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Published: Sat, August 04, 2018
Culture | By Antonia Gonzales

Harvey Weinstein seeks to dismiss case based on accuser's emails

Harvey Weinstein seeks to dismiss case based on accuser's emails

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

His legal team wants permission to use the emails as evidence to get the indictment dismissed, claiming the Manhattan DA knew about the emails but never gave them to the grand jury.

The emails were reportedly sent after the rape allegedly happened and show a woman who was treating him affectionately.

Court filings obtained by the Los Angeles Times contained emails between Weinstein and an unidentified woman in 2013 in which the woman states that "it would be great to see you again" in one message dated after an alleged instance of rape.

Weinstein is next due to appear in court on September 20.

"Miss you big guy", another message added a few months later.

In a motion filed in NY state court in Manhattan, Weinstein's lawyers said the emails showed "a long-term, consensual, intimate relationship" between Weinstein and an unnamed woman who has accused him of raping her in 2013. And in an email in January 2014, she wrote, "you're the one who makes it look good with your smile and lovely eyes".

In July 2014 she wrote: "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 favorite exercise", she answered: "Lol that made me laugh so hard". A spokesperson for Cyrus Vance Jr's office had no comment on the upcoming filings. "No one can be happy to be in the position that he is in", Brafman said in June outside of the courthouse.

Weinstein, 66, was arrested in May and charged with six sexual assault counts relating to three different women - including predatory sexual assault, rape and a criminal sexual act.

He sought the dismissal citing failure to provide the emails to the grand jury, prosecutors not giving "adequate" notice about more serious charges filed last month, not saying exactly when the alleged 2004 assault took place, not prosecuting within statute of limitations, not providing evidence about the element of "force" and what he summed up as "other grand jury deficiencies".

A lawyer or representative for the woman was not immediately known to request comment on the motion.

Weinstein has denied the charges against him and other accusations of sexual misconduct, but has apologized for his past behavior.

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

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