Harvey Weinstein Claims New Witness Should Make Rape Case D.O.A.

on February 8. Another case was handed over to that same office in in August. Additional allegations against Weinstein have been reviewed by the LAPD, which sent an initial trio of cases to the L.A. Along with being accused by more than 60 women of sexual assault or sexual harassment, Weinstein is under investigation by federal prosecutors as well as the probe by the Manhattan D.A.’s office and the NYPD. As UK police continue their investigation, the Beverly Hills Police passed two cases of sexual assault that they say occurred in their jurisdiction to Lacey’s office on January 2.” /> County D.A.
"Counsel is not aware of any other sex crimes case in recent memory where the integrity of the investigation and the prosecution has been so severely compromised by evidence that is not even contested," said a muscular defense filing Thursday in New York state court (read it here).
The Manhattan District Attorney's office did not respond to request for comment on today's filing.
"Perhaps most important, the witness further stated that the first time she ever heard CW-1 claim anything inappropriate against Mr. Weinstein was this past year," attorney Ben Brafman declares, noting the flood of accusations that emerged against Weinstein since the publication of a New York Times expose in October 2017.
Claiming further cover-up, they also hit back again at the Manhattan District Attorney and detectives at the NYPD in an effort to get the whole action dismissed. Less than an month away from a hearing that could determine if the criminal case against Harvey Weinstein has the legs to go forward, lawyers for the disgraced producer today assert that they have a new witness to prove one of the accusers in the case is making up her claims.
on October 11. After the hearing, an attorney for Lucia Evans, who had claimed the producer forced her to perform oral sex on him in 2004, said that the dropping of the count “says nothing about Weinstein’s guilt or innocence.” Rather, “it only speaks volumes about the Manhattan D.A.’s office and its mishandling of my client’s case.” Out on $1 million bail after having entered a not-guilty plea to the first round of indictments and surrendering his passport earlier this year, Weinstein saw one of the counts in the case dropped by the office of Cyrus Vance Jr.
"As part of counsel’s ongoing investigation, the defense has recently located and interviewed a woman who was an extremely close friend of CW-1 before and after the alleged March 2013 rape," the response Thursday to the opposition filed earlier this month by the D.A.'s office to the defense's argument that the entire grand jury process had been tainted by police misconduct and perjury by one of the accusers.
Weinstein is not asking this Court to dismiss the Superseding Indictment based only on some legal flaws and technicalities," attorney Brafman made clear, in his own way. "To be clear, Mr. Weinstein also seeks dismissal because the Police Department and the District Attorney’s Office have consistently violated his constitutional rights to a fair Grand Jury, by irreparably tainting the Grand Jury proceedings through purposeful misconduct, false testimony and the withholding of exculpatory evidence that seriously undermined the integrity of those proceedings." "Rather, Mr.
never revealed that to his team or seemingly the Grand Jury that indicted Weinstein earlier this year. The often aggressive and media savvy attorney also states in today's filing that the alleged victim recently tried unsuccessfully to convince her friend to say she had been told of the assault back in 2013 if asked by authorities. Outlining what he says was a "consensual sexual relationship" with Weinstein by the alleged victim, Brafman then claims that police did approach the friend, she told them she knew nothing about any assault but the NYPD and the D.A.
In the lead-up to the increasingly pivotal December 20 hearing before the New York Supreme Court's Justice James Burke, this revelation could certain shake an increasingly unsteady case that many once treated like a slam dunk.
Weinstein were 'hooking up' for a 'very long time' and that she never heard CW-1 say anything bad about Mr. Weinstein during this time period, including March of 2013 when she CW-1 and Mr. "In the defense interview, the witness stated, in substance, that CW-1 and Mr. "In fact, the witness stated that CW-1 actually spoke very highly of Mr. Weinstein were all in New York together and also in 2015 when CW-1, Mr. Weinstein and the witness went out socially together," the latest salvo in a battle that could see the much accused Weinstein behind bars for life stated. Weinstein."

