×
You will be redirected back to your article in seconds

Harvey Weinstein’s Attorney Moves to Dismiss Rape Case

Harvey Weinstein’s attorney moved on Monday to dismiss the five remaining counts in his sexual assault case, arguing that the entire prosecution has been tainted by police misconduct.

The defense lawyer, Ben Brafman, also released a text message from one of Weinstein’s accusers, Mimi Haleyi, in which she sought to meet up with him seven months after the alleged assault.

“Hi! Just wondering if u have any news on whether harvey will have time to see me before he leaves? x Miriam,” she wrote in February 2007, according to Brafman’s motion.

Brafman previously released 40 emails from a second accuser, who remains anonymous, in which she also spoke fondly of Weinstein and sought to meet with him. Those emails were disclosed as part of an earlier motion to dismiss the rape charges against Weinstein, which was denied.

The case has been on the ropes since last month, when the Manhattan District Attorney’s office disclosed that New York Police Department detective Nicholas DiGaudio had failed to notify prosecutors of exculpatory evidence pertaining to the third alleged victim, Lucia Evans. A friend of Evans told police that Evans had portrayed their encounter in 2004 as consensual. According to the D.A., DiGaudio concealed that account from prosecutors, and told the witness “less is more.” DiGaudio is no longer on the Weinstein case.

The D.A.’s office agreed to drop the single count related to Evans, but has argued that the remaining counts are solid.

“We are moving full-steam ahead,” lead prosecutor Joan Illuzzi-Orbon said in court last month.

On Oct. 17, prosecutors notified the defense of a second instance involving DiGaudio. The anonymous victim had come forward to say that DiGaudio had encouraged her to delete information from her phone before turning it over to the D.A. The woman consulted an attorney and ultimately did not delete anything, according to prosecutors.

Weinstein faces up to life in prison if convicted of the most serious remaining charges against him. He is accused of forcibly performing oral sex on Haleyi, a production assistant. He is also accused of raping the anonymous victim at a hotel in New York in 2013. Brafman has said the woman engaged in a 10-year consensual relationship with Weinstein, which lasted for several years after the alleged rape.

RELATED VIDEO:

More Biz

  • Phil McIntyre Steps Down as Roc

    Phil McIntyre Steps Down From Roc Nation Management, but Remains Affiliated With Company

    Phil McIntyre has stepped down as president of Roc Nation Management, but his PhilyMack management company remains affiliated with Roc, a source close to the situation tells Variety. PhilyMack, which McIntyre founded in 2006, partnered with Roc Nation in 2015. The source stressed that McIntyre’s role at Roc Nation Management  — whose clients include Rihanna, [...]

  • Harvey Weinstein Trial

    Ben Brafman Drops Out of Harvey Weinstein Rape Case

    Harvey Weinstein has officially parted ways with defense attorney Ben Brafman, releasing a joint statement Thursday announcing the move. Weinstein had clashed with his defense attorney over strategy in his rape and sexual assault case. The pair issued a statement saying their parting was amicable, and that Brafman would cooperate fully with Weinstein’s new attorneys. [...]

  • Netflix - Apple TV

    Netflix Turns in Record Q4 Subscriber Gain, Price Increase Weighs on U.S. Forecast

    Netflix is beating Wall Street expectations for international subscriber growth — but its recently announced price increase in the U.S. may have put a damper on its momentum in the States. For the fourth quarter of 2018, Netflix reported 1.53 million paid net adds in the U.S. and 7.31 million internationally, to end the year [...]

  • Heather Parry Live Nation

    Live Nation Investigation of Heather Parry Also Targets Leakers (EXCLUSIVE)

    Over the past two weeks, the law firm of Paul Hastings LLP has been probing allegations reported by Variety last month that Heather Parry, the head of Live Nation Productions, had verbally abused employees and used offensive language in the workplace. But the lead investigator, Elena Baca, seems to be just as interested in uncovering [...]

  • Leslie Moonves

    Leslie Moonves to Pursue Arbitration for His $120 Million Severance From CBS

    Former CBS Corp. chairman-CEO Leslie Moonves will pursue an arbitration claim to fight CBS for the $120 million severance that he was denied last month when the company’s board of directors determined he was fired for cause. Moonves was ousted in September after multiple women came forward with allegations of sexual misconduct against the longtime [...]

  • A view of the SK Telecom

    Korean OTT Players, SK Telecom Join Forces to Compete Against Netflix

    South Korea’s three major broadcasters KBS, MBC and SBS have joined forces with the country’s leading telecom firm, SK Telecom, to launch a new video streaming platform. The move is regarded as a defensive reaction against the growing influence of foreign competitors, lead by Netflix. The broadcasters already jointly own Pooq, with MBC and SBS [...]

  • David Lubliner Moves to UTA From

    Veteran WME Agent David Lubliner to Join UTA

    William Morris Endeavor agent David Lubliner is departing the company for a post at United Talent Agency, individuals familiar with the move told Variety. The parting of ways was amicable, the insiders added. Lubliner was a veteran in WME’s motion picture literary department. Rumors of his exit had been floating since Hollywood reopened for the new [...]

More From Our Brands

Access exclusive content