Judge: Weinstein Must Stand Trial

Harvey Weinstein arrives at court to hear if #MeToo sexual assault case against him is to be dismissed- live updates

Harvey Weinstein arrives at court to hear if #MeToo sexual assault case against him is to be dismissed- live updates Credit Julio Cortez AP

Harvey Weinstein leaves the hearing where a judge dismissed his bid to have two charges dropped.

Harvey Weinstein, the disgraced movie mogul whose downfall helped launch the #MeToo movement, is due back in NY court on March 7 after a judge Thursday morning ordered a pretrial hearing in the rape case.

The Hollywood producer is charged with raping a woman in a hotel room in 2013 and sexually assaulting another in 2006. He denies all allegations of nonconsensual sex.

The first, that a detective involved in his arrest mishandled the investigation, already worked for them once when they got the first charge dismissed in October. He could also throw out the indictment, but give prosecutors time to seek a new one.

Actresses Amber Tamblyn and Marisa Tomei have attended Harvey Weinstein's NY court appearance to lend support for his sexual assault accusers.

Benjamin Brafman, the disgraced movie mogul's attorney, had built a case that the charges had been brought upon political pressure, also arguing that the Manhattan D.A. failed to hand in exculpatory evidence - like witnesses and communications - that would prove consensual relationships with all the accusers. Prosecutors say there is "ample evidence" to put Weinstein, 66, on trial and that DiGaudio allegations haven't sullied the rest of the case. The reporting also detailed how Weinstein paid off accusers, including an Italian model who, while working with the NYPD, recorded Weinstein admitting he groped her.

Weinstein steps down from his car
Weinstein steps down from his car Credit Julio Cortez AP

The case has been mired in complications, with Weinstein's team alleging police misconduct in the investigation.

Det DiGaudio allegedly told the witness last February that "less is more" but kept prosecutors in the dark. Their voices would "help their case tremendously", similar to how five witnesses testified against Bill Cosby before he was convicted and sentenced earlier this year for drugging and assaulting Andrea Constand.

"The only reasonably prudent decision would be to stop this chaos now", Brafman said in a court filing.

They say everything in Haleyi's mobile phone was turned over to investigators, and that the detective's conduct only affected Evans' case.

As for emails, prosecutors say they are not obliged to share any of those with the defense at this stage of the proceedings. "We remain confident, despite the court's ruling today, that ultimately at a trial of this case Mr Weinstein will be completely exonerated", Brafman said.

Assistant District Attorney Kevin Wilson fired back, saying "there is no possibility" that the allegations against police Detective Nicholas DiGaudio "in any way impaired the integrity of the grand jury or prejudiced the defendant".

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