Lawyers for Harvey Weinstein will try to get his criminal sexual assault case tossed on the grounds that the grand jury was not told about emails from an accuser that they say would have cleared him, records show.
The preview into a motion to dismiss, that is slated to be filed by Weinstein’s lawyer Ben Brafman by Friday, is part of a request for documents recently submitted by counsel for the disgraced former Hollywood mogul in the Weinstein Company’s Delaware bankruptcy case.
Weinstein is charged with predatory sexual assault, criminal sex act and rape in Manhattan Supreme Court for alleged attacks against three women including aspiring actress Lucia Evans.
The lawyers want the case dismissed because of the “failure of the prosecutor to advise the grand jury of the substance of exculpatory communications made by the one of three complaining witnesses underlying the counts of the indictment and contained in the e-mails sought for use here,” according to the filing in a Delaware bankruptcy court.
Weinstein wants emails from the company that he thinks will help his criminal defense.
Brafman’s spokesman said he would not comment in advance of the filing.
A spokesman for Manhattan District Attorney Cyrus Vance Jr. declined to comment.