NEW YORK: Harvey Weinstein is due in court in New York as a judge decides on the future of his sexual assault case, which has been clouded by allegations that police acted improperly in the investigation that led to his arrest.
Judge James Burke is expected to rule Thursday after a flurry of court papers in which Weinstein’s lawyers say the case has devolved into chaos and prosecutors say there’s ample evidence to move forward to trial.
Weinstein, 66, is putting on his fiercest campaign yet to get the case thrown out, seizing on the alleged police misconduct and putting forth a witness who says his rape accuser pressured her to corroborate her story.
Weinstein’s lawyer, Benjamin Brafman, says the case was “irreparably tainted” by police Det. Nicholas DiGaudio’s alleged interference with a witness and an accuser.
“The only reasonably prudent decision would be to stop this chaos now,” Brafman said in a court filing.
Assistant District Attorney Kevin Wilson fired back, saying “there is no possibility” that the allegations against DiGaudio “in any way impaired the integrity of the grand jury or prejudiced the defendant.”
Weinstein is charged with raping a woman he knew in a hotel room in March 2013 and forcibly performing oral sex on another woman in 2006 at his Manhattan apartment. He denies all allegations of nonconsensual sex.
The case has been heavily scrutinized in the wake of the #MeToo movement, which exploded last year after numerous women made allegations against Weinstein.
Burke has a few options for his ruling.
He could side with Weinstein and dismiss some or all of the charges, or he could schedule a trial, which would be a win for prosecutors. He could also throw out the indictment, but give prosecutors time to seek a new one.
A dismissal of the charges would be a big setback to Manhattan District Attorney Cyrus Vance Jr., who was criticized for declining to pursue criminal charges against Weinstein when he was accused of groping an Italian model in 2015.
Such a ruling wouldn’t rule out prosecutors bringing charges involving other women who say they were sexually assaulted by Weinstein in New York.
Burke could also keep the indictment in place, but grant the defense’s request for an evidentiary hearing. There, police investigators could be summoned to court to answer questions about alleged misconduct.
Weinstein’s case started to turn in October when Manhattan prosecutors dropped one of the charges after evidence surfaced that DiGaudio instructed a potential witness in the case to keep some of her doubts about the veracity of the allegations to herself.
DiGaudio allegedly told the witness last February that “less is more” but kept prosecutors in the dark. That witness never testified before the grand jury that indicted Weinstein.
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. Prosecutors said the material didn’t pertain to Weinstein and the woman wound up not deleting anything.
Late last month, Weinstein’s lawyers said they spoke to a woman who said the rape accuser asked her to corroborate her allegations, but the friend wouldn’t “make up a story.”
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 last year, Weinstein’s lawyer, Ben Brafman, said in a court filing.
Judge to rule on fate of Harvey Weinstein’s criminal case
Judge to rule on fate of Harvey Weinstein’s criminal case
- Judge James Burke is expected to rule Thursday after a flurry of court papers in which Weinstein’s lawyers say the case has devolved into chaos
- The case has been heavily scrutinized in the wake of the #MeToo movement
UN’s top court opens Myanmar Rohingya genocide case
- The Gambia filed a case against Myanmar at the UN’s top court in 2019
- Verdict expected to impact Israel’s genocide case over war on Gaza
DHAKA: The International Court of Justice on Monday opened a landmark case accusing Myanmar of genocide against its mostly Muslim Rohingya minority.
The Gambia filed a case against Myanmar at the UN’s top court in 2019, two years after a military offensive forced hundreds of thousands of Rohingya from their homes into neighboring Bangladesh.
The hearings will last three weeks and conclude on Jan. 29.
“The ICJ must secure justice for the persecuted Rohingya. This process should not take much longer, as we all know that justice delayed is justice denied,” said Asma Begum, who has been living in the Kutupalong refugee camp in Bangladesh’s Cox’s Bazar district since 2017.
A mostly Muslim ethnic minority, the Rohingya have lived for centuries in Myanmar’s western Rakhine state but were stripped of their citizenship in the 1980s and have faced systemic persecution ever since.
In 2017 alone, some 750,000 of them fled military atrocities and crossed to Bangladesh, in what the UN has called a textbook case of ethnic cleansing by Myanmar.
Today, about 1.3 million Rohingya shelter in 33 camps in Cox’s Bazar, turning the coastal district into the world’s largest refugee settlement.
“We experienced horrific acts such as arson, killings and rape in 2017, and fled to Bangladesh,” Begum told Arab News.
“I believe the ICJ verdict will pave the way for our repatriation to our homeland. The world should not forget us.”
A UN fact-finding mission has concluded that the Myanmar 2017 offensive included “genocidal acts” — an accusation rejected by Myanmar, which said it was a “clearance operation” against militants.
Now, there is hope for justice and a new future for those who have been displaced for years.
“We also have the right to live with dignity. I want to return to my homeland and live the rest of my life in my ancestral land. My children will reconnect with their roots and be able to build their own future,” said Syed Ahmed, who fled Myanmar in 2017 and has since been raising his four children in the Kutupalong camp.
“Despite the delay, I am optimistic that the perpetrators will be held accountable through the ICJ verdict. It will set a strong precedent for the world.”
The Myanmar trial is the first genocide case in more than a decade to be taken up by the ICJ. The outcome will also impact the genocide case that Israel is facing over its war on Gaza.
“The momentum of this case at the ICJ will send a strong message to all those (places) around the world where crimes against humanity have been committed,” Nur Khan, a Bangladeshi lawyer and human rights activist, told Arab News.
“The ICJ will play a significant role in ensuring justice regarding accusations of genocide in other parts of the world, such as the genocide and crimes against humanity committed by Israel against the people of Gaza.”
