Harvey Weinstein's attorneys are preparing a motion to have his case dismissed.
The Weinstein Company filed for bankruptcy in March, a few months after the emergence of sexual assault allegations against the Miramax film studio co-founder.
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.
His lawyers say all the charges should be dismissed; the defense says some charges are too vague, among other arguments. According to The Hollywood Reporter, the movie producer's legal team is planning to submit a motion for dismissal on the grounds that prosecutors didn't share allegedly exculpatory emails with the grand jury that returned an indictment.
"They may have stupidly jumped the gun here, laying out their plans", a Manhattan law enforcement official told Deadline today of the proposed dismissal that Weinstein's DE based Bayard P.A. lawyers dropped into some bankruptcy filings late last night.
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Weinstein, 66, was arrested in May and charged with six sexual assault counts relating to three different women - including predatory sexual assault, rape and a criminal sexual act.
Weinstein's lawyers said they meant "not to ignore that rape can occur in relationships", but that prosecutors should have shown the grand jurors the emails in order for them to make an "informed decision".
Weinstein faces six sex crimes charges in NY, involving three accusers. Weinstein did not use a personal email, but one from The Wienstein Company.
He was released on bail and pleaded not guilty to the charges allegedly committed against in 2004, 2006 and 2013.
Weinstein has been accused of bullying, harassment, misconduct, and/or rape by over 90 women, including actresses Gwyneth Paltrow, Asia Argento, Rose McGowan, and Salma Hayek.
"It is Mr. Weinstein's belief that these e-mails are material and exculpatory and the failure of the district attorney to provide this evidence to the grand jury warrants a dismissal of the indictment".