Harvey Weinstein sexual assault case given go-ahead by USA judge

Harvey Weinstein in court as judge declines to dismiss #MeToo sexual assault case against him - live updates

Harvey Weinstein in court as judge declines to dismiss #MeToo sexual assault case against him - live updates

Oscar victor Marisa Tomei smiled in relief after a judge refused to dismiss the sexual assault case against Harvey Weinstein, who limped into court Thursday for an update in the case against him.

If Harvey Weinstein were in charge of the script, he'd be walking out of a court hearing on Thursday free of the criminal charges threatening to put him behind bars.

A judge denied a motion by the former movie mogul's team that the case had been "irreparably tainted" by allegations a police detective acted improperly during the investigation.

The hearing will see a judge decide whether Weinstein should face charges of raping a woman he knew in a hotel room in March, 2013.

Weinstein has denied the allegations and has said the relationships were consensual.

Brafman says police misconduct, specifically the work of one investigator, has "irreparably tainted" the case.

Harvey Weinstein, center, and his attorney Ben Brafman, right, make an appearance in court at New York Supreme Court, December 20, 2018, in New York. "If these women testify strongly on the witness stand, Weinstein will lose". However, Judge Burke disagreed in his ruling on Thursday.

Additional charges, of a criminal sexual act and predatory sexual assault, were filed against Weinstein in July.

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Manhattan prosecutors dropped one of the charges against him - allegations that he raped an aspiring actress who was still in college - after evidence surfaced that Det.

At the time, it seemed like a big win for the #MeToo movement; dozens of women had come forward to accuse Weinstein of rape and sexual misconduct that took place over almost four decades.

Burke said in his order on Thursday that the dismissal of the one charge "did not infect the integrity of the other charges", and that there was "sufficient evidence" to support the remaining counts. In June, Weinstein pleaded not guilty to charges that he sexually assaulted three women.

Burke denied the defense's motion to dismiss any of the counts, but conferred with counsel at the bench and did not discuss his reasoning on the record, reports CBS News' Erica Brown.

He apparently told another accuser, Mimi Haleyi, who says Weinstein forced her into oral sex in 2006, to delete text messages that could be potentially embarrassing for her, despite prosecutors' advice not to do so.

Brafman argued that the rest should go, too, arguing that a detective involved in Weinstein's arrest made several key mistakes in his investigation and that the women who accused his client are lying.

Such a ruling wouldn't rule out prosecutors bringing charges involving other women who say they were sexually assaulted by Weinstein in NY. He is urging Burke to dismiss the case, writing in a recent court filing: "The only reasonably prudent decision would be to stop this chaos now".

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