Harvey Weinstein will use his accusers’ own words to answer allegations that they’re the victims of sexual assault — and instead prove the encounters were all consensual, a defense lawyer said Wednesday.
During opening statements at the disgraced movie mogul’s trial, lawyer Damon Cheronis detailed a series of communications between Weinstein and Jessica Mann after he allegedly raped her in March 2013.
About six months later, in September 2013, Mann sent Weinstein an email that included her saying, “Miss you big guy!”
Another email from Feb. 28, 2017, the contents of which Cheronis displayed in Manhattan Supreme Court, showed Mann telling Weinstein, “I love you, I always do. But I hate feeling like a booty call. ;)”
“Members of the jury, that’s not how you talk to your predator,” Cheronis said.
Mann also wrote diary-like notes on her phone, Cheronis said, with one entry referring to Weinstein as her “casual boyfriend.”
And in November 2014, Cheronis said, Mann texted a friend “about the breakup” between her and a boyfriend.
“What she says in that message is, ‘I guess our relationship started off on a bad foot when I blew a famous Hollywood producer who could ruin your career,’” he said.
“Those aren’t my words, that is what you will hear how she describes Harvey Weinstein in November of 2014.”
Accuser Mimi Haleyi — who claims the disgraced movie mogul forcibly performed oral sex on her in July 2006 — also sent Weinstein affectionate messages that Cheronis showed the jury.
“Dear Harvey I haven’t seen you in so long, how are you? Listen, I’m saving up to become a kundalini yoga teacher and I just wanted to announce myself available for work,” he said she wrote in February 2009.
Cheronis noted that Haleyi gave a tearful, televised interview in which she recounted his alleged sex assault, but never mentioned a second encounter that the prosecution detailed in its opening statement — but for which he isn’t charged.
Cheronis also pointed out that Haleyi pitched ideas for TV shows to Weinstein after she was allegedly attacked and that she hired feminist lawyer Gloria Allred to represent her ahead of a news conference at which she went public with her claims against him.
“She’s a famous attorney somebody who sues people for money,” Cheronis said of Allred, who was seated in the front row of the courtroom gallery.
Cheronis challenged the credibility of “The Sopranos” actress Annabella Sciorra — who alleges Weinstein raped her in the winter of 1993-1994 — by claiming that she changed her story about what happened.
“You’re going to hear that when she initially spoke to prosecutors she said, ‘I didn’t report it because I didn’t think it was rape,’” Cheronis said.
The defense lawyer also mocked the opening statement by prosecutor Meghan Hast, who graphically described the alleged attacks that Weinstein’s accusers are expected to testify about — calling it “a preview to a movie you’re not going to see.”
“What you’re going to be is shocked, based on the opening statement you just heard,” he said.
“You are going to know that what Ms. Hast just told you won’t hold water.”
At one point, Cheronis alluded to Weinstein’s vaunted status in Tinseltown as an Oscar-winning producer before the #MeToo movement wrecked his reputation and ended his career.
“He made ‘Pulp Fiction,’ ‘Good Will Hunting,’ ‘Shakespeare in Love,’” Cheronis said. “I’m not saying that as bragging.”
The attorney wrapped up his opening statement by saying: “He’s not only not guilty, he’s actually innocent of these charges.”