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

Duncan’s City Hall will get a seismic assessment this year. (File photo)
Duncan City Hall to get seismic assessment

City hopes grants will help pay for seismic upgrades

Vandals damaged a picnic table at Spectacle Lake Park with a chainsaw earlier this month. (Linda Mills photo)
Editorial: Vandals make victims of us all

It is infuriating when people target public property for vandalism.

Vees' Jack Barnes picked up his second goal of the season in the team's 5-0 win over Merritt on Saturday. (Brennan Phillips - Western News)
Cowichan Capitals in deadline dilemma with 20-year-old players

Hard decisions loom when BCHL may or may not resume play

The latest homeless count in the Valley found 129 in a 24-hour period. (File photo)
Latest homeless count reveals 129 in the Cowichan Valley

But local officials believe number is higher

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature. (B.C. government)
B.C. reports 10 additional deaths, 395 new COVID-19 cases

The majority of new coronavirus infections were in the Fraser Health region

Nanaimo-raised singer Allison Crowe with director Zack Snyder on the set of ‘Man of Steel’ in 2011. Crowe performs a cover of Leonard Cohen’s Hallelujah in the upcoming director’s cut of ‘Justice League.’ (Photo courtesy Clay Enos)
Island-raised musician records song for upcoming ‘Justice League’ film

Allison Crowe’s rendition of Leonard Cohen’s Hallelujah closes out the movie

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 50-year-old man was stabbed in an altercation that started with a disagreement about physical distancing. (File photo)
Argument about physical distancing escalates to stabbing in Nanaimo

Victim, struck with coffee cup and then stabbed, suffers minor injuries; suspect arrested

A battery electric-hybrid ferry, pictured here, is expected to make its way to Vancouver Island in late 2021, says B.C. Ferries. (Submitted photo)
Hybrid ferry for Gabriola-Nanaimo route launches in shipyard in Europe

Two hybrid vessels to replace MV Quinsam by early 2022, says B.C. Ferries

The Pacheedaht First Nation is planning a $1-million expansion to its campground in Port Renfrew. (Pixabay photo)
Expanded camping announced for Pacheedaht Campground

$1-million project is part of the B.C. Rural Economic Recovery program

NDP leader Jagmeet Singh holds a press conference on Parliament Hill in Ottawa on Wednesday, Feb. 24, 2021. THE CANADIAN PRESS/Sean Kilpatrick
NDP will not trigger election as long as pandemic continues: Singh

‘“We will vote to keep the government going’

The Port of Nanaimo has signed a 50-year-agreement with DP World around short-sea shipping operations at Duke Point Terminal. (News Bulletin file photo)
Lease ‘important first step’ in $105-million Nanaimo port expansion project

Port of Nanaimo and DP World sign 50-year shipping operations agreement for Duke Point

A BC Ferries worker out of Swartz Bay has tested positive for COVID-19. (Black Press Media file photo)
Swartz Bay ferry worker confirmed to have COVID-19

Employees in direct contact with worker now isolating

Most Read