Harvey Weinstein pushes to have criminal case dismissed

Lawyers for movie producer Harvey Weinstein have filed a motion to have the criminal case against him dismissed.

Harvey Weinstein appears at his arraignment in Manhattan Criminal Court.

Harvey Weinstein appears at his arraignment in Manhattan Criminal Court. Source: Getty Images

Lawyers for Harvey Weinstein have filed a motion to have the criminal case against him dismissed, claiming prosecutors failed to show exculpatory evidence to the grand jury.

The disgraced producer is charged with six sexual assault counts relating to three different women, including predatory sexual assault, criminal sexual act in the first degree, and rape in the first and third degrees.

Predatory sexual assault carries a minimum sentence of up to 10 years and a maximum sentence of life imprisonment.

Weinstein has already pleaded not guilty to the charges involving two of the women.
Harvey Weinstein appears at his arraignment in Manhattan Criminal Court last month to face further sex assault charges.
Harvey Weinstein appears at his arraignment in Manhattan Criminal Court last month to face further sex assault charges. Source: Getty Images
In court papers filed in New York on Friday, his lawyers said: "Based on published reports, the District Attorney's Office conducted its investigation amidst overwhelming pressure from the media, politicians and high-ranking police officials demanding the arrest of Mr Weinstein."

The motion includes dozens of emails submitted in evidence between Weinstein and one of his accusers, that his lawyers claim show an intimate relationship between them.

The communications took place after the date she alleges he raped her.

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.

"Among the numerous grounds supporting dismissal, the motions reveal the existence of exculpatory evidence known to the prosecution but intentionally kept from the grand jurors, communications which corroborate Mr Weinstein's factual innocence in this case.
Hollywood film producer Harvey Weinstein is facing fresh sexual assault charges.
Hollywood film producer Harvey Weinstein is facing fresh sexual assault charges. Source: Getty
"Attached to the motions are dozens of emails written by the anonymous accuser, who sent extensive warm, complimentary and solicitous messages to Mr Weinstein immediately following the now claimed event and over the next four-year period.
"These communications irrefutably reflect the true nature of this consensual intimate friendship, which never at any time included a forcible rape."

Brafman argues that all the charges should be dropped because the prosecution cannot show that Weinstein used "forcible compulsion" in any of the alleged incidents.

A spokeswoman for the New York District Attorney declined to comment.

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


Share
2 min read
Published 4 August 2018 6:58am
Updated 4 August 2018 10:37am


Share this with family and friends