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)

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

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
253 new COVID-19 cases, 4 more deaths in Interior Health over the weekend

More than 1,000 cases in the region remain active

A Trail man has a lucky tin for a keepsake after it saved him from a stabbing last week. File photo
RCMP: Small tin saved Trail man from stabbing

The man was uninjured thanks to a tin in his jacket

School District 8 is asking the education ministry to stop making the Foundation Skills Assessment data public. File photo
Kootenay Lake School District requests education ministry make annual student assessments private

The district is concerned the data is being misused by the Fraser Institute

Nelson has begun 2021 with a small rise in COVID-19 cases. Illustration: BC Centre for Disease Control
Ten new cases of COVID-19 in Nelson area

The cases were reported for the week of Jan. 3 to 9

Zoey Uniat is now three months old. Photo: Submitted
Castlegar baby with rare disorder progressing towards coming home

Fundraiser for Zoey Uniat has raised more than $50,000

Provincial health officer Dr. Bonnie Henry prepares a daily update on the coronavirus pandemic, April 21, 2020. (B.C. Government)
B.C. adjusts COVID-19 vaccine rollout for delivery slowdown

Daily cases decline over weekend, 31 more deaths

Sunnybank
COVID-19 related deaths at Oliver, West Kelowna and Vernon senior care homes

Sunnybank, Heritage Retirement Residence and Noric House recorded deaths over the weekend

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

A female prisoner sent Langford police officers a thank-you card after she spent days in their custody. (Twitter/West Shore RCMP)
Woman gives Victoria-area jail 4.5-star review in handwritten card to police after arrest

‘We don’t often get thank you cards from people who stay with us, but this was sure nice to see’: RCMP

An elk got his antlers caught up in a zip line in Youbou over the weekend. (Conservation Officer Service Photo)
Elk rescued from zip line in Youbou on Vancouver Island

Officials urge people to manage items on their property that can hurt animals

Tla-o-qui-aht First Nation Chantel Moore, 26, was fatally shot by a police officer during a wellness check in the early morning of June 4, 2020, in Edmundston, N.B. (Facebook)
Frustrated family denied access to B.C. Indigenous woman’s police shooting report

Independent investigation into B.C. woman’s fatal shooting in New Brunswick filed to Crown

Delta Police Constable Jason Martens and Dezi, a nine-year-old German Shepherd that recently retired after 10 years with Delta Police. (Photo submitted)
Dezi, a Delta police dog, retires on a high note after decade of service

Nine-year-old German Shepherd now fights over toys instead of chasing down bad guys

Nurses collect samples from a patient in a COVID suspect room in the COVID-19 intensive care unit at St. Paul’s hospital in downtown Vancouver, Tuesday, April 21, 2020. (THE CANADIAN PRESS/Jonathan Hayward)
5 British Columbians under 20 years old battled COVID-19 in ICU in recent weeks

Overall hospitalizations have fallen but young people battling the virus in hospital has increased

Canada released proposed regulations Jan. 2 for the fisheries minister to maintain Canada’s major fish stocks at sustainable levels and recover those at risk. (File photo)
New laws would cement DFO accountability to depleted fish stocks

Three B.C. salmon stocks first in line for priority attention under proposed regulations

Most Read