Producer Weinstein’s lawyer asks court to dismiss sexual assault case citing ‘police misconduct’

November 06, 2018:

On Monday, Film producer Harvey Weinstein’s lawyers filed a motion asking New York court to dismiss one of the sexual assault cases against him.

He had claimed evidence that the allegation was false & cited “police misconduct.”

New York Supreme Court had dismissed one of six criminal charges against Weinstein after prosecutors admitted that the lead detective at the time, Nicholas DiGaudio, had failed to tell them about a witness who cast defamation about one of the accusers.

In the latest petition, Weinstein’s lawyer Benjamin Brafman claimed that the accuser, identified as Mimi Haley, corresponded with the film producer for 7 months after the alleged attack.

Brafman also cited former detective DiGaudio’s track record to poke holes in the case. He said the Manhattan district attorney’s office’s case is deeply flawed due to “admitted police misconduct”, Los Angeles Times reported.

The Manhattan district attorney’s office has not responded to queries on the development yet.

Weinstein, who has been accused of sexually assaulting more than 70 women, surrendered at a Police Station in New York on May 25.

He has been indicted on multiple charges of rape & assault following several allegations of sexual misconduct against him.

Weinstein has been charged with first & third degree rape, and a criminal sexual act in the first degree. He faces between 5 & 25 years in prison if proven guilty of the most serious crimes.

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