Judge: ‘No basis’ to drop charges against Weinstein
NEW YORK » A New York judge declined to dismiss sexual assault charges against Harvey Weinstein Thursday, rejecting the disgraced Hollywood titan’s fierce push to have his indictment thrown out.
Judge James Burke’s ruling buoyed a prosecution that appeared on rocky ground in recent months amid a prolonged defense effort to raise doubts about the case and the police investigation.
It was also welcome news for the #MeToo movement, which took off last year after numerous women accused Weinstein of wrongdoing. About a half- dozen women, including actress Marisa Tomei, showed up to court wearing t-shirts from the anti-abuse organization Time’s Up.
Weinstein’s lawyers argued the case had been “irreparably tainted” by a detective’s alleged coaching of a potential witness and one of the accusers. They also said the grand jury that indicted Weinstein should have been shown friendly emails he exchanged with his two accusers after the alleged attacks.
But Burke ruled that Weinstein’s prosecutorial misconduct claims had “no basis” and that prosecutors were under no obligation to give the grand jury evidence favorable to the defense. He denied Weinstein’s demand for a hearing to examine the police investigation and rebuked his lawyers for what he said were “speculative” claims that political pressure had led to the charges.
“This court has found the grand jury presentation to be legally sufficient to support the charges and that the proceedings were properly conducted,” Burke wrote in a six-page opinion detailing his decision. “Dismissal is an exceptional remedy and only available in rare cases.”
Weinstein, 66, has denied all allegations of nonconsensual sex. He is free on $1 million bail.