Pre-date trial set for Harvey Weinstein

Toby Graves
December 21, 2018

Harvey Weinstein arrived at a NY courthouse where his lawyers were hoping to have the sexual assault case against him thrown out.

A judge denied a motion by the former movie mogul's team that the case had been "irreparably tainted" by allegations a police detective acted improperly during the investigation.

He is accused of raping a woman in a hotel room in March 2013 and forcibly performing oral sex on another woman in 2006 at his apartment in Manhattan. Even though one count of a criminal sex act was dismissed in October, Weinstein - who has denied all allegations of nonconsensual sex across the board and pleaded not guilty in this case - faces life in prison if convicted on all charges.

As NPR has previously reported, the prosecution says New York Police Department detective Nicholas DiGaudio erred in his communications with Weinstein's accusers a few times, including encouraging one accuser to delete personal data from her phone before she handed it over to police. The lawyer Gloria Allred, who represents one of the women accusing Weinstein, said outside the courthouse Thursday that there was "still time for other accusers to come forward".

Burke dismissed one charge against Weinstein earlier this year but he flatly rejected the defense motion on Thursday to toss out the other five counts.

"The motion to dismiss on these grounds is denied".

Weinstein steps down from his car
Weinstein steps down from his car Credit Julio Cortez AP

Now it's up to Judge James Burke to decide.

If Harvey Weinstein was in charge of this script, today he'd be looking to do a reverse of the "perp walk" he was led on after his arrest.

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.

DiGaudio allegedly told the witness in February that when she spoke to prosecutors, "less is more". As a powerful Hollywood producer, Weinstein "commercialized his predatory behavior by forcing women to have sex with him if they wanted to advance their careers", Gershman says.

Weinstein has also argued that the indictment should be dismissed because the grand jury had not been shown communications that he said showed a long-term, consensual relationship between him and one of the women. Several activists involved in these movements made their presence known at the hearing.

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 past year, Weinstein's lawyer, Ben Brafman, said in a court filing.

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