TMZ reports that Harvey Weinstein claims he has forty emails that show he did not rape one of the women who is accusing him and that she actually consented to sex. The bankruptcy court judge let Weinstein have access to his company emails and personnel files; now, his attorneys say, they have uncovered emails relevant to his sexual-assault case.
Mr Brafman quoted dozens of emails between Weinstein and the alleged rape victim - saying they should not have been kept away from the grand jury.
In court papers filed in NY on Friday, his lawyers said: "Based on published reports, the District Attorney's Office conducted its investigation amidst overwhelming pressure from the media, politicians and high-ranking police officials demanding the arrest of Mr Weinstein".
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.
The attorneys intend to argue that the D.A.'s office should have shared the substance of the emails with the grand jury.
Lawyers for Harvey Weinstein are asking a judge to toss criminal sex-crime charges, citing an extensive and affectionate email correspondence between the onetime powerful Hollywood producer and his alleged rape victim. His lawyers say all the charges should be dismissed; the defense says some charges are too vague, among other arguments.
NY 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.
"The pending indictment against Mr Weinstein must be dismissed at the pretrial stage because it is legally infirm", he added. When he was sacked, the company wouldn't let him access the account.
A lawyer or representative for the woman was not immediately known to request comment on the motion. Lawyers for the former movie titan filed notice Friday they'll seek dismissal of the case.
London's Metropolitan Police have also been investigating claims against him, some of which date back to the 1980s.
Brafman has said witnesses can corroborate Weinstein's denials of the criminal charges, which the lawyer has called a product of political pressure to prosecute Weinstein amid the #MeToo outcry.
Weinstein has denied all allegations of "nonconsensual sexual activity", and he's remained free after posting $1 million cash bail.