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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 Weinsteins 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 defendants case, Weinsteins attorneys are resting a big bet on long sought corporate emails of the producers 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
“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 Companys bankruptcy case in Delaware (read it here).
“It is Mr. Weinsteins 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.
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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 Laceys office on January 2.
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