UPDATE, 12:55 PM: After months and months trying to get his hands on emails sent from his The Weinstein Company account, a federal bankruptcy judge has given Harvey Weinstein the right to use the correspondence to fight a grand jury criminal case that could see him serving time for the rest of his life.
In an emergency hearing requested by the disgraced producer’s lawyers with TWC’s committee of unsecured creditors and aimed to hit Manhattan D.A. Cyrus Vance Jr’s office with misconduct over the indictments in New York Supreme Court, Judge Mary Walrath On Thursday allowed Weinstein to include emails with one of his alleged victims in a motion to dismiss the criminal case.
However, the judge said in today’s teleconference that no information indicating the identity of the woman in question can be included in the paperwork, which is expected to be filed tonight or on Friday.
The emails are said to offer a perspective on Weinstein’s relationship with the victim that supposedly contradicts what the Manhattan D.A. told the grand jury about the much accused movie executive.
Vance’s office had no comment on the Delaware decision today or the forthcoming motions.
PREVIOUSLY, 8:11 AM: Amidst the recent confusion of a sex for jobs interview that was then walked back and a short-lived dust-up with his former crisis PR team over fees, Harvey Weinstein now looks to tackle the multiple sex crimes case that could see him behind bars for life.
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. Long teased by the pugilistic Brafman, the paperwork was not unexpected after Weinstein made his latest not guilty plea on July 9 to charges of committing a forcible sexual act in the first degree.
“They may have stupidly jumped the gun here, laying out their plans,” a Manhattan law enforcement official told Deadline today of the proposed dismissal that Weinstein’s Delaware based Bayard P.A. lawyers dropped into some bankruptcy filings late last night. Based on Empire State rules that a grand jury must be aware of all evidence that could be favorable to the defendant’s case, Weinstein’s attorneys are resting a big bet on long sought corporate emails of the producer’s that they say add new light to the matter.
Reps for Weinstein had no comment on the expected upcoming motions or the strategy behind them. A spokesperson for Cyrus Vance Jr’s office had no comment on the upcoming filings.
A bit different from last night, when Weinstein’s people were doing nothing but talking.
“The emails are to be attached as exhibits to pre-trial motions—which must be
filed in the Supreme Court of New York County no later than August 3, 2018—seeking a
dismissal of the indictment for, among other reasons, the failure of the prosecutor to advise the grand jury of the substance of exculpatory communications made by the one of three complaining witnesses underlying the counts of the indictment and contained in the e-mails sought for use here,” said an emergency status conference request filed Wednesday in the now sold The Weinstein Company’s bankruptcy case in Delaware (read it here).
“It is Mr. Weinstein’s belief that these e-mails are material and exculpatory and the failure of the district attorney to provide this evidence to the grand jury warrants a dismissal of the indictment.”
On July 2, the Manhattan District Attorney hit Weinstein with heavier charges than he had previously been facing in New York, including a more serious degree of sexual assault which could potentially put him in prison for life. The charge of committing a forcible sexual act in the first degree pertains to the allegations of a third woman, following the previous case based on the accounts of two other women. Having already posted $1 million bail and given up his passport, the producer put in a not guilty plea last month and is expected back in court personally in the fall.
As well as being investigated by federal prosecutors, the Manhattan D.A. and the NYPD, allegations against Weinstein have been reviewed by the LAPD, which sent a trio of cases to the L.A. County D.A. on February 8. As UK police continue their investigation, the Beverly Hills Police passed two cases of sexual assault that they say occurred in their jurisdiction to Jackie Lacey’s office on January 2.