Weinstein back in court seeking dismissal of sex assault case

Weinstein back in court seeking dismissal of sex assault case

Nicholas DiGaudio's alleged interference with a witness and an accuser and asked the judge to toss the charges.

Weinstein argued that this misconduct of his prosecution required dismissal; but the judge ruled against it, privately telling attorneys at Thursday's hearing that the case would continue on its path to trial.

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.

Weinstein is charged with two counts of predatory sexual assault, one count of criminal sexual act in the first degree, and one count each of rape in the first and third degree. "Frankly, we are relieved that Harvey Weinstein failed in his efforts to avoid accountability for his actions, and we are very happy that none of the charges were dismissed".

The case has been mired in complications, with Weinstein's team alleging police misconduct in the investigation.

Weinstein's next court date is scheduled for March 7.

Today, Judge Burke will decide if he thinks that's true.

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.

Burke could also keep the indictment in place, but grant the defense's request for an evidentiary hearing.

Benjamin Brafman, a lawyer for Mr Weinstein, told reporters outside the courthouse he was disappointed in the decision but was confident his client would prevail at trial.

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The accusations led to the #MeToo movement in which hundreds of women have publicly accused powerful men in business, politics and entertainment of sexual harassment and abuse.

Harvey Weinstein's judgment day has arrived.

The proceeding was attended by actresses Marisa Tomei and Kathy Najimy, the latter of whom told Vulture that she was present "to hear the proceeding and support survivors".

But six months later, the case against Weinstein appeared as though it might be in trouble.

Brafman says the case has been "irreparably tainted" by alleged police misconduct.

In October, prosecutors disclosed these and other mistakes to Weinstein's lawyers, who moved to have the assault charge based on Evans' allegations thrown out.

In October a NY court was forced to drop a separate rape charge against Mr Weinstein, 66, over an alleged attack in 2004. He also noted that prosecutors were not required to present all the evidence favourable to Weinstein to the grand jury.

"The only reasonably prudent decision would be to stop this chaos now", Brafman said in a court filing.

Burke's ruling revealed that Weinstein had agreed in May to testify before the grand jury considering his case.

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