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

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The 66-year-old former Tinseltown titan is out on bail and has pleaded not guilty to six counts allegedly committed against three women in 2004, 2006 and 2013.

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

The defense lawyer accused Manhattan District Attorney Cyrus Vance of acting in haste, caving under "unprecedented" pressure to indict Weinstein, having been investigated for failing to prosecute him for an alleged groping incident in 2015.

"The pending indictment against Mr Weinstein must be dismissed at the pretrial stage because it is legally infirm based on the District Attorney's failure to provide exculpatory email evidence to the Grand Jury". 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.

"These communications irrefutably reflect the true nature of this consensual intimate friendship, which never at any time included a forcible rape".

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

Where did these emails come from?


Harvey Weinstein's lawyers want a NY court to throw out sexual assault charges against him.

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.

What are the cases against him?

They sparked a solidarity movement known as #MeToo.

The charges stem from allegations from three women, according to court documents.

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 NY in 2011, called for the entire indictment against Weinstein to be dismissed, based on the emails and a series of technicalities.

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".

Weinstein, who produced movies including Pulp Fiction and Shakespeare in Love, has denied all allegations of nonconsensual sex, with his attorney challenging the credibility of his accusers.