Harvey Weinstein lawyer demands court dismiss entire sex assault case

Tabitha Dunn
August 4, 2018

Harvey Weinstein's defence lawyer on Friday (Aug 3) demanded that a NY court dismiss the sex crimes charges against him, explosively disclosing "warm" emails between the disgraced Hollywood tycoon and his alleged rape victim, in which she said "I love you".

Lawyers for Weinstein filed notice they'll seek dismissal of the case. On Wednesday, his attorneys in the Weinstein Co. bankruptcy case asked the court's permission to include emails from one of the accusers in the publicly filed dismissal motion.

Over 70 women have accused Weinstein of a variety of sexual misconduct crimes, including rape, with some of the incidents dating back decades. Another message, days later, says "it would be great to see you again".

"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".

Weinstein's lawyers said charges against Weinstein in NY involving two other women were flawed and must be dismissed as well.

"I love you, always do".

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.

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They also take issue with other charges against Weinstein on legal grounds, such as being too vague or outside legal time limits, and argue all the charges should be dismissed.

The bankruptcy court judge let Weinstein have access to his company emails and personnel files; now, his attorneys say, they have uncovered emails relevant to his sexual-assault case.

Weinstein, 66, was charged on May 25 with four counts of sexual assault and two of rape.

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

Weinstein's lawyers said the charges relating to the former actress failed to provide enough detail because they did not say exactly when the assault happened, instead giving a three-month range.

Weinstein has pleaded not guilty and has said through his attorneys that any sexual encounters he had with women over the years were consensual.

The producer pleaded not guilty and is now out on a $1 million bail along with Global Positioning System tracking, so he can't leave the country.

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