Harvey Weinstein lawyers ask for case dismissal citing text from accuser
Lawyers for disgraced movie mogul Harvey Weinstein asked a judge Monday to toss the remains of the criminal case against him — revealing for the first time that one of the accusers tried to meet with him soon after she claims he abused her.
Production assistant Mimi Haleyi alleged in a press conference last year that Weinstein forcibly performed oral sex on her in his SoHo home in 2006.
According to the motion, on Feb. 12, 2007, she allegedly texted Weinstein’s phone: “Hi! Just wondering if u have any news on whether harvey will have time to see me before he leaves? x Miriam.”
“This message makes clear that Mimi Haleyi wished to continue seeing Mr. Weinstein even after the alleged sexual assault,” defense attorney Ben Brafman wrote in the filing.
He blasts prosecutors for not presenting this communication to the grand jury.
The Haleyi text is the latest dent in the Manhattan District Attorney’s rapidly crumbling sex abuse case against the former film industry giant.
She is one of two victims whose allegations are still propping up the indictment. The second victim, who hasn’t been publicly identified, alleges that Weinstein raped her in March 2013.
A judge last month dismissed the felony count related to a third victim, Lucia Evans, over spiraling credibility worries.
Evans, who was once considered the strongest part of the case, accused Weinstein of forcing her to perform oral sex on him in 2004 in his Tribeca office when she was a fledgling actress.
But prosecutors eventually uncovered an exculpatory email she wrote to her husband that suggested that the encounter was consensual.
She also told a friend that the act was not coerced. Evans allegedly told a pal that she gave Weinstein oral sex in exchange for an acting job, according to Joan Illuzzi-Orbon.
The friend said she described her recollections to lead detective Nicholas DiGaudio – but that he pressured her not to disclose the information.
DiGaudio was kicked off the case for alleged misconduct.
A few weeks later, Illuzzi-Orbon disclosed that the same detective coached the second victim to “delete anything she did not want anyone to see” from her phone before turning it over to authorities.
DiGaudio has denied the allegations.
Brafman argues in the latest motion that the entire case has been irreversibly contaminated by DiGaudio’s conduct and Evans’ alleged “perjury.”
The attorney also questioned the credibility of the second victim, who had a “long-term, consensual” relationship with Weinstein, which continued after she alleges he raped her March 18, 2013, in a Manhattan hotel.
In an email sent nearly four years later, she allegedly wrote: “I love you, always do. But I hate feeling like a booty call :)”
These communications, the lawyer says, were also not presented to the grand jury.
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