Prosecutors Want to Know If Harvey Weinstein Has an Alibi

They're also fighting his request to see the minutes of what happened before the grand jury that indicted him.
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Harvey Weinstein

Prosecutors are fighting Harvey Weinstein's request to review records of what happened before the grand jury that indicted him — and they claim the mogul can't present an alibi at trial because he hasn't turned over that information to the Manhattan D.A.'s office.

Weinstein has been charged with multiple sex crimes, to which he has plead not guilty. His legal team has argued that the D.A.'s failure to show exculpatory evidence to the grand jury tainted the proceedings and, therefore, the case should be dismissed. They also want to review the minutes of the grand jury proceedings.

In a Wednesday filing, Assistant District Attorney Joan Illuzzi-Orbon says the grand jury minutes reveal Weinstein has been properly charged and there shouldn't be any question about the integrity of the proceedings — but they say a review by the court should suffice and there's no need for the defense to read them.

Weinstein's attorneys also challenged a third-degree rape charge, arguing that because it allegedly happened in March 2013 and he wasn't arrested until May of this year, the charge falls outside the five-year statute of limitations. Orbon argues that the clock pauses when the defendant leaves the state, and claims the time Weinstein spent outside of New York is more than enough to cover the gap.

They're also demanding that if Weinstein has an alibi for any of the alleged crimes he must disclose it — and they want to know whether he's undergone any mental evaluation. Because Weinstein hasn't yet served notice of an alibi or of presenting psychiatric evidence, Orbon argues he shouldn't be able to offer such evidence at trial.

Read the full filing below.