Harvey Weinstein case to proceed after judge declines to dismiss sexual assault charges

Judge says Weinstein's claims of prosecutorial misconduct have 'no basis'

The sexual assault case against Harvey Weinstein will proceed after a judge refused to dismiss charges brought against the disgraced movie producer.

Weinstein arrived at New York County Criminal Court on Thursday flanked by his defence team, who argued the entire case had been “irreparably tainted” after a detective was accused of allegedly instructing a potential witness and one of Weinstein’s accusers.

However, Judge James Burke ruled on Thursday that Weinstein’s claims of prosecutorial or law enforcement misconduct had “no basis,” also denying his request for an evidentiary hearing.

Weinstein is charged with five counts over the alleged rape of one woman and the sexual assault of another in two separate incidents.

Weinstein has denied all allegations. He pleaded not guilty and is free on $1m bail. He left court without commenting. His next court date is scheduled for 7 March.

“We intend to vigorously defend this case to the best of our ability,” Weinstein’s attorney Benjamin Brafman told reporters after the hearing. “It does not in any way suggest that the case against Mr Weinstein is going to end badly.”

The ruling came about two months after Weinstein won dismissal of a charge involving a third woman after prosecutors revealed that New York City police detective Nicholas DiGaudio had allegedly instructed a potential witness to keep some of her doubts about the veracity of the allegations to herself. Prosecutors said they could no longer pursue the charge.

The judge could have dismissed some or all of the remaining charges, which would have been a major setback for Manhattan District Attorney Cyrus Vance Jr, who has been criticised for declining to pursue criminal charges against Weinstein when he was accused of groping an Italian model in 2015. Mr Vance cited a lack of supporting evidence at the time.

In his ruling, the judge 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.

Prosecutors also disclosed an allegation that Mr DiGaudio urged the 2013 rape accuser to delete private material from her cellphones before handing them over to the DA’s office.

They said the material did not pertain to Weinstein and the woman wound up not deleting anything. Mr DiGaudio’s union has said he “was simply trying to get to the truth” and was not trying to influence the investigation.

Late last month, Weinstein’s lawyers said they spoke to a woman who said the rape accuser asked her to corroborate her allegations, but the friend would not “make up a story”.

The friend told investigators that Weinstein and the accuser had been “hooking up” consensually for a while and that she never heard her say anything bad about him until last year, Mr Brafman said in a court filing.

In the months after the New York Times and the New Yorker began publishing stories about Weinstein’s interactions with women, activists pressured Mr Vance to bring charges as dozens of people came forward with claims of sexual misconduct against the producer. Weinstein denies all allegations of non-consensual sex.

New York Police officials poured on the pressure, too, saying publicly they believed they had gathered ample evidence to make an arrest.

Thursday’s ruling revealed that Weinstein had agreed in May to testify before the grand jury considering his case. He was arrested days later and then withdrew his notice to testify before the grand jury that charged him.

About half a dozen women supporting Time’s Up - a legal defence fund set up earlier this year for those who have experienced sexual harassment, assault or abuse - were at the hearing on Thursday. That included actresses Amber Tamblyn and Marisa Tomei.

“Today, here in New York, we saw the first steps towards justice,” Time’s Up president Lisa Borders said after the judge’s ruling.

Additional reporting by AP