A month after a judge dismissed one of the counts in Harvey Weinstein’s rape case, lawyers for the disgraced movie mogul are seeking to have the rest of the case dismissed in its entirety.
According to legal documents filed in a New York court on Monday, Weinstein is asking the judge to throw out “the entire indictment,”alleging “misconduct” by the NYPD and the District Attorney, and the “false testimony” of the accuser.
The motion to dismiss the case allegedly stems from 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).”
The court filing alleges that the D.A. failed to provide “exculpatory evidence of the long-term, consensual, intimate relationship” between Weinstein and his accuser, and requests “the entire superseding indictment” be dismissed due to “the pervasive falsity and professional misconduct in and around the grand jury, attributable to the police, the district attorney and the complainants.”
Last month, a judge dismissed the charge involving Lucia Evans, one of the women who detailed her allegations of sexual assault to Ronan Farrow for the original New Yorker story that triggered Weinstein’s downfall after more than 60 women came forward with similar allegations.
Evans was a 21-year-old college student when, she alleges, she met alone with Weinstein to ostensibly discuss her acting career; she claims that during the meeting, Weinstein forced her to perform oral sex on him. The rape charge stemming from Evans’ allegations, however, was dismissed last month when her personal writings were discovered, which suggested her sexual relationship with Weinstein was consensual.
Weinstein, who has denied all allegations of non-consensual sex, still faces criminal charges over allegations he raped an unidentified woman in his hotel room in 2013 and, in 2006, performed a forcible sex act on a different woman.
Weinstein has entered a plea of not guilty, and is currently free on $1 million bail.