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Harvey Weinstein Case Can Go Forward, Judge Rules Judge Rejects Harvey Weinstein’s Request to Dismiss Sexual Assault Case
(about 2 hours later)
The criminal case against Harvey Weinstein can go forward, a state judge in Manhattan ruled on Thursday, rejecting the Hollywood producer’s arguments that errors by the police and prosecutors had tainted the grand jury and the indictment should be thrown out.The criminal case against Harvey Weinstein can go forward, a state judge in Manhattan ruled on Thursday, rejecting the Hollywood producer’s arguments that errors by the police and prosecutors had tainted the grand jury and the indictment should be thrown out.
The last time Mr. Weinstein appeared in Manhattan Criminal Court the same judge dismissed part of the indictment against him after it was revealed that a police detective on the case had withheld crucial evidence from prosecutors. The decision paved the way for Mr. Weinstein to go to trial next year on charges that he raped one woman and forced another to allow him to perform oral sex on her.
Since then, Mr. Weinstein’s lawyers have released evidence — including a series of emails — intended to undermine the allegations of the remaining accusers. Mr. Weinstein stands accused of sexually assaulting two women. The defense has also raised questions about the extent of police misconduct in the case. Mr. Weinstein’s lawyer, Benjamin Brafman, filed a motion last month asking Justice James Burke of State Supreme Court to dismiss the case. Mr. Brafman had argued that prosecutors did not share “highly exculpatory evidence” with the grand jury and defense lawyers, including correspondence suggesting the women remained on friendly terms with Mr. Weinstein after the alleged attacks. Mr. Brafman also claimed that “police and prosecutorial misconduct” had tainted the grand jury’s decision-making.
Mr. Weinstein’s lawyer, Benjamin Brafman, filed a new motion last month asking Justice James Burke to dismiss the case because prosecutors did not share “highly exculpatory evidence” with the grand jury and defense lawyers. But moments after he entered the courtroom on Thursday morning, Justice Burke quickly announced that he would not dismiss the indictment against the once-powerful producer. He later released a written decision.
But moments after entering the courtroom on Thursday morning, Justice Burke quickly announced that he would not dismiss the indictment against the once powerful producer. Later he released a written decision. “The court’s review of the grand jury minutes shows that the presentation was legally and procedurally proper and that the people presented evidence in a fair manner,” Justice Burke wrote.
“The court’s review of the grand jury minutes shows that the presentation was legally and procedurally proper and that the people presented evidence in a fair manner,” Justice Burke wrote in his order, noting that prosecutors did not present a misleading account of the women’s relationship with Mr. Weinstein. The Manhattan district attorney’s office had not presented a misleading account of the relationship between the two women and Mr. Weinstein as Mr. Brafman had claimed, Judge Burke wrote. He also noted that prosecutors were not required to present all the evidence favorable to Mr. Weinstein to the grand jury. There was no evidence, he wrote, that prosecutors had acted improperly.
Defense lawyers and prosecutors huddled at Justice Burke’s bench for a 10-minute sidebar before he adjourned the hearing. The discussion by the parties was conducted out of earshot of the public. Mr. Weinstein, 66, sat at the defense table as several actresses — Kathy Najimy, Marisa Tomei, Jennifer Esposito, Michelle Hurd, and Amber Tamblyn — looked on. The actresses had gathered as a show of support for the case against Mr. Weinstein. The last time Mr. Weinstein appeared in Manhattan Criminal Court the same judge dismissed part of the indictment against him after it was revealed that a police detective had withheld crucial evidence from prosecutors. Since then, Mr. Weinstein’s lawyers have released more material — including a series of emails — intended to undermine the allegations of the remaining accusers.
After the hearing, Ms. Najimy said she wanted “justice to be served and the perpetrator to be prosecuted to the full extent of the law.” Before the hearing was adjourned, defense lawyers and prosecutors huddled at Justice Burke’s bench for a 10-minute sidebar discussion out of earshot of the public. Mr. Weinstein, 66, sat at the defense table as actresses who had gathered as a show of support for the continuing prosecution — Kathy Najimy, Marisa Tomei, Jennifer Esposito, Michelle Hurd and Amber Tamblyn — looked on.
The judge also denied Mr. Weinstein’s request for an evidentiary hearing and said that his defense lawyers could address the issue of witness credibility during the trial. The judge also denied Mr. Weinstein’s request for an evidentiary hearing and said that his defense lawyers could address the issue of the witnesses’ credibility during the trial.
Standing on the steps of the Manhattan Criminal Courts Building before a phalanx of reporters, Mr. Brafman said he was disappointed by the judge’s decision. “We remain confident, despite the court’s ruling today, that ultimately at a trial of this case Mr. Weinstein will be completely exonerated,” Mr. Brafman said.Standing on the steps of the Manhattan Criminal Courts Building before a phalanx of reporters, Mr. Brafman said he was disappointed by the judge’s decision. “We remain confident, despite the court’s ruling today, that ultimately at a trial of this case Mr. Weinstein will be completely exonerated,” Mr. Brafman said.
