Harvey Weinstein Cites New Emails in Motion to Toss Criminal Case

By Gene Maddaus

LOS ANGELES (Variety.com) – Harvey Weinstein’s attorney released a handful of new emails from two accusers on Thursday in a court filing seeking to dismiss the criminal charges against him.

Weinstein’s attorney, Ben Brafman, argues that the friendly emails show that Weinstein was involved in consensual relationships with the women. The new emails involve Mimi Haleyi, who alleges that Weinstein forcibly performed oral sex on her in 2006, and a second woman identified as CW-4.

Though she is not named in the filing, CW-4’s allegations correspond with those in a lawsuit filed by Alexandra Canosa, who has accused Weinstein of repeated sexual assaults over the course of several years. Canosa’s allegations have not been raised in the criminal case, but Brafman is concerned that numerous additional accusers may be called to offer “prior bad acts” evidence.

Brafman’s filing states that CW-4 alleges she was first assaulted by Weinstein at a hotel in New York on Aug. 12, 2010. Canosa’s lawsuit claims that Weinstein assaulted her on that date at the Tribeca Grand Hotel in Manhattan.

“The very next day, however, Mr. Weinstein and CW-4 were emailing each other about a movie script,” Brafman writes. “During this exchange, Mr. Weinstein told CW-4 ‘the really good news is how much I think about you.’ In response, CW-4 fondly tells Mr. Weinstein — the man she claims sexually assaulted her hours earlier — ‘I have been thinking about you too.’”

Brafman also cited a few emails from Haleyi. In 2008, she signed off an email to Weinstein with “lots of love.” In 2007, she emailed to thank him for tickets to a premiere: “Please let Harvey know the gesture was most appreciated.”

Brafman got permission from Judge Mary Walrath on Monday to quote the emails, which were obtained by Weinstein’s attorneys through the Weinstein Company bankruptcy case. Walrath barred him from identifying women who have not been named in the case, or releasing any identifying information. Brafman has said that he has reviewed thousands of such emails, including those from 25 accusers who have publicly identified themselves in lawsuits or media accounts. He indicated on Monday that he wanted to quote more extensively from those emails, in a preemptive effort to dissuade prosecutors from calling those woman to testify.

Brafman had earlier released about 40 emails from the other accuser in the criminal case — who has not been identified — in which she expresses affection for Weinstein for several years after the alleged rapes.

Brafman has argued that the case should be dismissed due to prosecutorial and police misconduct. The District Attorney’s Office agreed to drop one count against Weinstein after disclosing that New York City Police Department Detective Nicholas DiGaudio had failed to share potentially exculpatory evidence.

A hearing is set for Dec. 20.