Though one charge against him has been thrown out, Weinstein, who was arrested in May, is still facing five counts over an alleged rape in March 2013 and a forced act of oral sex in 2006.
Additional charges, of a criminal sexual act and predatory sexual assault, were filed against Weinstein in July. In lieu of that, Weinstein's attorney also had asked for an evidentiary hearing to examine conduct by police and prosecutors in the case.
Today, Judge Burke will decide if he thinks that's true.
Weinstein, who denies all allegations of non-consensual sex, has been putting on his fiercest campaign yet to get the case thrown out.
The judge can agree with the defense, or he could schedule a trial. Weinstein, 66, sat at the defense table as actresses who had gathered as a show of support for the continuing prosecution - Kathy Najimy, Marisa Tomei, Jennifer Esposito, Michelle Hurd and Amber Tamblyn - looked on. That witness never testified before the grand jury that indicted Weinstein.
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.
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More than 80 women have accused Weinstein of sexual assault or harassment and the allegations against the producer helped fuel the global #MeToo movement. Weinstein's lawyer, Benjamin Brafman, alleged police misconduct, including interfering with a witness and an accuser, "irreparably tainted" the case, the Associated Press reports.
Prosecutors nevertheless want the case to continue and reject Brafman's motion that the process is beyond fix.
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.
"The only reasonably prudent decision would be to stop this chaos now", Brafman said in a court filing.
The ruling came about two months after Weinstein won dismissal of a charge involving a third woman after prosecutors revealed that a New York City police detective had withheld information during the investigation, and said they could no longer pursue the charge. Prosecutors said the material didn't pertain to Weinstein and the woman wound up not deleting anything.
Mr Weinstein's lawyers argued that the latest case was "irreparably tainted" by the detective's...
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. Nothing in the court's ruling, however, removes the flawed theory of this case...