Harvey Weinstein’s attorneys have been granted an emergency hearing Thursday in Delaware bankruptcy court, as they seek permission to publish “exculpatory” emails from one of his accusers in his criminal case.
Weinstein faces six sex crimes charges in New York, involving three accusers. Weinstein’s criminal attorneys are expected to file a motion in New York Supreme Court to dismiss the indictment on Friday. On Wednesday, his attorneys in the Weinstein Co. bankruptcy case asked the court’s permission to include emails from one of the accusers in the publicly filed dismissal motion.
“It is Mr. Weinstein’s belief that these e-mails are material and exculpatory and the failure of the district attorney to provide this evidence to the grand jury warrants a dismissal of the indictment,” Weinstein’s attorneys wrote.
Weinstein was granted access to his work emails through the bankruptcy court in May. He had been seeking them since October, shortly after his ouster from the company, arguing that they would help him defend himself from sexual misconduct allegations, both in civil and criminal court.
Weinstein has previously issued press statements with photographs of himself smiling with Rose McGowan and Uma Thurman at gala events, implicitly arguing that they undermine the actresses’ accusations against him.
Weinstein’s attorneys now want to publish some of the emails — they say less than 40 — while redacting information that would identify the accuser. None of the three accusers has been formally identified in court.
The attorneys intend to argue that the D.A.’s office should have shared the substance of the emails with the grand jury. The defense is expected to offer other reasons in support of its dismissal motion as well.
The attorneys have sought permission from the Weinstein Co. estate and from the committee of unsecured creditors, which represents some of Weinstein’s accusers in civil court, to publish the emails in question. The committee has been unwilling to grant permission without a hearing on the matter. The hearing is scheduled for 3 p.m. Eastern.