Judge Denies Weinstein's Motion to Dismiss Five Remaining Sexual Assault Charges
Harvey Weinstein's attorney, Benjamin Brafman, had argued that prosecutors failed to present a range of exculpatory evidence to the panel.
December 20, 2018 at 11:57 AM
3 minute read
The original version of this story was published on New York Law Journal
A New York judge on Thursday denied a motion to dismiss the five remaining criminal charges against Harvey Weinstein, saying attorneys for the disgraced movie mogul had not shown that grand jury proceedings in the case were tainted by police and prosecutor misconduct.
Manhattan Supreme Court Justice James Burke's ruling followed a pivotal hearing Thursday morning on a motion by Weinstein's attorney, Benjamin Brafman, to dismiss the case. Brafman had argued that prosecutors failed to present a range of exculpatory evidence to the panel, including evidence that Weinstein had engaged in a long-term consensual relationship with an alleged victim.
In his decision, Burke said prosecutors had presented evidence in a fair manner and were not obligated to search for evidence favorable to Weinstein's defense at the grand jury stage.
“The court's review of the grand jury minutes shows that the presentation was legally and procedurally proper, and that the people presented evidence in a fair manner,” Burke wrote in a six-page order. “Nor did the people provide a misleading account of the relationship between the defendant and the complainants.”
He also found no basis for Weinstein's allegations of police misconduct or that the case had been influenced by “political pressure” within the Manhattan District Attorney's Office. Burke also denied Weinstein's request for an evidentiary hearing involving the friend of an accuser, whom the defense argued could provide corroborating evidence of the supposedly consensual relationship between Weinstein and his alleged victim.
The parties are next expected to appear in court March 7 for pretrial hearings.
A spokesman for District Attorney Cyrus Vance Jr. would not to comment on Thursday's ruling.
Weinstein faces two charges of predatory sexual assault, which carry a maximum penalty of life in prison, first- and third-degree rape, and a criminal sex act in the third degree.
In October, Burke dismissed one charge amid revelations that a New York City police detective did not tell prosecutors that a witness had provided him with an account that contradicted that of Lucia Evans, who claimed that Weinstein forced her to give him oral sex in 2004.
Brafman, of Brafman & Associates, then moved to dismiss the entire indictment, arguing that the whole case against his client was flawed. On Thursday, Brafman said he was “obviously disappointed” by Burke's ruling and turned his attention to the upcoming trial.
“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,” Brafman said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAn ‘Indiana Jones Moment’: Mayer Brown’s John Nadolenco and Kelly Kramer on the 10-Year Legal Saga of the Bahia Emerald
Travis Lenkner Returns to Burford Capital With an Eye on Future Growth Opportunities
Legal Speak's 'Sidebar With Saul' Part V: Strange Days of Trump Trial Culminate in Historic Verdict
1 minute readTrending Stories
- 1Life, Liberty, and the Pursuit of Customers: Developments on ‘Conquesting’ from the Ninth Circuit
- 2Biden commutes sentences for 37 of 40 federal death row inmates, including two convicted of California murders
- 3Avoiding Franchisor Failures: Be Cautious and Do Your Research
- 4De-Mystifying the Ethics of the Attorney Transition Process, Part 1
- 5Alex Spiro Accuses Prosecutors of 'Unethical' Comments in Adams' Bribery Case
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250