Harvey Weinstein cites ‘warm’ email from accuser, files motion to dismiss charges

Lawyers for American movie mogul Harvey Weinstein have filed a motion seeking to have the criminal case against him thrown out.

Weinstein has pleaded not guilty to six charges involving three different women.

To support the motion, which was filed in court yesterday, the attorneys cited dozens of "warm" emails they say Weinstein received from one of his accusers after the date she claimed she was raped.

According to reports, the attorneys shared details from more than 400 emails between Weinstein and the woman, which were sent between April 2013 and February 2017.

The woman complained that on March 18, 2013 Weinstein trapped her in a New York City hotel room and forced himself on her.

But Weinstein’s legal team argued that prosecutors should have shared the emails with the Grand Jury that indicted him.

They claimed, too, that the case should be dismissed in its pre-trial stage because there was a “series of failings.”

Other issues raised by the attorneys include lack of details on the timeline of an alleged assault in 2004 and the lack of advance warning from the District Attorney's office about the presentation of more serious charges.

The New York District Attorney's Office has not yet commented.

According to Weinstein’s attorneys, one of the emails was sent nearly a month after the woman claim she was raped.  

"I hope to see you sooner rather than later," she reportedly wrote on April 11, 2013 in one of the emails included in the motion filed by Weinstein’s attorneys.

"I love you, always do, but I hate feeling like a booty call," another email said.

The attorneys argue that the emails “irrefutably reflect the true nature of this consensual intimate friendship, which never at any time included a forcible rape."

They, however, acknowledged that “this [motion] is not to ignore that rape can occur in relationships such as an abusive marriage or where the parties have been dating each other for a time."

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