Harvey Weinstein will be shooting for dismissal of the criminal charges filed against him at a hearing next month. The movie mogul, now facing 25 years to life in prison for allegedly sexually assaulting two women, believes dismissal is in order of what his lawyer characterizes as a “deeply flawed indictment.” But if the judge doesn’t wish to go so far, attorney Benjamin Brafman on Thursday suggested that an evidentiary hearing should commence that explores prosecutorial misconduct.
Defense attorneys already achieved dismissal of a criminal charge related to the alleged rape of Lucia Evans after prosecutors acknowledged that the lead detective in the case had failed to disclose exculpatory evidence. Brafman now claims additional Brady violations, meaning prosecutors failed to turn over evidence favorable to the defendant.
In particular, in an affirmation filed Thursday, Brafman discusses interviewing someone who was an “extremely close friend” of “CW-1,” the anonymous woman who alleges being assaulted by Weinstein. In prior legal filings, Brafman has already attacked the story of “CW-1,” presenting emails that he portrays as demonstrating a “long-term, consensual, intimate relationship.”
The new witness is said to have told Weinstein’s lawyers that “CW-1” and Weinstein had been “hooking up” for a “very long time” and that she never heard anything bad until this past year, when “CW-1” allegedly reached out to tell her about the now-charged assault.
“She then asked the witness to assist CW-1 with the accusation she was making against Mr. Weinstein, presumably so as to serve as a prompt outcry witness,” writes Brafman. “The witness responded that CW-1 never ever told her that she was assaulted or raped by Mr. Weinstein. The witness further told CW-1 that she did not want to be involved with CW-1’s allegations against Mr. Weinstein.”
A police detective, according to Brafman, later learned of the communication, but Weinstein’s lawyer says that neither the New York Police Department nor the District Attorney’s Office provided this “highly exculpatory information” to him.