An attempt by Harvey Weinstein's legal team to have sexual assault charges against him dismissed was rejected by a NY judge yesterday.
Weinstein arrived in a NY court Thursday to receive Judge James Burke's ruling, following multiple controversies over the case.
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.
Weinstein, who faces a up to life in prison if convicted of the five charges against him, has denied having nonconsensual sex with anyone following accusations by more than 70 women, mostly young actresses and other women employed in the movie business, of sexual misconduct, including rape, going back decades. Weinstein denies all allegations of non-consensual sex.
Brafman argued the case was "irreparably tainted by police misconduct" and wanted it dismissed.
Harvey Weinstein, center, and his attorney Ben Brafman, right, make an appearance in court at New York Supreme Court, December 20, 2018, in New York. He also noted that prosecutors were not required to present all the evidence favourable to Weinstein to the grand jury. However, Judge Burke disagreed in his ruling on Thursday.
Harvey Weinstein leaves the hearing where a judge dismissed his bid to have two charges dropped.More news: Japan files protest over new Russian military barracks on disputed islands
As for emails, prosecutors say they are not obliged to share any of those with the defense at this stage of the proceedings.
The judge handed the lawyers a stack of papers, saying, "My decision - which does not dismiss the indictment".
A dismissal of the charges would be a big setback to Manhattan District Attorney Cyrus Vance Jr., who was criticised for declining to pursue criminal charges against Weinstein when he was accused of groping an Italian model in 2015.
Weinstein's next court date is scheduled for March 7.
Prosecutors also disclosed an allegation that Det DiGaudio urged the 2013 rape accuser to delete private material from her mobile phones before handing them over to the DA's office.
Such a ruling wouldn't rule out prosecutors bringing charges involving other women who say they were sexually assaulted by Weinstein in NY. Prosecutors said the material didn't pertain to Weinstein and the woman wound up not deleting anything. "We remain confident, despite the court's ruling today, that ultimately at a trial of this case Mr Weinstein will be completely exonerated", Brafman said.
Brafman argued that the rest should go, too, arguing that a detective involved in Weinstein's arrest made several key mistakes in his investigation and that the women who accused his client are lying.