Harvey Weinstein shares emails from his rape accuser praising him and inviting him on dates

Harvey Weinstein’s attorney filed a letter with the judge in the disgraced mogul’s criminal case on Friday seeking to dismiss three of the charges.

Ben Brafman, Weinstein’s attorney in the case, claims in his letter to Judge James M Burke that the Manhattan District Attorney’s office withheld evidence from the grand jury who indicted his client and provides four emails that show Weinstein and his accuser spent time together after her alleged assault.

He also claims that the accuser told a friend that her relationship with Weinstein was consensual.

A spokesperson for the district attorney’s office declined to comment. 

Weinstein had previously filed a motion to dismiss the criminal charges against him in August that contained a number of emails sent by the same accuser between 2013 and 2017.

That woman, whose allegations against Weinstein resulted in charges of rape in the first degree, rape in the third degree and predatory sexual assault, wrote in the emails that Weinstein ‘is the bar’ for the movie industry and comments on his ‘smile and beautiful eyes. 

In one of the four new emails submitted by Brafman, she also agrees to attend a screening hosted by Weinstein, just hours after she was allegedly raped by the mogul. 

New bid: Harvey Weinstein (above) has submitted a letter looking to get three of the charges in his sexual assault case dismissed

Evidence: His lawyer provided four emails with his letter to the judge, including one from his accuser accepting an invite hours after her alleged assault (above) on March 18, 2014 

Evidence: His lawyer provided four emails with his letter to the judge, including one from his accuser accepting an invite hours after her alleged assault (above) on March 18, 2014 

An email from October 2013 also shows woman's friend telling Weinstein that the accuser 'adores' him 

An email from October 2013 also shows woman’s friend telling Weinstein that the accuser ‘adores’ him 

Documents show Weinstein’s office sent the woman an invitation to a movie screening the evening of March 18, 2013 – the day of the alleged assault. 

The accuser replied, ‘I’m just going with [redacted]. Thank you [redacted].’   

The letter states defense lawyers interviewed the friend who confirmed that she had gone to the event with the accuser and the two met Weinstein there that night. 

During that interview, the woman allegedly confirmed that Weinstein and the accuser were in the a ‘consensual, sexual relationship’ at the time, and that the accuser tried to enlist her help in going after Weinstein, according Branfman. 

Brafman argued that the emails, as well as the previous ones he submitted along with an earlier motion, should have been seen by members of the grand jury. 

‘Had the Grand Jury been aware that [accuser] continued her friendship with Mr Weinstein hours after the alleged rape (not just in the months and years after, as evidenced by her emails), there is little chance that her narrative would have been accepted by the Grand Jury,’ Branfman states.  

‘This new email evidence makes [the accuser’s] attempt even more egregious because, as it turns out, the witness was with [the accuser] hours after the alleged rape, yet [the accuser] did not say anything about being raped; instead, she chose to spend the evening with her friend and her alleged rapist!’  

Branfman also contends that the accuser must have talked about Weinstein in ‘glowing terms’ after an email from New Year’s Day 2014 revealed the friend had thanked the producer for ‘the things you did for [accuser] in 2013 and for the things you did for me as well.’ 

Those things included Oscar party invitations, dinners, premieres, and auditions, according to documents. 

An email from January 1, 2014 revealed the friend had thanked the producer for 'the things you did for [accuser] in 2013 and for the things you did for me as well.'

An email from January 1, 2014 revealed the friend had thanked the producer for ‘the things you did for [accuser] in 2013 and for the things you did for me as well.’

He argues the alleged victim must have talked about Weinstein in 'glowing terms' as a 2013 email reveals her friend told Weinstein, 'she adores you!'

He argues the alleged victim must have talked about Weinstein in ‘glowing terms’ as a 2013 email reveals her friend told Weinstein, ‘she adores you!’

An earlier email from October 2013 also shows the same friend telling Weinstein that the accuser ‘adores’ him. 

More than a year after the alleged rape, the accuser herself had an email exchange with Weinstein organizing dinner plans. 

On July 9, 2014, Weinstein emailed the woman asking: ‘Are you around on Friday evening? I’m going to be in [redacted].’

HARVEY WEINSTEIN FACING LIFE IN PRISON ON CHARGES

 Predatory Sexual Assault (Class A-II Felony) – 10 years to life in prison

 A person is guilty of predatory sexual assault when:

1. In the course of the commission of the crime or the immediate flight therefrom, he or she:

(a) Causes serious physical injury to the victim of such crime; or

(b) Uses or threatens the immediate use of a dangerous instrument; or

2. He or she has engaged in conduct constituting the crime of rape in the first degree, criminal sexual act in the first degree, or aggravated sexual abuse in the first degree.

Rape In the First Degree (Class B Felony) – Five to 25 years in prison and a fine of up to $5,000 

A person is guilty of rape in the first degree when he or she engages

in sexual intercourse with another person:

1. By forcible compulsion; or

2. Who is incapable of consent by reason of being physically helpless; or

3. Who is less than eleven years old; or

4. Who is less than thirteen years old and the actor is eighteen years old or more.

Rape In the Third Degree (Class E Felony) –  Up to four years in prison and a $5,000 fine

A person is guilty of rape in the third degree when:

1. He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;

2. Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or

3. He or she engages in sexual intercourse with another person without such person`s consent where such lack of consent is by reason of some factor other than incapacity to consent.

Criminal Sexual Act in the First Degree (Class B Felony) – Up to 25 years in prison 

A person is guilty of criminal sexual act in the first degree when he or she engages in oral sexual conduct or anal sexual conduct with another person:

1. By forcible compulsion; or

2. Who is incapable of consent by reason of being physically helpless;or

3. Who is less than eleven years old; or

4. Who is less than thirteen years old and the actor is eighteen years old or more.

 

The accuser replied: ‘There is no one else I would enjoy catching up with that understands me quite like you.’ 

‘I know I will be hungry, what is your timing? Do you have time for dinner?’ 

In a response to the December 7 filing, New York Assistant District Attorney Kevin Wilson argued Branfman’s findings did not constitute as exculpatory evidence and claimed the lawyer was using ‘one-sided, incomplete, and mischaracterized information.’ 

‘That the defendant has a misguided and antiquated view of how a rape victim should react after having been assaulted does not change this reality,’ Wilson wrote in a letter on Friday. 

In August, Branfman asked for the charge of Criminal Sex Act to 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,’ read the August 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.’

The final email, from 2017, was 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 Weisntein 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 August filing stated 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 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.

Another 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. 

WEINSTEIN EMAILS WITH RAPE ACCUSER AFTER ALLEGED ASSAULT

Read more at DailyMail.co.uk