Judge declines to dismiss Harvey Weinstein's criminal case

22 December, 2018, 17:16 | Author: Jared Lewis
  • Harvey Weinstein in court as judge declines to dismiss #MeToo sexual assault case against him - live updates

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.

Weinstein arrived in a NY court Thursday to receive Judge James Burke's ruling, following multiple controversies over the case.

The 66-year-old Weinstein is facing five counts over an alleged rape in March 2013 and a forced act of oral sex in 2006.

Weinstein has denied the allegations and has said the relationships were consensual.

Weinstein's lawyers say the case has devolved into chaos and was "irreparably tainted" by Det Nicholas DiGaudio's alleged interference with a witness and an accuser.

His lawyer's have been working on a dismissal since, but now it appears that Weinstein will indeed face his day in court.

"This indictment was based on evidence and testimony before the grand jury", she said upon leaving court.

The judge denied both requests, saying the defendant can explore witness credibility issues at trial, court documents show.

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He faces five felony charges: two counts of predatory sexual assault, one count of criminal sexual act in the first degree and one count each of first-degree rape and third-degree rape.

Burke, in his ruling, noted that count was dismissed not because prosecutors disbelieved the alleged victim but because they determined they may not have been able to prove the charge beyond a reasonable doubt. "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".

In October a NY court was forced to drop a separate rape charge against Mr Weinstein, 66, over an alleged attack in 2004.

The Hollywood producer has been accused by more than 80 women of sexual misconduct and has been a focus of the #MeToo campaign.

The second argument is that Weinstein's accusers are lying about the nature of their sexual contact with the movie mogul.

After a brief discussion with the lawyers, the judge denied a motion to dismiss the case. 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'.

A friend of Evans said she had heard her say that she had willingly engaged in oral sex with Weinstein to secure a movie role.

Brafman argued that the rest should go, too, arguing that a detective involved in Weinstein's arrest made several key mistakes in his investigation and that the women who accused his client are lying.

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