The criminal case against Harvey Weinstein will continue on.
The disgraced movie mogul was in a New York court on Thursday where a judge denied his motion to dismiss the criminal case against him.
A pretrial hearing has been set for March 7.
In his ruling, the judge said of Weinstein’s contention that the Grand Jury proceeding was defective, “The People generally enjoy wide discretion in presenting their case and are not required to present exculpatory or mitigating evidence in the Grand Jury. They are not obligated to search for evidence favorable to the defense or to present all evidence in their possession favorable to the accused.”
The judge also addressed the issue of police misconduct, saying, “The Court finds there is no basis for the defendant’s claim of prosecutorial or law enforcement misconduct in the proceedings, or pervasive falsity in and around the Grand Jury presentation.”
Benjamin Brafman, Weinstein’s top lawyer, said in a statement, “We are obviously disappointed, by the Court’s decision to deny our motion to dismiss the Indictment. Judge Burke has however, ruled and we must accept his ruling. Nothing in the Court’s ruling however, removes the flawed theory of this case that we intend to vigorously defend at trial, where we are confident that Mr Weinstein will be completely exonerated.”
Weinstein’s lawyers filed a motion to dismiss the case last month, claiming the criminal indictment against Weinstein should be dismissed, in part because it was based “on a defective Grand Jury proceeding, that was irreparably tainted by police misconduct.”
Brafman cited allegedly false testimony by one of Weinstein’s accusers, Lucia Evans, and a “failure to provide the Grand Jury with exculpatory evidence of the long-term, consensual, intimate relationship between Mr. Weinstein and the alleged rape victim charged in counts Three, Four, and Five in the indictment.”
Harvey Weinstein’s attorney also claimed that the three complaining witnesses against him all deleted their social media posts from the time period when they were allegedly assaulted by Weinstein. Brafman claims the only thing those three women have in common is Detective DiGaudio, the officer who allegedly instructed one of the women to delete photos from her phone.
Brafman says Detective DiGaudio “was likely the one who told them to delete this evidence.”
Weinstein’s attorneys have been pushing hard to include emails between him and his accusers and other evidence he feels will help his case.