Harvey Weinstein’s lawyers have demanded a New York court dismiss all sex assault charges made against him.
The request came after they disclosed emails between the film producer and an alleged rape victim.
Weinstein, 66, was arrested in May and charged with six sexual assault counts relating to three different women – including predatory sexual assault, rape and a criminal sexual act.
He was released on bail and pleaded not guilty to the charges allegedly committed against in 2004, 2006 and 2013.
His lawyer Ben Brafman – one of America’s most celebrated defence attorneys – called for the entire indictment against Weinstein to be dismissed on Friday.
“Mr Weinstein categorically denies that he had non-consensual sex with any person, and specifically the three accusers in the pending indictment,” Mr Brafman wrote in the 159-page filing.
“The pending indictment against Mr Weinstein must be dismissed at the pretrial stage because it is legally infirm based on the District Attorney’s failure to provide exculpatory email evidence to the Grand Jury…”
Mr Brafman quoted dozens of emails between Weinstein and the alleged rape victim – saying they should not have been kept away from the grand jury.
Emails allegedly sent in the weeks, months and even years after the alleged 2013 rape could be understood “as far more consistent with an ongoing warm, friendly, relationship,” he said.
The alleged rape victim is quoted as saying in one email from February 2017: “I love you, always do. But I hate feeling like a booty call.”
In July 2014 she wrote: “Just had u cross my mind and thought u would send a hello.”
Weinstein is said to have replied: “Love to cross your mind it’s my favorite exercise,” before she answered: “Lol that made me laugh so hard.”
Mr Brafman said that other messages appeared to show the woman arranging to meet Weinstein and planning to introduce him to her mother.
She is also believed to have made contact with the Hollywood mogul when she needed help securing a job and for comfort when her father was ill.
Weinstein, who was dismissed from his company following the sex abuse allegations, could face life imprisonment if convicted of predatory sexual assault.
He will next appear in court on 20 September.
A spokesman for the New York District Attorney declined to comment.
The allegations made against him sparked the #MeToo social media campaign.