‘Who’s lying?’ -‘I love you but hate feeling like a booty call’! Harvey Weinstein rape accuser gushes about his ‘beautiful eyes’ and says ‘no one understands her like him’ in newly released emails sent after her alleged assault
Details matter: Weinstein also wants the charge filed in the Lucia Evans [above] case dismissed because she does not remember the exact day he allegedly forced her into oral sex
Brafman argues that emails like that and the others he submitted along with the motion, should have been seen by members of the grand jury.
At the same time, he is also asking that the charge of Criminal Sex Act should be tossed because of inconsistencies.
‘Mr. Weinstein was indicted for an alleged act of forcible oral sex by someone who claims she does not remember when it occurred and asserts only that it was purportedly sometime during a three-month period in 2004, nearly fourteen years ago,’ reads the motion.
‘He was also indicted for the rape of [email accuser], whose extensive communications and contact immediately following the now claimed forcible rape instead reflect a consensual, intimate relationship with Mr. Weinstein in an exchange of more than 400 warm, complimentary and solicitous emails with an alleged rapist for more than four years after the alleged rape, never once in those 9 communications claiming to have ever been harmed by Mr. Weinstein.’
Harvey Weinstein leaves Manhattan Criminal Court after being arraigned on three sex crimes charges on July 9.
The final email, from 2017, is less effusive than the others submitted by Weinstein, reading: ‘I love you, always do. But hate feeling like a booty call.’
That came in response to an email from Weinstein in which he tried to schedule a meeting with the woman before heading off to a redacted city.
He wrote that he could meet in the afternoon, and when the woman responded to ask the address Weinstein replied with the name of a hotel, even though he was in New York at the time.
The filing states that it was one year after that email, in February 2018 when, ‘upon information and belief, [Weinstein’s accuser] for the first time ever made any claim of an alleged rape to any law enforcement authority.’
Weinstein’s attorney Ben Brafman commented on the filing in a statement on Friday.
‘The motions filed today reflect the first opportunity for Mr. Weinstein to present legal arguments as to why the indictment filed against him should be dismissed,’ said Brafman.
‘Among the numerous grounds supporting dismissal, the motions reveal the existence of exculpatory evidence known to the prosecution but intentionally kept from the grand jurors, communications which corroborate Mr. Weinstein’s factual innocence in this case.’
He continued: ‘Attached to the motions are dozens of emails written by the anonymous accuser, who sent extensive warm, complimentary and solicitous messages to Mr. Weinstein immediately following the now claimed event and over the next four year period.
‘These communications irrefutably reflect the true nature of this consensual intimate friendship, which never at any time included a forcible rape.’
The Manhattan District Attorney’s Office declined to comment on Weinstein’s motion, in which he does not deny having sexual relations with his accuser on the date of the alleged criminal offenses.
Weinstein was married to his now estranged wife Georgina Chapman during the time that all 40 emails were sent.
One month after she was allegedly raped by Weinstein in a midtown hotel, the woman closed out a brief message by writing: ‘Thanks, and I hope to see you sooner thank [sic] later …’
The next day she said: ‘I appreciate all you do for me, it shows.’
Three days after that she expressed a desire to see Weinstein and ‘catch up,’ a desire she again reiterated a few days later in an emails submitted as evidence in the motion.
A September email in which the woman is incredibly complimentary to Weinstein read: ‘You have mastered storytelling and continually Are outdoing yourself and the competition. You are the bar.’
She then signed off with: ‘Miss you big guy.’
One month prior she had requested a private audience with Weinstein, saying: ‘I was hoping for some time privately with you to share the direction I am going in life and catch up because its been awhile.’
The woman also gave Weinstein her contact information after changing her phone number.
Brafman filed an emergency request for a hearing on Wednesday, asking that the judge who is overseeing The Weinstein Company’s bankruptcy case in Delaware allow for the release of 40 emails that were sent to his client by one of the three women who he has been criminally charged with assaulting.
That hearing was granted, and on Thursday afternoon the judge ruled that Weinstein can have the emails, which he previously could not access because they were sent through his work account.
Weinstein’s reasons for wanting to file these emails as evidence in the case was outlined in Brafman’s request for a hearing and then again on Thursday.
‘They are endearing, intimate, pleasant, flattering, friendly emails between her and Mr. Weinstein,’ Brafman told Judge Mary Walrath on Thursday.
‘If the grand jury had these emails, they would not have indicted.’
Brafman had previously suggested that he would defend his client by showing in court that he and one of his alleged victims had been in a long-term relationship.
Weinstein was indicted by a grand jury in June after declining to testify on his own behalf.
Brafman complained at the time that Weinstein had been ‘unfairly denied access to critical information about this case that was needed to defend him before the Grand Jury.’
Brafman cited the fact that he and Weinstein did not know who the accusers were in this case as part of the issue, saying they only learned who the charges were linked to on the day of Weinstein’s arrest.
This despite the fact that both women shared their stories with The New Yorker.
That is when Brafman told reporters after a court meeting that the woman who alleges she was raped by Weinstein multiple times during a 2013 incident in a midtown hotel was having a decade-long affair with the producer.
‘This is an extraordinary case in my judgement where the only rape victim that Mr. Weinstein is accused of raping is someone with whom he has had a 10-year consensual sexual relationship – both before and after the alleged incident,’ stated Brafman.
He also called the woman’s allegations ‘absurd.’
‘Demanding an indictment or prosecution is inappropriate pressure. It is unprecedented. It troubles me and I want to make those matters known to the court.’
He then noted: ‘I’m not certain that there’s any remedy but I wanted to make clear I was unhappy with those issues.’
Weinstein is facing six charges in total, with three new charges added last month: Criminal Sexual Act in the First Degree for a forcible sexual act against a woman in 2006 as well as two counts of Predatory Sexual Assault.
Predatory Sexual Assault carries a minimum sentence of 10 years in prison and a maximum of life behind bars.
The movie industry titan has been charged with Predatory Sexual Assault for allegedly committing the crimes of Rape, Criminal Sexual Act and Aggravated Sexual Abuse in the first degree on two occasions in New York.
‘A Manhattan Grand Jury has now indicted Harvey Weinstein on some of the most serious sexual offenses that exist under New York’s Penal Law,’ said Manhattan District Attorney Cyrus Vance at the time.
Those new charges were added to the three charges the disgraced executive was already facing: Rape in the First and Third Degree and Criminal Sexual Act in the First Degree.
Weinstein, who has been accused of sexual assault by over 20 women, was arraigned on those initial three charges back in June. He entered a plea of not guilty.
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