Today (Thursday) is going to be a turning point in the criminal case against Harvey Weinstein. The disgraced producer has been accused of sexual misconduct, including rape, by more than 80 women. He denies all allegations of wrongdoing.
His lead attorney, Ben Brafman, is angling to get the case dismissed, filing 234 pages of legal documents in the past six weeks. He has accused victims of lying and has accused the D.A.’s office and the NYPD of withholding evidence from the grand jury.
One of the six criminal charges against him has been dropped, and one of the detectives who spearheaded the case has been removed. Today, a judge will rule on a motion dismissing the remaining five counts.
Legal experts weighed in, with several telling Variety that there’s no way the case will be tossed.
"The indictment will not be dismissed," predicted Steve Raiser, a criminal defense attorney in New York, who reviewed the pleadings. "While I disagree with the standard in New York, a prosecutor is generally not obligated to present evidence favorable to the defendant at the grand jury."
Experts who spoke to the LA Times concurred, saying Brafman’s legal maneuvering could actually hurt Weinstein’s case in the long run.
"There’s a cruelty, there’s a double-blaming of the victim, to his argument.… They are victimized when they’re attacked and then they’re humiliated when they have to maintain a modicum of ordinary interaction with a monster," said Eugene O’Donnell, a former New York City police officer and prosecutor who teaches at the John Jay College of Criminal Justice at City University of New York. "Most people will identify with that sense of powerlessness."