Harvey Weinstein motions to dismiss indictment

BY SAMANTHA COSTANZO
Posted on DEC 29, 2018

Weinstein says that he has a collection of about 40 emails that show one of the women accusing him of rape was actually a consensual partner in a relationship with him, and that the emails show she was affectionate towards him.

Harvey Weinstein, who has been indicted on three counts of rape, had his lawyers make a motion to dismiss one of those indictments, TMZ reported.

Weinstein says that he has a collection of about 40 emails that show one of the women accusing him of rape was actually a consensual partner in a relationship with him, and that the emails show she was affectionate towards him.
The emails are from the woman to Weinstein's professional email address, not a personal account, and that The Weinstein Company would not grant him access to the account after he was fired. His lawyers received access, but a bankruptcy judge issued a protective order barring them from releasing the emails prior.

Weinstein's lawyers were granted permission today to use the emails as an exhibit in their motion to dismiss the indictment, saying that while the Manhattan district attorney knew the emails existed, the documents were never presented to the grand jury that indicted Weinstein. This, according to the lawyers, is considered misconduct due to failure to provide crucial evidence and should result in the dismissal.

Weinstein turned himself in to the NYPD in May and was charged with rape, a criminal sex act, sex abuse, and sexual misconduct. He posted $1 million cash bail, surrendered his passport, and now wears a monitoring device that prevents him from traveling beyond New York or Connecticut.

"Mr. Weinstein has always maintained that he has never engaged in non-consensual sexual behavior with anyone," his attorney Ben Brafman said at the time

 

 

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