Weinstein lawyer asks court to dismiss sex crimes case

04 August, 2018, 01:07 | Author: Irvin Gilbert
  • Harvey Weinstein's lawyer will seek to dismiss sexual assault charges in New York

Harvey Weinstein's defense lawyer on Friday demanded that a NY court dismiss the sex crimes charges against him, explosively disclosing dozens of intimate emails between the disgraced Hollywood tycoon and his alleged rape victim, in which she said "I love you". The emails were reportedly sent after the rape allegedly happened and show a woman who was treating him affectionately.

Brafman's filing quoted from dozens of emails between Weinstein and the alleged rape victim, saying they should not have been kept from the grand jury that returned the indictments against the former producer.

The producer was taken into custody by NY authorities in May and indicted on two counts of rape and one for criminal sexual acts, relating to alleged incidents involving two women in 2004 and 2013.

Messages sent in the weeks, months and even years after the alleged 2013 rape showed that Weinstein and the woman were in a "long-term, consensual, intimate relationship" that never once referred to an assault, Brafman claimed. "I love you, always do".

The attorneys intend to argue that the D.A.'s office should have shared the substance of the emails with the grand jury. His lawyers say all the charges should be dismissed; the defense says some charges are too vague, among other arguments.

Amidst the recent confusion of a sex for jobs interview that was then walked back and a short-lived dust-up with his former crisis PR team over fees, Harvey Weinstein now looks to tackle the multiple sex crimes case that could see him behind bars for life.

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The communications took place after the date she alleges he raped her.

NY appeals courts have said prosecutors aren't obliged to present grand jurors with all forms of evidence that could favor a defendant, but the courts also have noted that prosecutors are obliged to seek justice and not just convictions.

A lawyer or representative for the woman was not immediately known to request comment on the motion.

The Associated Press generally does not identify people who say they are victims of sexual assault unless they consent to being identified publicly.

No other criminal cases have been filed against Weinstein, who produced movies including "Pulp Fiction" and "Shakespeare in Love".

In a prepared statement, lead defense lawyer Ben Brafman said the emails "corroborate Mr. Weinstein's factual innocence". He is free on $1 million bail. He denies all allegations of non-consensual sex but has apologized for causing "a lot of pain" with "the way I've behaved with colleagues in the past".

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