Weinstein seeks to get case tossed, citing accuser's emails

Harvey Weinstein's defense says emails with rape accuser clear him will ask for charges to be dismissed based on grand jury error

Film producer Harvey Weinstein arrives at Manhattan Criminal Court in New York City, U.S., July 9, 2018.

The disgraced producer is charged with six sexual assault counts relating to three different women, including predatory sexual assault, criminal sexual act in the first degree, and rape in the first and third degrees.

Weinstein's lawyers just filed legal docs saying the emails show the accuser was not a rape victim, but rather a consensual partner in a relationship with him.

The emails and text messages - allegedly sent and received through Weinstein's official company account and phone - were obtained by his legal team earlier this year after a bankruptcy judge in DE granted access to them for his criminal defense.

The woman and Weinstein communicated over a four-year period after the date she said he raped her, Weinstein's lawyers said.

When contacted by CNN, the Manhattan District Attorney's Office declined to comment on Friday's motion for dismissal.

But Weinstein's lawyers are now seeking permission to unseal the emails, arguing in a DE bankruptcy court filing that the emails are "exculpatory" - that is, favourable to his case - and so should be made available to his legal defence.

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Brafman has said witnesses can corroborate Weinstein's denials of the criminal charges, which the lawyer has called a product of political pressure to prosecute Weinstein amid the #MeToo outcry.

The charges against Weinstein came nine months after The New Yorker and The New York Times published accounts from several women accusing him of various forms of sexual misconduct. It's only related to one woman, and not the others who are part of the two more indictments. "No one can be happy to be in the position that he is in", Brafman said in June outside of the courthouse. The other is a former production assistant who said he performed oral sex on her against her will in 2006.

"They may have stupidly jumped the gun here, laying out their plans", a Manhattan law enforcement official told Deadline today of the proposed dismissal that Weinstein's DE based Bayard P.A. lawyers dropped into some bankruptcy filings late last night.

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.

We're told Weinstein did not use a personal email, but rather one from The Weinstein Company and, when he was sacked, the company wouldn't give him access to the account.

Through his company and Miramax, Weinstein won plaudits and awards for movies including "Shakespeare in Love", "Pulp Fiction" and "The King's Speech".

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