Harvey Weinstein Seeks to Publish ‘Exculpatory’ Emails from Assault Accuser

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 Seeks to Publish ‘Exculpatory’ Emails from Assault Accuser

Harvey Weinstein is seeking the dismissal of sexual assault charges against him, according to court documents obtained by CNN.

The producer was taken into custody by NY authorities in May and indicted on two counts of rape and one for criminal sexual acts, relating to alleged incidents involving two women in 2004 and 2013. They include film actress Rose McGowan, who said Weinstein raped her in 1997 in Utah; Sopranos actress Annabella Sciorra, who said he raped her in her NY apartment in 1992; and the Norwegian actress Natassia Malthe, who said he attacked her in a London hotel room in 2008.

Weinstein's lawyers intend to argue that the first-degree rape charge is invalid because his relationship with an unnamed accuser continued after the date of the alleged attack.

A spokesperson for Cyrus Vance Jr's office had no comment on the upcoming filings.

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

Amidst the recent confusion of a sex for jobs interview that was then walked back and a short-lived dust-up with his former crisis PR team over fees, Harvey Weinstein now looks to tackle the multiple sex crimes case that could see him behind bars for life.

On Thursday, that same judge conceded the correspondence could be used in Mr Weinstein's motion against the criminal case, as long as the woman's identity was protected.

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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The accusations against Weinstein led to the #MeToo movement in which hundreds of women publicly accuse powerful men in business, politics and entertainment of sexual harassment and abuse.

No other criminal cases have been filed against Weinstein, who produced movies including "Pulp Fiction" and "Shakespeare in Love".

Prosecutors failed to give Weinstein adequate advance notice that they were presenting the "far more serious charges" to the grand jury of the allegation from 2006, his lawyers said.

"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".

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A lawyer or representative for the former actress was not immediately known to request comment. Weinstein did not use a personal email, but one from The Wienstein Company.

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