Daily Freeman (Kingston, NY)

Weinstein lawyers try again to get sex assault case tossed

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Harvey Weinstein’s lawyers asked Monday 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 Detective Nicholas DiGaudio — whose alleged witness coaching led prosecutor­s to abandon part of the case last month — as they renewed their push to have the rest of it thrown out.

The lawyers described 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 the head of the special victims division, Michael Osgood, also be called to testify.

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.”

A union representi­ng DiGaudio did not immediatel­y respond.

Three of the five remaining criminal charges against Weinstein stem from allegation­s he raped a woman in 2013. Two other charges allege he performed a forcible sex act on a different woman in 2006.

Weinstein denies all allegation­s of nonconsens­ual sex.

Weinstein’s lawyers argued the remaining charges are also undermined by messages those accusers exchanged with him after they were allegedly assaulted. Those messages were not shown to the grand jury that indicted Weinstein, his lawyers said.

The 2013 rape allegation is contradict­ed by warm emails the accuser

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