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Judge Declines to Throw Out Harvey Weinstein Criminal Case

21 December 2018

Such a ruling wouldn't rule out prosecutors bringing charges involving other women who say they were sexually assaulted by Weinstein in NY.

Harvey Weinstein leaves the hearing where a judge dismissed his bid to have two charges dropped.

He was arrested by the New York Police Department in May and charged in Manhattan with forcing former actress Lucia Evans to perform oral sex on him in 2004; attacking another woman, Mimi Haleyi, in 2006; and sexually assaulting an unidentified woman in a hotel in 2013.

The judge can agree with the defense, or he could schedule a trial.

Wearing a dark suit, he walked slowly from a black SUV in NY up some stairs and into the courtroom through the main entrance.

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Weinstein's attorney Benjamin Brafman told reporters after the hearing, "Mr. Weinstein has denied these crimes".

Weinstein's lawyers have been fighting to get all six charges against him tossed out, including predatory sexual assault, which could land him behind bars for life.

It's been 14 months since the first allegations of sexual misconduct against Harvey Weinstein that sparked Hollywood's #MeToo movement.

Gloria Allred, who represents one of the women in the case, said "This indictment was based on evidence and testimony before the grand jury".

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.

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Weinstein's lawyers say the case has devolved into chaos and was "irreparably tainted" by DiGaudio's alleged interference. Prosecutors say there's "ample evidence" to put Weinstein, 66, on trial and that the DiGaudio allegations haven't sullied the rest of the case. About half a dozen women supporting Time's Up, including actresses Amber Tamblyn and Marisa Tomei, were at the hearing Thursday.

DiGaudio allegedly told the witness in February that when she spoke to prosecutors, "less is more". 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. Prosecutors said the material didn't pertain to Weinstein and the woman wound up not deleting anything.

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

Given how his initial exposure as an alleged sexual predator largely kicked off the slew of powerful men in show business being removed from power by allegations of sexual misconduct, his case is growing in profile as it briefly looked like it would be over before it started.

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Judge Declines to Throw Out Harvey Weinstein Criminal Case