Lawyers: Emails support Weinstein
Defense says grand jury should have seen letters
NEW YORK — Before telling authorities that Harvey Weinstein had raped her, his accuser sent warm emails after the alleged attack welcoming plans to get together, seeking advice and telling him no one “understands me quite like you,” according to court papers his lawyers filed Friday.
The woman, who hasn’t been publicly identified, has accused the former movie producer-turned-#metoo villain of raping her in a hotel room in March 2013.
But his lawyers, who are seeking to get the rape and other sex charges against Weinstein dismissed, argue the emails portray an intimate, consensual relationship, not the aftermath of a rape. And the attorneys say grand jurors should have heard about the exchanges before deciding to indict him this spring.
One message, less than a month after the alleged rape, expresses appreciation for “all you do for me,” according to copies of emails filed in court. Another message, days later, says “it would be great to see you again.”
Over the ensuing months and years, the two continued seeking and arranging to meet, the emails show. “I was so happy you saw me today! Very honored,” the woman wrote after a get-together in October 2013.
At another point, they made plans for him to meet her mother.
The emails filed Friday are only some of the roughly 400 messages between the two, but none of them accuse Weinstein of harming her, defense lawyer Ben Brafman wrote in court papers. He said prosecutors knew of the emails but “likely” didn’t present a full picture of the communications to the grand jury, making the process “fundamentally unfair.”
The Manhattan District Attorney’s office declined to comment.
New York appeals courts have said prosecutors aren’t obliged to present grand jurors with all forms of evidence that could favor a defendant, but the courts also have noted that prosecutors are obliged to seek justice and not just convictions.
Weinstein also is charged with forcibly performing oral sex on another woman in 2006 and forcing a third woman, Lucia Evans, to perform oral sex on him in his office in 2004. His lawyers say all the charges should be dismissed; the defense says some charges are too vague, among other arguments.
Gloria Allred, a lawyer for the woman who made the 2006 allegation, said grand jurors “would not have indicted him if they did not find the testimony that they heard credible.”
“Why is Mr. Weinstein seeking to avoid facing a jury in a criminal trial?” she asked in a statement.
A lawyer for Evans didn’t immediately respond to a request for comment.