More than 80 women have accused Harvey Weinstein of sexual misconduct, including rape, but one of the accusers' emails is not being used by his legal team in an attempt to have criminal charges against him dismissed.
Attorneys for the disgraced movie producer filed a motion for dismissal in New York federal court Friday, citing evidence they say the grand jury that indicted him never had access to.
EMAILS USED AS EVIDENCE
Lawyers say the dozens of email sent from one of accusers are "warm, complimentary and solicitous messages" sent "immediately following" the alleged rape "and over the next four year period."
"These communications irrefutably reflect the true nature of this consensual intimate friendship, which never at any time included a forcible rape," Weinstein's attorney, Ben Brafman told CNN in a statement.
One note, sent on January 5, 2014, ten months after the alleged rape occurred, the unnamed accuser wrote: "Your (sic) the one who makes it look good with your smile and beautiful eyes!! But thank you that makes me so happy to hear."
In another sent July 10, 2014, she wrote: "There is no one else I would enjoy catching up with that understands me quite like you. I don't get off work usually till after 7 and coming from (redacted). I know I will be hungry, what is your timing? Do you have time for dinner?"
It is unclear whether there will be a hearing scheduled on the new motion. He is next due in court on September 20th.