Harvey Weinstein Will Reportedly Seek Dismissal Based on Email Evidence

Emmett Rice
August 4, 2018

Weinstein, 66, has pleaded not guilty to all of the charges and is free on $1 million bail.

"Why is Mr. Weinstein seeking to avoid facing a jury in a criminal trial?"

If all goes to plan, the much accused and disgraced producer aims to have his criminal case attorney Benjamin Brafman file a series of motions either tonight or tomorrow in New York Supreme Court to have the grand jury indictments either dismissed or moved to another venue, Deadline has confirmed.

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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. Allred asked, adding that a grand jury "would not have indicted him if they did not find the testimony that they heard credible".

"Among the numerous grounds supporting dismissal, the motions reveal the existence of exculpatory evidence known to the prosecution but intentionally kept from the grand jurors, communications which corroborate Mr Weinstein's factual innocence in this case".

The lawyer described the dozens of messages as "warm, complimentary and solicitous" and as reflecting "the true nature of this consensual intimate friendship, which never at any time included a forcible rape".

The Manhattan District Attorney's office hasn't immediately commented.

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Where did these emails come from?

After he was sacked, his lawyers gained access to the emails, but a bankruptcy judge overseeing the dissolution of The Weinstein Company issued a protective order banning the attorneys from disseminating them.

Lawyers for Weinstein filed notice they'll seek dismissal of the case. Allegations against Weinstein, first brought to light by The New York Times and The New Yorker magazine, catalyzed the #MeToo movement about calling out sexual misbehaviour.

Mr Brafman said that other messages appeared to show the woman arranging to meet Weinstein and planning to introduce him to her mother.

Mr Weinstein has consistently denied any non-consensual actions.

He also faces a raft of civil lawsuits.

Unlike in the USA, there is no statute of limitation on sexual abuse cases in the United Kingdom, meaning incidents from decades ago could still go to court.

Other reports by Free-Prsite

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