New York Post

New e-twist may aid Harv

Accuser’s messages in play

- By REBECCA ROSENBERG rrosenberg@nypost.com

Lawyers for disgraced movie mogul Harvey Weinstein won permission Thursday to publish an unidentifi­ed sex-abuse accuser’s e-mails in an effort to toss the criminal case against him.

A Manhattan Supreme Court indictment charges Weinstein with six sex crimes against three women. If convicted, he could face up to life in prison.

His civil lawyers on Wednesday requested an “emergency” hearing in Delaware bankruptcy court. They got permission Thursday to use about 40 e-mails as exhibits to a pretrial motion in the criminal case “seeking dismissal of the indictment.”

Identifyin­g informatio­n about the accuser must be redacted, the judge ruled.

“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,” lawyer Scott Cousins wrote. Criminal defense lawyer Ben Brafman is expected to use the e-mails in the dismissal motion, which is due Friday.

In June, after a protracted battle, bankruptcy Judge Mary Walrath ordered Weinstein’s old company to turn over some of the e-mails — but included an “attorneys’ eyes only” provision.

Thursday’s ruling modifies that order, allowing Weinstein to use specific e-mails from one accuser.

The fallen producer, who has been accused of sexual misconduct by more than 80 women, lost access to his work e-mails after The Weinstein Co. fired him in 2017.

During a May 8 hearing in the bankruptcy case, attorney Cousins conceded, “He’s not — after, perhaps, Mr. Schneiderm­an and Mr. Cosby, he’s probably not the most treasured person in the US right now.”

Former state Attorney General Eric Schneiderm­an resigned after four women accused him of assault. Bill Cosby, once known as America’s Dad, was convicted of three counts of sexual assault.

Brafman and the Manhattan DA’s Office declined to comment.

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