On Thursday, a New York judge determined that the sexual assault case against disgraced film producer Harvey Weinstein can continue forward after allegations emerged of improper police behavior during the investigation.
As reported by Entertainment Tonight, Judge James Burke determined that the alleged police misconduct did not impact the case, and it can proceed accordingly. Weinstein is charged with raping a woman in a hotel room back in March of 2013. He is also accused of forcibly performing oral sex on a different woman back in 2006. Although Weinstein confirms he had sexual relations with both women, he has aggressively denied all allegations of non-consensual sexual contact.
Benjamin Brafman, Weinstein’s lawyer on the case, pushed for the case to be dismissed after reports of police misconduct during the investigation surfaced. Police Detective Nicholas DiGaudio has been accused of interfering with the accuser as well as the witness. He has categorically denied these claims.
He even brought in a witness who claimed to be a friend of the woman who accused Weinstein of rape. The witness claims the rape accuser and police on the case actually pressured them to back up the story, whether it was true or not.
However, Assistant District Attorney Kevin Wilson argued against dismissal, saying that it’s simply not believable that the allegations against DiGaudio “in any way impaired the integrity of the grand jury or prejudiced the defendant.”
This morning we showed up in Criminal court to witness Harvey Weinstein and his case not be dismissed. It is a small victory. But there’s a long way to go. We’ll be there again on March 7th and look forward to seeing him prosecuted to the fullest extent of the law. #TIMESUP pic.twitter.com/NDk5q9NMc6— Amber Tamblyn (@ambertamblyn) December 20, 2018
Allegations of police misconduct have plagued the Weinstein case since October of this year when it emerged that DiGaudio had instructed a potential witness in the case to keep quiet about her doubts regarding certain allegations against Weinstein. This revelation forced Manhattan prosecutors to drop one of the charges against Weinstein.
Additionally, DiGaudio stands accused of telling the rape accuser to delete evidence from her cell phone before delivering it to the district attorney’s office. Despite this accusation, prosecutors maintain that the material was personal and had nothing to do with the case against Weinstein. Ultimately, the accuser did not delete any data from her phone before handing it over to authorities.
Many people assembled at the New York courthouse this morning to learn the results of the hearing, and there were some famous faces in the crowd. Actresses Amber Tamblyn and Marisa Tomei, who have both been extremely active in the #MeToo movement, were both in attendance to celebrate the case going forward.
Weinstein’s next hearing is scheduled for March 7 in New York.