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NEW YORK (CBSNewYork) – Harvey Weinstein is due back in a Manhattan court as his lawyers seek to have some of the sexual assault charges against him dismissed.
A court spokesperson says Judge James Burke is expected to deliver a partial ruling on their motion Thursday morning.
In total, more than 75 women have come forward accusing the disgraced movie mogul of sexual abuse. He pleaded not guilty to six felony sex crimes based on allegations from three women.
Weinstein’s attorney, Benjamin Brafman, says the grand jury that indicted him did not see dozens of crucial emails from one of the accusers. Brafman claims the emails show a consensual, intimate relationship that lasted years.
For example, in the weeks and months after an alleged attack in March 2013, the accuser wrote to Weinstein, saying, “Hope to see you sooner than later,” then “It would mean a lot if we could catch up over a drink then” and “Miss you big guy.”
The defense says the emails do not reflect communications between a rapist and a victim, including one in which she wrote, “Your the one who makes it look good with your smile and beautiful eyes.”
Weinstein’s attorney also asked the judge to dismiss an assault count, because he says prosecutors did not pinpoint the date it happened.
Prosecutors say they are investigating the circumstances of that charge and the other counts should stand.
Manhattan District Attorney Cyrus Vance says the case is a result of a months-long, ongoing investigation led by his office, along with the NYPD.
Weinstein’s next court date is scheduled for Nov. 8.