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The Independent UK
The Independent UK
World
Chris Stevenson

Harvey Weinstein hearing - live updates: Sex assault trial to proceed after New York judge denies dismissal

Harvey Weinstein is in court in New York as a judge decides on the future of his sexual assault case.

Judge James Burke is expected to decide whether to drop some or all of the charges against Weinstein, schedule a trial or throw out the indictment against the file producer, allowing prosecutors to file a new one. Weinstein has denied all charges against him.

A recent flurry of court papers from Weinstein's lawyers say the case has devolved into chaos, but prosecutors say there is ample evidence to move forward to trial.

Follow updates in our liveblog below

The next court date is set for 7 March
Judge James Burke held a very brief court session.

After a short discussion with the lawyers, the judge denied the motion to dismiss the case. 
Weinstein's lawyers have quickly moved to speak outside the court. Benjamin Brafman, speaking for Weinstein, saying they are "disappointed" in the ruling 

 
The judge has denied the defenses's motion to dismiss the remaining five charges against Weinstein.

The case will now move forward
 
Late last month, Weinstein's lawyers said in a court filing that they spoke to a woman who said the rape accuser asked her to corroborate her allegations, but the friend wouldn't “make up a story.”

The friend told investigators that Weinstein and the accuser had been “hooking up” consensually for a while and that she never heard her say anything bad about him until last year, Weinstein's lawyer, Ben Brafman, said in the filing.
Here is a bit more video of Weinstein making his way through the courthouse.

 
The judge could keep the indictment in place, but grant the defense's request for an evidentiary hearing. There, police investigators could be summoned to court to answer questions about alleged misconduct.
A dismissal of the charges would be a big setback to Manhattan District Attorney Cyrus Vance Jr., who was criticised for declining to pursue criminal charges against Weinstein when he was accused of groping an Italian model in 2015. Weinstein denied that allegation.

However, such a ruling would not rule out prosecutors bringing charges involving other women who say they were sexually assaulted by Weinstein in New York.
And here is some video of Weinstein as he heads into court.

 
Our reporter Chris Riotta is down at the courthouse, here was the scene before Weinstein arrived.

 
Weinstein faces charges of raping a woman he knew in a hotel room in March 2013 and fsexually assaulting in 2006 at his Manhattan apartment.

Weinstein denies all allegations of non-consensual sex. 
in October Manhattan prosecutors dropped one of the charges after evidence surfaced that Nicholas  DiGaudio instructed a potential witness in the case to keep some of her doubts about the veracity of the allegations to herself. 

Mr DiGaudio allegedly told the witness last February that "less is more" but kept prosecutors in the dark. That witness never testified before the grand jury that indicted Weinstein. 

Prosecutors also disclosed an allegation that DiGaudio urged the 2013 rape accuser to delete private material from her cellphones before handing them over to the DA's office. Prosecutors said the material didn't pertain to Weinstein and the woman wound up not deleting anything. 
​A recent flurry of court papers from Weinstein's lawyers say the case has devolved into chaos and prosecutors say there is ample evidence to move forward to trial.

Weinstein's lawyer, Benjamin Brafman, says the case has been “irreparably tainted” by police Detective Nicholas DiGaudio's alleged interference with a witness and an accuser.
Judge James Burke is expected to decide whether to drop some or all of the charges against Weinstein, schedule a trial or throw out the indictment against the file producer allowing prosecutors to file a new one.
Hello and welcome to our coverage of the latest hearing in Harvey Weinstein's sexual assault case.

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