A New York judge has denied Harvey Weinstein’s request to dismiss two predatory sexual assault rates in opposition to him, in advance of the former Hollywood producer’s demo in January.
The determination released on Wednesday by Justice James Burke of the condition supreme court docket in Manhattan is a victory for prosecutors who have billed Weinstein with five intercourse crimes, which includes rape.
Lawyers for Weinstein declined to comment in an electronic mail despatched by their workplace. A spokesman for the Manhattan district lawyer, Cyrus Vance, declined to comment.
Weinstein, 67, has pleaded not guilty to rates brought around allegations of sexual misconduct towards two female accusers in 2006 and 2013.
A demo is scheduled for six January 2020. Weinstein could deal with a lifetime sentence if convicted.
Weinstein has also denied allegations by roughly 70 girls of sexual misconduct relationship back again many years, expressing any speak to was consensual.
In refusing to dismiss the predatory sexual assault rates, Burke turned down Weinstein’s claim that an alleged rape from the winter of 1993-94 transpired way too very long in the past to provide as an “aggravating” and “underlying” crime, as expected by condition legislation.
The judge, in the determination dated 26 November, also turned down Weinstein’s promises that dismissal was expected due to the fact he had not been offered good discover of the earlier alleged rape, and due to the fact the grand jury that indicted him had been improperly convened.
Prosecutors have claimed they intend to call the actor Annabella Sciorra, who has appeared in the Tv sequence The Sopranos and movies these as The Hand That Rocks the Cradle, to testify that Weinstein raped her in 1993.
Weinstein are unable to be criminally billed with raping Sciorra due to the fact the statute of constraints has run out.
Burke also dominated out skilled defense testimony on numerous topics, these as the causes of “original misunderstandings of sexual intentions” and “the phenomenon of ‘voluntary unwanted sex’”.
He claimed Weinstein’s legal professionals can introduce skilled testimony on other topics which includes how memory operates and can be distorted, and no matter if there is a url been people’s self-confidence in their memory and the accuracy of that memory.
Accusations in opposition to Weinstein assisted spark the #MeToo movement in late 2017 – hundreds of girls have accused impressive adult men in amusement, small business, media, politics and other fields of sexual misconduct.