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Harvey Weinstein’s Lawyer Alleges “Police Misconduct” in Hopes of Quashing Sexual Assault Charges

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Harvey Weinstein and his lawyer Benjamin Brafman at the New York State Supreme Court on October 11.

By Stephanie Keith/Getty.

Last month, Harvey Weinstein scored a small legal victory when a New York Supreme Court judge granted a motion to dismiss one out of six sexual assault charges against the producer. (Weinstein has denied all claims of nonconsensual sex.) And on Monday, Weinstein’s lawyer filed a motion to dismiss the remaining charges against Weinstein, claiming that the case had been “irreparably tainted” by “police misconduct.”

Weinstein’s lawyer Benjamin Brafman also claims, per TMZ, that text messages from one of the accusers, Mimi Haleyi, prove that she remained in contact with Weinstein for seven months after the alleged assault. Brafman criticized prosecutors for not sharing the messages with the grand jury.

Brafman also accuses Nicholas DiGaudio, the former lead detective on the case, of witness coaching. A friend of an accuser has said that DiGaudio pressured her to withhold information that might suggest one alleged assault was a consensual encounter in exchange for an acting job. DiGaudio has also been accused of telling accusers to delete content they did not want authorities to see before turning their cell phones over to authorities. Per Page Six, Brafman “noted that all three accusers deleted their social-media posts from the time period of their alleged assaults last year and suggested that DiGaudio may have been behind it.”

In the motion filed Monday, Brafman argued that the “necessary consequences of these compounded defects is the dismissal of the entire indictment.”

The Manhattan D.A. did not respond to requests for comment and the union repping DiGaudio did not immediately respond to the motion filed on Monday.

Weinstein’s remaining charges carry a minimum sentence of 10 years and a maximum sentence of life imprisonment. The New York Police Department reiterated to the Associated Press that “the evidence against Mr. Weinstein is compelling and strong” and that it will continue to work toward delivering “justice for the courageous survivors who have bravely come forward.”

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