Harvey Weinstein on Friday asked a judge to throw out rape and serial sex-assault charges against him, claiming prosecutors hid the fact that he had a “long-term, consensual” relationship with one of his accusers.
Evidence presented by the disgraced movie mogul includes an email in which the unidentified woman allegedly told him: “I love you, always do. But I hate feeling like a booty call. :)”
Court papers say she sent the email on Feb. 8, 2017 — nearly four years after Weinstein allegedly raped her on March 18, 2013.
The email is one of dozens that Weinstein says contain “exculpatory evidence” the Manhattan District Attorney’s Office withheld from the grand jury that indicted him on charges that could send him to prison for life.
Court papers cite a message sent on April 19, 2013 — a little more than a month after the alleged sex attack — in which the woman allegedly told Weinstein: “Text or call me on saturday, ill be done around 9pm i believe earliest. We can work something out from there?”
Two emails from Oct. 22, 2013 allegedly show the woman saying, “Hopefully I can run into you today!” and “I could take off for a lunch if y have a time or see u at 10.”
Less than a week later, on Oct. 28, she also wrote, “I can take a lunch if u have time?” and the next day followed up with, “Depending on when I finish, I could swing by soho on my way home?,” court papers say.
The 159-page Manhattan Supreme Court filing also includes the following exchange between Weinstein and the woman — who’s identified as “CW-1” for “complaining witness” No. 1 — which allegedly took place on July 26, 2014:
CW-1 (4:45 p.m.): Hi! ?
HW (4:47 p.m.): Where r u. How r u
CW-1 (5:55 p.m.): I’m at work. Just had u cross my mind and thought u would send a hello. I am well
HW (6:15 p.m.): Love to cross your mind it’s my favorite exercise
CW-1 (8:50 p.m.): Lol that mad me laugh so hard.
Court papers say it was “fundamentally unfair” the grand jury wasn’t able to question the woman about her “her direct and seemingly solicitous and complimentary communications with her alleged rapist immediately after and consistently for years after the alleged rape.”
Weinstein also says that prosecutors “violated all sense of fair dealing by presenting the Grand Jury with an incomplete and misleading impression” of the woman’s “contact and communications” with him.
Court papers say the two exchanged about 400 emails during the “weeks and years after the alleged rape.”
“This flawed presentation, we submit, knowingly allowed the Grand Jury to receive a materially incomplete picture of the evidence known to exist in this case, namely the long-term, consensual, intimate relationship between CW-1 (the alleged victim) and Mr. Weinstein,” defense lawyers wrote.
Court papers also say prosecutors knew Weinstein and the woman “had a long-term, consensual, intimate relationship at the time of the alleged rape and that it continued for years after.”
In a prepared statement, lead defense lawyer Ben Brafman said the emails “corroborate Mr. Weinstein’s factual innocence.”
“These communications irrefutably reflect the true nature of this consensual intimate friendship, which never at any time included a forcible rape,” Brafman said.
A spokesman for Manhattan DA Cyrus Vance Jr. declined to comment.
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