Harvey Weinstein‘s sex assault case will move forward, a judge ruled Thursday in refusing to toss out the explosive indictment against him.
The 66-year-old disgraced movie producer said nothing in Manhattan Supreme Court as his lawyers and prosecutors had a seven-minute conference at the bench with Justice James Burke.
The judge handed the lawyers a stack of papers, saying, “My decision — which does not dismiss the indictment.”
After the private conversation, Burke adjourned the hearing by saying only, “I will see you again March 7 for pretrial hearings.”
Weinstein’s lawyers have been fighting to get all six charges against him tossed out, including predatory sexual assault, which could land him behind bars for life.
They have said the criminal case is tarnished by police and prosecutorial misconduct and asked for an evidentiary hearing over the revelations. They also claimed that some evidence that would have undermined his accusers’ accounts was never presented to the grand jury.
But, in a major win for prosecutors, the judge denied the request for a further hearing, as well as their motion to dismiss.
“The court finds that there is no basis for the defendant’s claim of prosecutorial or law enforcement misconduct in the proceedings, or pervasive falsity in and around the grand jury presentation,” Burke wrote.
Outside the courthouse, Weinstein lawyer Benjamin Brafman said the decision — which slapped down every single one of his arguments — was a “technical ruling on the law.”
“We are obviously disappointed that the charges were not dismissed today,” Brafman told reporters, adding that he is still confident his client will be “completely exonerated.”
The lawyer blamed Weinstein’s legal woes on the viral #MeToo movement.
“If the #MeToo movement helps level the playing field for women throughout the world, we are strongly supporting that movement,” he said. “The movement should not, however, be permitted to push an indictment that is deeply flawed, as we believe this movement has done in this case.”
Weinstein, once one of the most powerful men in Hollywood, has been accused of sexually harassing and assaulting more than 80 women — and some of their supporters sat in the gallery of the courtroom for the highly anticipated hearing.
Actresses Marisa Tomei, Jennifer Esposito and Amber Tamblyn wore “Time’s Up” T-shirts in reference to the movement against sexual assault.
“We’re here to stand with survivors and glad justice was served today,” said Tomei, who was joined by fellow actress Kathy Najimy, outside the courtroom after the hearing.
Tamblyn, who starred in “The Sisterhood of the Traveling Pants” and is now a vocal women’s rights advocate, added, “We’re here standing in solidarity with the survivors. We are very happy that the case wasn’t dismissed and we look forward to seeing Harvey prosecuting to the fullest extent of the law.”
Brafman has said the case was “irreparably tainted” by police Detective Nicholas DiGaudio, who was booted off the Weinstein case over allegations that he withheld information in accuser Lucia Evans’ case.
DiGaudio is also accused of urging another accuser, who said Weinstein raped her in 2013, to delete information from her cellphones before turning them over to prosecutors.
In October, prosecutors dropped a count related to allegations by Evans, who claimed the film exec forced her to perform oral sex on him in 2004.
However, he still faces five other charges.
Weinstein is accused of raping an unnamed woman he knew in a hotel room in March 2013 and forcibly performing oral sex on another woman, Mimi Haleyi, in 2006 at his Manhattan apartment.
Weinstein has denied all allegations of nonconsensual sex.
Women’s rights lawyer Gloria Allred, who represents many of Weinstein’s accusers, said the case against him was “strong.”
“This case is moving forward, and I hope as many accusers as possible will testify,” she said outside the courthouse.