Weinstein lawyers want case dropped
NEW YORK • Harvey Weinstein’s lawyers are asking for a chance to question in court the former lead detective in his sexual assault case and the head of New York City’s special victims division, arguing the case has been “irreparably tainted” by police misconduct and should be thrown out.
The former Hollywood producer’s lawyers singled out Det. Nicholas Digaudio — whose alleged witness coaching led prosecutors to abandon part of the case last month — as they renewed their push to have five remaining counts dismissed.
The lawyers decried DiGaudio in court papers as “a serial obstructor” who was “singularly hell-bent on concealing the truth” and proposed an evidentiary hearing be held to “determine the extent of misconduct.”
They asked that special victims chief Michael Osgood also be called to testify because he has said he and Digaudio interviewed all potential witnesses together.
The Manhattan district attorney’s office declined to comment.
The New York Police Department reiterated its statement that “the evidence against Mr. Weinstein is compelling and strong” and that it will continue to work with prosecutions “to deliver justice for the courageous survivors who have bravely come forward.”
The union representing Digaudio, the Detectives’ Endowment Association, did not immediately respond. It has previously said Digaudio “was simply trying to get to the truth” and wasn’t trying to influence the investigation.
Three of the five remaining criminal charges against Weinstein stem from allegations he raped a woman in a hotel room in March 2013. They are also tainted by allegations Digaudio behaved improperly. The two other charges allege Weinstein forcibly performed oral sex on her in 2006 at his Manhattan apartment.
Prosecutors dropped a sixth charge, alleging Weinstein forced Lucia Evans to perform oral sex in 2004 when she was a college student and fledgling actress, last month after evidence surfaced that Digaudio told her friend to keep quiet when she raised doubts about the veracity of the allegations.
Weinstein, 66, denies all allegations of nonconsensual sex.
Weinstein’s lawyers, in their filing, also again knocked prosecutors for failing to show the grand jury that indicted him evidence they contend undermines the remaining allegations.