NYC prosecutors drop part of Harvey Weinstein case

Weinstein wins dismissal of criminal charge for alleged sex assault

It deals with sexual assault allegations by one of three accusers in the case, Lucia Evans.

A letter from prosecutors, subsequently unsealed by the judge, revealed credibility issues and seemed to suggest that Evans, an aspiring actress in 2004, may have performed oral sex on Weinstein of her own volition, in the hope of obtaining an acting part.

"The decision of the prosecutor to abandon my client, Lucia Evans, does not invalidate the truthfulness of his accusations", commented the lawyer of Mrs. Evans, Carrie Goldberg.

He also claimed a police officer had corruptly attempted to influence the case by keeping a witness from testifying about her misstatements.

"This is an attack on the fundamental integrity of the grand jury process", Brafman said.

"Nothing in the disclosure relating to count six impacts the strength of the remaining case and the remaining counts in the indictment, all five of them, including predatory sexual assault", she said. "We have to look at her motives here... this was 15 years ago for this woman also", Goldberg said.

Following the hearing, the office of Manhattan District Attorney Cyrus Vance made public a letter it had sent to Brafman last month disclosing that an unnamed witness had told them that she had heard an account of the alleged assault from Evans that was different from the one Evans originally gave to Vance's office.

Weinstein is on $1million bail.

The 66-year-old father of five, out on a $1 million bail and forced to wear a Global Positioning System monitor, has long pleaded not guilty to six counts allegedly committed against three women in 2004, 2006 and 2013.

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Brafman said he believed Evans had lied both to the grand jury and to The New Yorker about her encounter with Weinstein and suggested she be prosecuted for perjury. Rather, "it only speaks volumes about the Manhattan D.A.'s office and its mishandling of my client's case".

Evans told her friend when they walked home that night that she had flashed her breasts to Weinstein in the restaurant's hallway.

The detective denies the allegations, but acknowledges he "failed to inform" the district attorney's office of "important details" of the interview.

He also blamed the New Yorker, which broke the story, for failing to properly fact check Evans' claims.

"This is obviously a very positive development", Ms Brafman said outside court. Weinstein has pleaded not guilty to all the charges.

Images of Weinstein in handcuffs were seen by many women as a cathartic moment in the MeToo reckoning. In May, she became one of eventually three women to form the foundation of the criminal case against him. Days later, The New Yorker published the first in a series of articles in which women brought forth allegations of rape, sexual assault, and sexual harassment against the film executive.

DiGaudio and other police officials poured on the pressure, saying publicly that they believed they had gathered ample evidence to make an arrest.

He added: "The case against Mr Weinstein is, in my view, not sustainable".

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