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

Dave Livesey, right, has been elected as Telkwa councillor defeating Klaus Kraft (middle) and Erik Jacobsen. (Interior News composite photo)
Dave Livesey elected to Telkwa council

Livesey received 60 votes to Klaus Kraft’s 51 and Erik Jacobsen’s 34 in preliminary results

Smithers Local Health Area reported just one new case of COVID-19 from Feb. 14-20. (BC CDC graphic)
Local weekly COVID infections drop to one

The Smithers Local Health Area (Houston to Witset) reported a single case between Feb. 14 and20

A health care worker prepares to test a Coastal GasLink field worker for COVID-19. (Coastal GasLink photo)
Coastal GasLink begins COVID screening of pipeline workers

Construction is once again ramping up following Northern Health approval of COVID management plan

RCMP. (Phil McLachlan - Black Press Media)
Smithers Weekly Police Blotter: Feb 12 – 19

Smithers RCMP open 83 new files including 15 property crime cases

FILE – A COVID-19 vaccine being prepared. (Olivia Sullivan/Sound Publishing)
B.C. seniors 80 years and older to get COVID vaccine details over next 2 weeks: Henry

Province is expanding vaccine workforce as officials ramp up age-based rollout

A health worker holds a vial of AstraZeneca vaccine to be administered to members of the police at a COVID-19 vaccination center in Mainz, Germany, Thursday, Feb. 25, 2021. The federal state of Rhineland-Palatinate, start with the vaccination of police officers in internal police vaccination centers. (Andreas Arnold/dpa via AP)
B.C. officials to unveil new details of COVID vaccination plan Monday

Seniors and health-care workers who haven’t gotten their shot are next on the list

An investigation is underway after a man was shot and killed by Tofino RCMP in Opitsaht. (Black Press Media file photo)
Man shot and killed by RCMP near Tofino, police watchdog investigating

Investigation underway by Independent Investigations Office of British Columbia.

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

B.C. Supreme Court in Vancouver on Tuesday December 11, 2018. THE CANADIAN PRESS/Darryl Dyck
B.C.’s compromise on in-person worship at three churches called ‘absolutely unacceptable’

Would allow outdoor services of 25 or less by Langley, Abbotsford and Chilliwack churches

Baldy Mountain Resort was shut down on Saturday after a fatal workplace accident. (Baldy Mountain picture)
Jasmine and Gwen Donaldson are part of the CAT team working to reduce stigma for marginalized groups in Campbell River. Photo by Marc Kitteringham, Campbell River Mirror
Jasmine’s story: Stigma can be the hardest hurdle for those overcoming addiction

Recovering B.C. addict says welcome, connection and community key for rebuilding after drug habit

A Vancouver restaurant owner was found guilty of violating B.C.’s Human Rights Code by discriminating against customers on the basis of their race. (Pixabay)
Vancouver restaurant owner ordered to pay $4,000 to customers after racist remark

Referring to patrons as ‘you Arabs’ constitutes discrimination under B.C.’s Human Rights Code, ruling deems

Nanaimo children’s author and illustrator Lindsay Ford’s latest book is ‘Science Girl.’ (Photo courtesy Lindsay Ford)
B.C. children’s writer encourages girls to pursue the sciences in new book

Lindsay Ford is holding a virtual launch for latest book, ‘Science Girl’

Most Read