Cheers After Judge Refuses to Dismiss Weinstein Case

Harvey Weinstein going through security at Manhattan criminal court

"We are obviously disappointed that the court did not dismiss the indictment, but Judge (James) Burke has ruled, and we intend to continue to vigorously defend this case to the best of our ability", Weinstein's attorney, Ben Brafman, said outside the Manhattan courthouse.

Oscar victor Marisa Tomei smiled in relief after a judge refused to dismiss the sexual assault case against Harvey Weinstein, who limped into court Thursday for an update in the case against him.

The case has been clouded by allegations that police acted improperly in the investigation that led to his arrest.

Jennifer Esposito Marisa Tomei Amber Tamblyn and Michelle Hurd
Jennifer Esposito Marisa Tomei Amber Tamblyn and Michelle Hurd

Weinstein, who denies all allegations of nonconsensual sex, is putting on his fiercest campaign yet to get the case thrown out. In June, Weinstein pleaded not guilty to charges that he sexually assaulted three women. Another option is that the judge could throw the indictment out - but give prosecutors time to seek a new one.

"I still believe the charges need to be dismissed", Brafman said.

Brafman said in a court filing last month that the emails "demonstrate that these women who now allege sexual assault by Mr. Weinstein have for years engaged in loving and often intimate conversations with him before and after the date of the alleged assault", AP reported.

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Before the hearing was adjourned, defense lawyers and prosecutors huddled at Burke's bench for a 10-minute sidebar discussion out of earshot of the public. There, police investigators could be summoned to court to answer questions about alleged misconduct.

Weinstein's case started to turn in October when Manhattan prosecutors dropped one of the charges after evidence surfaced that DiGaudio instructed a potential witness in the case to keep some of her doubts about the veracity of the allegations to herself.

DiGaudio allegedly told the witness in February that when she spoke to prosecutors, "less is more". He also noted that prosecutors were not required to present all the evidence favourable to Weinstein to the grand jury.

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He apparently told another accuser, Mimi Haleyi, who says Weinstein forced her into oral sex in 2006, to delete text messages that could be potentially embarrassing for her, despite prosecutors' advice not to do so.

Barbara Barron, a professor at Hofstra University School of Law, says the detective's conduct created a "surprise" in the Weinstein case.

Weinstein lawyer Benjamin Brafman has said the case was "irreparably tainted" by police Det.

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Burke's ruling revealed that Weinstein had agreed in May to testify before the grand jury considering his case. Weinstein's lawyers are also claiming that the prosecution has not included evidence, specifically correspondence between Weinstein and his accusers that they claim allude to a consensual relationship.

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