Harvey Weinstein lawyer demands court dismiss entire sex assault case

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

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

Ben Brafman, Weinstein's laywer, said in a statement: "The motions filed today reflect the first opportunity for Mr Weinstein to present legal arguments as to why the indictment filed against him should be dismissed".

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He will next appear in court on 20 September.

The filing, a copy of which was uploaded to document-sharing website Scribd, shows that Weinstein's lawyers sought an emergency phone conference with the court prior to 4 p.m. Thursday. In January 2014, the defense quoted her as writing: "Your [sic] the one who makes it look good with your smile and handsome eyes!"

"There is no one else I would enjoy catching up with that understands me quite like you", the woman, who has not been publicly identified, wrote in January 2014.

In another exchange, she wrote to say: "Just had u cross my mind and thought u would send a hello".

When Weinstein apparently replied: "Love to cross your mind it's my favourite exercise", she answered: "Lol that made me laugh so hard.". "But thank you that makes me so happy to hear".

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Last month, Manhattan District Attorney Cyrus R. Vance Jr. said the 66-year-old Weinstein is charged with "some of the most serious sexual offenses" that exist under state law. One involves a former actress who said Weinstein forced her to perform oral sex on him in 2004.

"Mr Weinstein categorically denies that he had non-consensual sex with any person, and specifically the three accusers in the pending indictment", he wrote in the 159-page filing, that included 30 exhibits of emails.

Lawyers for Harvey Weinstein are asking a judge to toss criminal sex-crime charges, citing an extensive and affectionate email correspondence between the onetime powerful Hollywood producer and his alleged rape victim.

"It is Mr. Weinstein's belief that these e-mails are material and exculpatory and the failure of the district attorney to provide this evidence to the grand jury warrants a dismissal of the indictment".

Vance's office did not immediately respond to an AFP request to comment.

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

In 2017, dozens of women - including many famous actresses - came forward with allegations, ranging from rape to sexual harassment.

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