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

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

Last month, the Oscar victor, 66, was slapped with an additional count of criminal sexual act in the first degree and two counts of predatory sexual assault.

The emails and text messages - allegedly sent and received through Weinstein's official company account and phone - were obtained by his legal team earlier this year after a bankruptcy judge in DE granted access to them for his criminal defense.

If all goes to plan, the much accused and disgraced producer aims to have his criminal case attorney Benjamin Brafman file a series of motions either tonight or tomorrow in New York Supreme Court to have the grand jury indictments either dismissed or moved to another venue, Deadline has confirmed.

Weinstein has already pleaded not guilty to the charges involving two of the women.

Messages sent in the weeks, months and even years after the alleged 2013 rape showed that Weinstein and the woman were in a "long-term, consensual, intimate relationship" that never once referred to an assault, Brafman claimed.

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. It's only related to one woman, and not the others who are part of the two more indictments. "But I hate feeling like a booty call".

Mr Brafman quoted dozens of emails between Weinstein and the alleged rape victim - saying they should not have been kept away from the grand jury.

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When contacted by CNN, the Manhattan District Attorney's Office declined to comment on Friday's motion for dismissal.

Weinstein faces six sex crimes charges in NY, involving three accusers.

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

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.

Weinstein, who was dismissed from his company following the sex abuse allegations, could face life imprisonment if convicted of predatory sexual assault. They sparked a solidarity movement known as #MeToo.

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".

He has denied all allegations of non-consensual sex, but he is also under investigation in Los Angeles and London.

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