Harvey Weinstein seeking dismissal of top rape charge against him
Aug 04, 2018, 05:47
Ben Brafman, one of America's most celebrated defense attorneys who helped former International Monetary Fund boss Dominique Strauss-Kahn escape criminal prosecution for alleged sexual assault in 2011, called for the entire indictment against Weinstein to be dismissed, based on the emails and a series of technicalities. Five days later a Grand Jury indicted him, allowing the case to proceed to trial.
He was released on bail and pleaded not guilty to the charges allegedly committed against in 2004, 2006 and 2013.
Weinstein's lawyers intend to argue that the first-degree rape charge is invalid because his relationship with an unnamed accuser continued after the date of the alleged attack.
"Miss you big guy", another message added in September 2013, not long after the woman had written that she "was hoping for some time privately with you to share the direction I am going in life and catch up".
But his lawyers, who are seeking to get the rape and other sex charges against Weinstein dismissed, argue the emails portray an intimate, consensual relationship, not the aftermath of a rape.
Some of the messages appeared even more intimate. And in an email in January 2014, she wrote, "you're the one who makes it look good with your smile and handsome eyes".
In another exchange, she wrote to say: "Just had u cross my mind and thought u would send a hello".
The alleged rape victim is quoted as saying in one email from February 2017: "I love you, always do".
When Weinstein apparently replied: "Love to cross your mind it's my favorite exercise", she answered: "Lol that made me laugh so hard".
A spokesman for Manhattan District Attorney Cyrus Vance, who is prosecuting the case, declined to comment on the motion. "No one can be happy to be in the position that he is in", Brafman said in June outside of the courthouse.
"It is Mr. Weinstein's belief that these e-mails are material and exculpatory and the failure of the district attorney to provide this evidence to the grand jury warrants a dismissal of the indictment".
A lawyer or representative for the woman was not immediately known to request comment on the motion.
Lawyers for Harvey Weinstein are asking a judge to toss criminal sex-crime charges, citing an extensive and affectionate email correspondence between the onetime powerful Hollywood producer and his alleged rape victim.
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.
Harvey Weinstein's lawyers want a NY court to throw out sexual assault charges against him.
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