Harvey Weinstein's sexual assault case moves forward

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

"Frankly, we are relieved that Harvey Weinstein failed in his efforts to avoid accountability for his actions, and we are very happy that none of the charges were dismissed".

On Thursday, the onetime Hollywood heavyweight producer will be back in a NY courtroom as his star attorney Ben Brafman asks a judge to dismiss the sex assault charges against his client.

Weinstein was initially indicted on sex-crime charges involving three women, including one who said that the producer raped her in 2013 at a Midtown Manhattan hotel.

Weinstein has also argued that the indictment should be dismissed because the grand jury had not been shown communications that he said showed a long-term, consensual relationship between him and one of the women.

His legal team has tried to get the charges dismissed on grounds of "police misconduct". He said he's confident Weinstein will be "completely exonerated", calling the judge's decision a "technical ruling on the law". He could also throw out the indictment, but give prosecutors time to seek a new one.

Bennett Gershman, who teaches law at Pace University, said he believes prosecutors have a solid case with the two remaining accusers, no matter what they may have said to Weinstein after the alleged assaults.

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As NPR has previously reported, the prosecution says New York Police Department detective Nicholas DiGaudio erred in his communications with Weinstein's accusers a few times, including encouraging one accuser to delete personal data from her phone before she handed it over to police.

The investigator is alleged to have coached a potential witness and one of Weinstein's accusers.

Prosecutors say there's ample evidence to move forward to trial. 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.

A hearing for the case is now scheduled for early March. Prosecutors said the material didn't pertain to Weinstein and the woman wound up not deleting anything.

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 past year, Brafman said in a court filing. There was no evidence, he wrote, that prosecutors had acted improperly. In a court filing, Assistant District Attorney Kevin Wilson says "there is no possibility" that alleged police misconduct 'in any way impaired the integrity of the grand jury or prejudiced the defendant'.

Burke dismissed the charge related to Evans after the Manhattan district attorney's office acknowledged that Nicholas DiGaudio, the lead detective on the case, did not disclose information from a witness who said Evans had given her a conflicting account of the episode.

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