to dismiss the case.

A judge denied a motion by the former movie mogul's team that the case had been "irreparably tainted" by allegations a police detective acted improperly during the investigation.

The Hollywood producer is charged with raping a woman in a hotel room in 2013 and sexually assaulting another in 2006.

It's been 14 months since the first allegations against Weinstein came out of the woodwork last fall, leading dozens of women to point the finger at the Hollywood power player for misconduct over almost four decades.

Prosecutors say there's ample evidence to move forward to trial.

"Frankly, we are relieved that Harvey Weinstein failed in his efforts to avoid accountability for his actions, and we are very happy that none of the charges were dismissed". He also noted that prosecutors were not required to present all the evidence favourable to Weinstein to the grand jury.

Prosecutors also apparently failed to disclose to the defense affectionate text messages Haleyi sent to Weinstein after the alleged assault, which would have introduced a notion of doubt about the forced nature of the encounter.

Weinstein's lawyers have been fighting to get all six charges against him tossed out, including predatory sexual assault, which could land him behind bars for life.

Weinstein steps down from his car
Weinstein steps down from his car Credit Julio Cortez AP

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.

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

"This is not about the #MeToo movement", Brafman said following the hearing.

On Thursday, Weinstein and his lawyers sought to have the remaining charges dismissed.

The investigator is alleged to have coached a potential witness and one of Weinstein's accusers.

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

The next hearing in the case is set for 7 March. Prosecutors said the material didn't pertain to Weinstein and the woman wound up not deleting anything. He is urging Burke to dismiss the case, writing in a recent court filing: "The only reasonably prudent decision would be to stop this chaos now".

Barbara Barron, a professor at Hofstra University School of Law, says the detective's conduct created a "surprise" in the Weinstein case.

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