Manhattan DA Urges Judge To Reject Harvey Weinstein’s Argument For Dismissal

Nor are the rest of the charges based on false evidence, Wilson argues.
boil down to the claim that the new information that led to dismissal of count six must somehow have impaired the integrity of the entire grand jury process, requiring the dismissal of every count," wrote ADA Kevin Wilson. "The law, however, is clear and to the contrary." "The defendant's myriad arguments in support of dismissal …
"A review of the grand jury minutes will reveal that evidence was presented properly and with correct legal instructions," Wilson writes.
The Manhattan district attorney's office is urging a state Supreme Court judge to reject Harvey Weinstein's call to dismiss all of the remaining sex-crimes charges against him.
The Manhattan DA's office countered that it provided "full, accurate and fair evidence" supporting the remaining counts in the indictment — and it's under no obligation to present this type of evidence.
"As for the hearing that the people fear will become a "circus" – it is they who created the circus with the DA and the NYPD calling each other liars."” /> "Nothing in the DA's response gives us any more confidence in the integrity of the Grand Jury's proceedings, and we anticipate filing a formal reply after the Thanksgiving Holiday," Brafman said.
District Attorney Cyrus Vance Jr.'s office strenuously objected to Weinstein's legal argument that the entire grand jury process had been tainted by police misconduct and perjury by one of the accusers in a court filing today.
He argues that questions about Evans' testimony came to light after the indictment had been handed down. There's no suggestion that the prosecutor knew about the perjury, and hid it from the grand jury, he wrote. Wilson contend that Weinstein fails to clear the legal high bar necessary to dismiss a grand jury indictment.
Weinstein's attorney said we wasn't persuaded by the DA's argument.
Prosecutors moved to dismiss one of the sexual assault charges last month, after acknowledging that the lead detective in the case had committed an error — he failed to tell them about other witnesses who cast doubt on the credibility of one of Weinstein's accusers, Lucia Evans.
Weinstein's attorney, Benjamin Brafman, maintained prosecutors should have presented the grand jury with emails and texts from the other accusers demonstrate that any sexual contact between Weinstein and other accusers "was purely consensual."
Indeed, the grand jury was instructed to treat those allegations separately, the DA argues in court papers (read it here). In today's legal filling, the prosecutors argue that the remaining criminal charges rely on other evidence that is independent of Evans' testimony, and therefore not sullied.

Harvey Weinstein Wants Rape Criminal Case Dropped; Cites NYPD, D.A. “Misconduct”

Just under a month after seeing one of the counts dropped in the criminal case that could put him behind bars for life, a bolstered Harvey Weinstein today moved to get the rest of the case dismissed.
On October 31, an amended class-action complaint filed in federal court claimed that  Weinstein tried to rape a 16-year old virgin model in 2002 and continued harassing her for many years afterward in both New York and Los Angeles. Brafman called those allegations from a Jane Doe "preposterous" in response. As the NYC-case takes another battering from the defense looking to kill the matter altogether by a thousand missteps, Weinstein faces new damning allegations in one of the many civil cases against him.
Along with being accused by more than 60 women of sexual assault or sexual harassment, Weinstein is under investigation by federal prosecutors as well as probes by the Manhattan D.A.’s office and the NYPD. Additional allegations against Weinstein have been reviewed by the LAPD, which sent an initial trio of cases to the L.A. on February 8. Another case was handed over to that same office early last month. County D.A. As UK police continue their investigation, the Beverly Hills Police first passed two cases of sexual assault that they say occurred in their jurisdiction to Lacey’s office on January 2.” />
Slammed with a barrage of criticism in today's files, the Manhattan D.A.’s office declined to comment when contacted by Deadline.
In papers filed in New York Supreme Court on Monday, the much accused and disgraced producer’s lawyer Ben Brafman is seeking the tossing out of “the entire indictment, or particulars thereof, as arising out a Grand Jury proceeding that was irreparably tainted and rendered defective by police misconduct, Lucia Evans false testimony and the District Attorney’s failure to provide exculpatory emails to the Grand Jury (all counts), unsupported by legally sufficient evidence (Count One) or based on an unconstitutional statute (Counts One and Three).”
After the October 11 hearing, an attorney for Evans said that the dropping of the count “says nothing about Weinstein’s guilt or innocence.” Rather, “it only speaks volumes about the Manhattan D.A.’s office and its mishandling of my client’s case.”
Basically, the documents (read them here) declare that the NYPD are corrupt, the D.A. is incompetent, one of Weinstein’s alleged victims is a liar, Harvey’s not a sexual predator and we should all move on.
Already set to appear before Justice James Burke on December 20 in the only criminal case so far in the country against Weinstein, Brafman is seeking anther hearing on the motions on the remaining five counts submitted Monday.
That's when then college student and aspiring actor Evans' allegations against Weinstein of being forced to perform oral sex on him in his office in 2004 were undermined by additional evidence that suggested their relationship was consensual. Out on $1 million bail after having entered a not-guilty plea to the first round of indictments and surrendering his passport earlier this year, Weinstein was last in court on October 11.