The Borneo Post (Sabah)

Weinstein fails in bid to get charges dismissed

- By Steven Zeitchik

NEW YORK: Harvey Weinstein’s criminal trial will proceed, clearing the way for the man whose alleged actions set off the #MeToo movement to face a legal reckoning.

The judge in the case on Thursday denied the defence’s motion to dismiss the charges against the disgraced movie mogul because of what it alleged was both improper behaviour by prosecutor­s and the police in the case.

“The court finds that there is no basis for the defendant’s claim of prosecutor­ial or law enforcemen­t misconduct,” wrote the judge, James Burke of New York Criminal Court, in his sixpage ruling.

Weinstein is facing five felony charges, including counts of first- and third-degree rape, for alleged incidents involving two women. A sixth count stemming from an instance involving a third woman was earlier dismissed because of how a police officer handled evidence.

The defence, led by highprofil­e New York attorney Benjamin Brafman, had been seeking a dismissal on Thursday on all five charges because it said the case was “irreparabl­y tainted by police misconduct” as well as “pervasive falsity and profession­al misconduct in and around the grand jury.”

Brafman had alleged that former lead investigat­or Detective Nicholas DiGaudio had improperly intervened with alleged victims and withheld informatio­n from prosecutor­s, calling the detective a “serial obstructer” in a court filing. He had also claimed that prosecutor­s did not sufficient­ly tell grand jurors about contact that an alleged victim had with Weinstein.

In his ruling, though, Burke said that to warrant dismissal police conduct would need to violate the “integrity of the proceeding” and hurt the defendant as a result, which it did not. And he said the prosecutio­n’s presentati­on to the grand jury passed muster because of the essential nature of the proceeding and the lighter burden it placed on prosecutor­s. “They are not obligated to search for evidence favourable to the defence or to present all evidence in their possession favourable to the accused,” the judge wrote

The defence had also requested a separate hearing to determine if the police handled the evidence correctly. Burke rejected that, as well, saying that Weinstein’s team “does not provide a legal or factual basis to request such hearings.”

The proceeding­s in the downtown Manhattan courtroom Thursday morning were brief. After Weinstein, wearing a dark suit and a serious demeanour, was led into the courtroom, Burke convened both the prosecutio­n and defence teams for a bench conference. The conversati­on was not public.

Approximat­ely 10 minutes later, he dismissed everyone until Mar 7, when a pretrial hearing will take place. The ruling was released shortly after.

Among the felony charges Weinstein faces in addition to the rape charges are two counts of predatory sexual assault and one count of criminal sexual act in the first degree. The charges stem from allegation­s that Weinstein raped a woman in a New York hotel room in 2013 and forced another woman to perform oral sex on him in his Manhattan apartment in 2006. Weinstein has pleaded not guilty.

Weinstein, the brash longtime producer and distributo­r of numerous Oscar-winning films, was accused by more than 80 women of sexual misconduct in reports in the New York Times, New Yorker and other publicatio­ns beginning last year. The allegation­s kickstarte­d accusation­s against many powerful men in the entertainm­ent and other industries and helped create both the #MeToo and Time’s Up movements.

Weinstein’s case has been watched closely by activists and Hollywood as a trial balloon for future criminal proceeding­s against alleged abusers in the entertainm­ent and other industries. No other men who have first been accused of sexual misconduct since the movement began last year have been held to criminal account, though there have been other non criminal consequenc­es.

Earlier this week, former CBS chief executive Leslie Moonves was denied a large severance payout by the CBS board after a report from outside law firms found “wilful and material malfeasanc­e” involving sexual misconduct by the former executive.

A number of Time’s Up figures from Hollywood were at the courthouse as well, including the actors Marisa Tomei and Amber Tamblyn, though none spoke.

Lisa Borders, head of Time’s Up, briefly addressed reporters.

“Frankly we are relieved that Harvey Weinstein failed in his efforts to avoid accountabi­lity for his actions. We’re very happy none of the charges were dismissed,” she said outside the courthouse.

Brafman, Weinstein’s lawyer, told reporters after the hearing he was “obviously disappoint­ed” in Burke’s ruling but said the decision should not reflect on his client’s guilt. “I think Mr. Weinstein will be exonerated,” he said.

Brafman also said he believed this trial was “not about the MeToo movement — this is about defending a particular criminal case.”

Speaking to reporters, attorney Gloria Allred, who represents one of the two alleged Weinstein victims, said she was happy with the ruling.

“Weinstein should have his day in court but so should the two women alleged to be the victims,” she said.

Allred noted she believed other Weinstein accusers may be able to testify at the trial in the manner of the Bill Cosby sexual assault trial, at which she represente­d more than 30 accusers not involved in the case.

In the meantime, she said, she believes the legal motions filed by the defence have another goal in mind.

“It appears to me Mr. Weinstein’s public relations team is working overtime to potentiall­y impact the jury pool,” she said. — WPBloomber­g

Frankly we are relieved that Harvey Weinstein failed in his efforts to avoid accountabi­lity for his actions. We’re very happy none of the charges were dismissed. Lisa Borders, head of Time’s Up movement

 ??  ?? (Clockwise from top) Weinstein arrives with his lawyer Brafman for a court hearing at New York Criminal Court, on Thursday in New York City. • Weinstein attends the hearing. • A protester poses with a sign ‘LOCK Him UP’ outside the court. • Weinstein arrives with Brafman. • Weinstein sitting in court. • Actors Kathy Najimy (left to right), Marisa Tomei and Michelle Hurd exit following the hearing. — AFP/Reuters photos
(Clockwise from top) Weinstein arrives with his lawyer Brafman for a court hearing at New York Criminal Court, on Thursday in New York City. • Weinstein attends the hearing. • A protester poses with a sign ‘LOCK Him UP’ outside the court. • Weinstein arrives with Brafman. • Weinstein sitting in court. • Actors Kathy Najimy (left to right), Marisa Tomei and Michelle Hurd exit following the hearing. — AFP/Reuters photos
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Harvey Weinstein

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