Harvey Weinstein Will Reportedly Seek Dismissal Based on Email Evidence
04 August, 2018, 05:46 | Author: Donna Miller
Hollywood producer Harvey Weinstein is seeking to get the criminal case against him thrown out of court.
In court papers filed in NY on Friday, his lawyers said: "Based on published reports, the District Attorney's Office conducted its investigation amidst overwhelming pressure from the media, politicians and high-ranking police officials demanding the arrest of Mr Weinstein".
But Brafman's explosive filing demanded that the indictment "be dismissed at the pre-trial stage because it is legally infirm", saying that the district attorney's failure to present the emails had tainted the process.
One message, dated February 2017, almost four years after the rape is alleged to have occurred, says that the woman didn't want to feel "like a booty call".
Gloria Allred, a lawyer for a woman who has accused Weinstein of forcibly performing oral sex on her in 2006, said grand jurors "would not have indicted him if they did not find the testimony that they heard credible".
The attorneys have sought permission from the Weinstein Co. estate and from the committee of unsecured creditors, which represents some of Weinstein's accusers in civil court, to publish the emails in question.
"These communications irrefutably reflect the true nature of this consensual intimate friendship, which never at any time included a forcible rape".
A spokeswoman for the New York District Attorney declined to comment.
Where did these emails come from?
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The judge dealing with his separate bankruptcy case issued an order saying the private messages could not be released, because the accuser could lose her right to anonymity.
Lawyers for Weinstein filed notice they'll seek dismissal of the case.
His career imploded in October in a blaze of accusations of sexual misconduct and abuse from dozens of women that triggered a major reckoning about harassment in the workplace and the #MeToo movement.
The charges stem from allegations from three women, according to court documents.
He risks being jailed for life if put on trial and convicted of the most serious charge against him, predatory sexual assault. 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". He is free on $1 million bail.
He also faces a raft of civil lawsuits.
"As bad a crime as rape is, it is equally reprehensible to be falsely accused of rape, and since Mr. Weinstein has denied these allegations, that's where we are".
Unlike in the U.S., there is no statute of limitation on sexual abuse cases in the United Kingdom, meaning incidents from decades ago could still go to court.
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