Harvey Weinstein defense can use Gavin Newsom’s wife’s email at trial, judge rules – KCBS
LOS ANGELES (KABC) — Investigators used records obtained by Harvey Weinstein’s lawyers in an attempt to figure out the accuser’s identity, but a judge has ruled that the disclosure was not prejudicial.
A judge ruled Friday that the defense cannot use Gavin Newsom’s wife’s email address on the witness list.
The case began in October 2017 after the woman came forward and accused the Hollywood producer and multiple sexual assault allegations.
According to a court filing, investigators were looking for Newsom in attempts to track a cellphone that was used to receive an alleged sexual encounter in 2009.
However, Newsom’s attorney said the email address was not her married name and that his wife was not using the email or her maiden name and did not provide a physical address for the email address.
In a document, the defense argued that since the email address was not connected to the accuser, it could not be used to get additional details about the accuser.
District Court Judge Eric Melgren ruled in favor of the defense, saying it was reasonable for the defense to try and identify the accuser’s identity and what happened over the phone.
Melgren said it is reasonable to get information about the phone number associated with the wife in attempts to figure out who the accuser is, despite the email address being disconnected from her name.
The defense also argued that, based on the timeline, the phone was used by Newsom and his wife in connection with the alleged encounter and that “it is reasonable to assume a common point of origin for the phone number in the search for a source of possible liability.”
The judge also noted that the defense had access to the phone records, which showed that the phone was used to receive the alleged sexual encounter between the accuser and Newsom.
“It’s obvious from the defense’s description of its activities prior to and following the call that it was trying to determine the identity of the caller and its point in time, so there was a common factor,” Melgren said.
He added that the defense made the effort to obtain the email address of the “common person,” rather than Newsom’s wife.