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Chief investigative reporter Jonathan Dienst on crime, corruption and terrorism.
Harvey Weinstein

Lawyer Says ‘Loving Emails’ Are Key to Harvey Weinstein Defense

NBCUniversal, Inc.

What to Know

  • Opening statements are expected as soon as this week in the Manhattan rape and sex assault trial against Harvey Weinstein
  • Weinstein’s lead lawyer, former Chicago prosecutor Donna Rotunno,  said that while some women may regret having sex with him, "regret sex is not rape"
  • The disgraced movie mogul faces up to life in prison if convicted

Defense lawyers want to use a trove of intimate email correspondence between Harvey Weinstein and his accusers to try to convince a jury that any contact was consensual, one of the attorneys said Tuesday on the eve of opening statements in Weinstein’s rape trial in New York City.

The defense has “dozens and dozens and dozens of loving emails to Mr. Weinstein” it wants to use to discredit witnesses, attorney Damon Cheronis told a Manhattan judge.

Some of the same women who claim they were victimized by the disgraced movie mogul “also bragged about being in a sexual relationship with him,” he said.

The disgraced movie mogul's attorneys said the judge in the case should recuse himself after the magistrate admonished Weinstein for using his cell phone in the court room the day before. NBC New York’s Adam Kuperstein reports.

Judge James Burke barred the defense from using the actual emails in a presentation planned for opening statements but permitted referring to their “substance and content.”

The jury was picked last week to decide Weinstein’s fate in a highly anticipated trial expected to last at least six weeks. The selection process was marked by discord, including defense objections over the inclusion of a woman who wrote an upcoming novel involving young women dealing with predatory older men.

Harvey Weinstein has been hit with new charges of sex crimes in California, the same day he appeared in court in New York City. Jonathan Dienst and Chris Glorioso report.

The once powerful and feared studio boss behind such Oscar winners as “Pulp Fiction” and “Shakespeare in Love” is charged with raping a woman in a New York City hotel room in 2013 and forcibly performing a sex act on another at his apartment in 2006. He has said any sexual activity was consensual. If convicted, he could get life in prison.

Lawyers for Weinstein, 67, have tried, so far unsuccessfully, to move the trial out New York City, arguing that heavy publicity has turned the case into a “carnival” and that the media hub where celebrities and ordinary people often intersect can’t possibly give him a fair trial. The request is now before a state appeals court.

Copyright AP - Associated Press
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