A bankruptcy judge gave permission on Thursday for Harvey Weinstein’s attorneys to include 40 emails from an anonymous rape accuser in a motion to dismiss his criminal case.
Judge Mary Walrath allowed Weinstein’s lawyers to use the emails, provided that the alleged victim’s name and initials are not used in the motion. Weinstein’s attorney, Benjamin Brafman, argued that the emails would show that Weinstein had a friendly, long-term relationship with the woman, lasting for four years after the alleged rape occurred in 2013.
“They are endearing, intimate, pleasant, flattering, friendly emails between her and Mr. Weinstein,” Brafman said. “If the grand jury had these emails, they would not have indicted.”
The woman has not been identified in court. Brafman asked permission to refer to her by her initials, which he repeatedly stated are “J.M.” James Stang, a lawyer for the committee of unsecured creditors, objected to using the woman’s initials, saying that would make it easier to discover her identity.
Brafman said he intended to accuse the Manhattan District Attorney’s office of prosecutorial misconduct for not sharing the emails with the grand jury. He intends to file a motion to dismiss the indictment on Friday morning. He has repeatedly stated that Weinstein had a 10-year consensual affair with the victim.
The woman is one of three whose allegations underpin the criminal case against Weinstein. Weinstein faces up to life in prison if convicted.