NEW YORK _ The second of two remaining sexual assault accusers in Harvey Weinstein's criminal case contacted him after she said she was attacked _ potentially weakening an already faltering case, the former movie mogul's lawyers revealed Monday.
Weinstein's team _ as part of a bid to toss the entire case _ disclosed a 2007 text message from ex-production assistant Mimi Haleyi to the Hollywood heavyweight's phone in which she expressed interest in connecting with him.
"Hi! Just wondering if u have any news on whether harvey will have time to see me before he leaves ...," Haleyi texted to Weinstein's phone Feb. 12, 2007, about seven months after she has accused him of forcibly performing oral sex on her.
Haleyi tearfully made the allegation at a news conference last year amid the #MeToo movement, claiming the sexual assault by Weinstein occurred on July 10, 2006. It was her first public statement about the allegation; she had not spoken with investigators.
Weinstein also stands charged with forcibly raping an unidentified woman at a Doubletree Hotel on Lexington Avenue on March 18, 2013. Some 40 flirty and affectionate emails between the woman and the producer _ beginning after the date of the purported attack _ confirm what his lawyers said was a decadelong consensual relationship.
Last month, prosecutors moved to dismiss one count in the indictment related to Lucia Evans, who was the third accuser in the Manhattan indictment. She was an aspiring actress in 2004 when she says Weinstein forced her to perform oral sex. The charge was tossed after information contradicting her story came to light, and after prosecutors said the lead detective on the case failed to share important interview material from a witness _ an Evans pal who was with her when she met Weinstein at a restaurant.
Weinstein's lawyer, Benjamin Brafman, says the whole case is tainted by the detective's involvement, and by grand jury missteps made by the Manhattan District Attorney's office. And he argued the indictment should be thrown out entirely _ or that a hearing be held on the disclosure controversy. Brafman also argued Evans' testimony about a sexual assault amounted to "false testimony" that poisoned the panel, saying it's "inconceivable" it didn't "infect the entire Grand Jury proceeding" and "influence" the jurors.
The Manhattan District Attorney's office declined to comment.
Police officials defended the case. "The evidence against Mr. Weinstein is compelling and strong. The NYPD will continue its work with the prosecution to deliver justice for the courageous survivors who have bravely come forward," New York Police Department spokesman Phil Walzak said in a statement Monday
Haleyi's lawyer, Gloria Allred, trashed the defense motion.
"The defense's speculation is not a substitute for evidence," she said in a statement. "If they are engaging in speculation as to my client, I believe that they are lacking in facts which would exculpate their client Mr. Weinstein. Their defense of Mr. Weinstein as to my client, appears to be built on quicksand rather than on a strong factual foundation. My client is very courageous and she will not be deterred by unjustified attacks."
Weinstein is due back in Manhattan Supreme Court next month.