More than 80 women have accused Mr. Weinstein of sexual assault or harassment and the allegations against the producer helped fuel the global #MeToo movement.More than 80 women have accused Mr. Weinstein of sexual assault or harassment and the allegations against the producer helped fuel the global #MeToo movement.
But Mr. Brafman said that “the movement should not be able to push an indictment that is deeply flawed.”But Mr. Brafman said that “the movement should not be able to push an indictment that is deeply flawed.”
The district attorney’s office declined to comment. Mr. Weinstein is due back in court on March 7.The district attorney’s office declined to comment. Mr. Weinstein is due back in court on March 7.
Mr. Weinstein was initially indicted on sex crime charges involving three women, including one who said that the producer raped her in 2013 at a Midtown Manhattan hotel. The woman has not been identified in court papers. He was also charged with forcing two other women to engage in oral sex with him. Lucia Evans, a marketing executive, said she was assaulted in his TriBeCa office in 2004, and Mimi Haleyi, a production assistant, said Mr. Weinstein assaulted her at his apartment in 2006. Mr. Weinstein was initially indicted on sex-crime charges involving three women, including one who said that the producer raped her in 2013 at a Midtown Manhattan hotel. The woman has not been identified in court papers. He was also charged with forcing two other women to engage in oral sex with him. Lucia Evans, a marketing executive, said she was assaulted in his TriBeCa office in 2004, and Mimi Haleyi, a production assistant, said Mr. Weinstein assaulted her at his apartment in 2006.
Mr. Weinstein has denied the allegations and has said the relationships were consensual.Mr. Weinstein has denied the allegations and has said the relationships were consensual.
Judge Burke dismissed the charge related to Ms. Evans after the Manhattan district attorney’s office acknowledged that Nicholas DiGaudio, the lead detective on the case, did not disclose information from a witness who said Ms. Evans had given her a conflicting account of the episode. But Detective DiGaudio, who has since been reassigned, has maintained that he did inform prosecutors. Justice Burke dismissed the charge related to Ms. Evans after the Manhattan district attorney’s office acknowledged that Nicholas DiGaudio, the lead detective on the case, did not disclose information from a witness who said Ms. Evans had given her a conflicting account of the episode. But Detective DiGaudio, who has since been reassigned, has maintained that he did inform prosecutors.
Judge Burke said in his order on Thursday that the dismissal of the one charge “did not infect the integrity of the other charges,” and that there was “sufficient evidence” to support the remaining counts. Justice Burke said in his order on Thursday that the dismissal of the one charge “did not infect the integrity of the other charges,” and that there was “sufficient evidence” to support the remaining counts.
Speaking to reporters after the hearing, Gloria Allred, a lawyer who represents Ms. Haleyi, said she disagreed with reports that suggested the case against Mr. Weinstein was crumbling.Speaking to reporters after the hearing, Gloria Allred, a lawyer who represents Ms. Haleyi, said she disagreed with reports that suggested the case against Mr. Weinstein was crumbling.
“There’s only one person on trial,” she said, “not the district attorney, not the police, it’s Harvey Weinstein. All the money poured into this case by the defense, and time and effort, did not succeed in helping Mr. Weinstien avoid facing a trial, avoid facing his accusers.” “There’s only one person on trial,” she said, “not the district attorney, not the police, it’s Harvey Weinstein. All the money poured into this case by the defense, and time and effort, did not succeed in helping Mr. Weinstein avoid facing a trial, avoid facing his accusers.”
In one of his most recent motions, Mr. Brafman included emails between Ms. Haleyi and Mr. Weinstein, in which she responds in a friendly manner after the alleged assault, wishing him in one note, “Lots of love.”In one of his most recent motions, Mr. Brafman included emails between Ms. Haleyi and Mr. Weinstein, in which she responds in a friendly manner after the alleged assault, wishing him in one note, “Lots of love.”
Ms. Allred said outwardly friendly contact with an attacker after an assault does not mean that a crime did not occur. She noted similar evidence had been presented at Bill Cosby’s trial on charges that he sexually assaulted Andrea Constand, but ultimately a jury still decided to convict him. Ms. Allred said outwardly friendly contact with an attacker after an assault does not mean that a crime did not occur. She noted similar evidence had been presented at the trial of the actor Bill Cosby on charges that he sexually assaulted Andrea Constand, but ultimately a jury convicted him.
Standing on the courthouse steps with the actresses, Lisa Borders, president of Times Up, a legal advocacy group for women facing sexual harassment in the workplace, said the group was “relieved that Harvey Weinstein failed in his efforts to avoid accountability in his actions.” Standing on the courthouse steps with the actresses, Lisa Borders, president of Time’s Up, a legal advocacy group for women facing sexual harassment in the workplace, said the group was “relieved that Harvey Weinstein failed in his efforts to avoid accountability in his actions.”
Ms. Borders said, “Today here in New York we saw the first steps toward justice.”Ms. Borders said, “Today here in New York we saw the first steps toward justice.”