Film producer Harvey Weinstein’s lawyers on Monday filed a motion asking a court in New York to dismiss one of the sexual assault cases against him, claiming evidence that the allegation was false and citing “police misconduct”, TMZ reported.
On October 11, the New York Supreme Court 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 aspersions 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 seven 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, The Guardian reported.
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 and assault following several allegations of sexual misconduct against him.
Weinstein has been charged with first and third degree rape, and a criminal sexual act in the first degree. He faces between five and 25 years in prison if proven guilty of the most serious crimes.