Harvey Weinstein's motion to dismiss assault case rejected

Hollywood’s Harvey Weinstein had no respite on Thursday when a New York judge rejected his motion to dismiss criminal charges for allegedly sexually assaulting two women.

The judge privately told attorneys at a hearing on Thursday that the case would continue.

Harvey currently facing five counts of rape and sexual assault. His attorney, Benjamin Brafman built a case on "deeply flawed indictment," saying that charges had been brought upon political pressure. He specifically argued that the Manhattan district attorney failed to turn over exculpatory evidence that includes witnesses and communications that would show consensual relationships with the accusers.

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In a written decision that followed the hearing, New York Supreme Court Justice James Burke wrote, "The People [of New York] generally enjoy wide discretion in presenting their case and are not required to present exculpatory or mitigating evidence in the Grand Jury. They are not obligated to search for evidence favorable to the defense or to present all evidence in their possession favorable to the accused. The Grand Jury is not an adversarial proceeding and the People do not have the same obligation of disclosure at the Grand Jury stage as they have at the trial stage."

The next hearing is now on March 7. The next phase of pretrial proceedings could have prosecutors and the defense warring over the potential for trial testimony from other women who have publicly accused Weinstein of misconduct.