Manhattan DA drops part of sex assault case against Harvey Weinstein

Joann Johnston
October 11, 2018

She added that Evan's claims remain and that her client will continue her fight in other venues.

Assistant District Attorney Joan Illuzzi-Orbon, the lead prosecutor in the case, insisted that the agreement to drop the count would have no bearing on the case's resolution. A message left on a phone used by the detective in the past wasn't immediately returned.

Weinstein appeared in Manhattan Criminal Court on Thursday morning as Judge James Burke made a decision to dismiss count six of the eight-count indictment against the 66-year-old film producer.

Weinstein's lawyer, Benjamin Brafman, told the judge he believes Evans lied both to the grand jury and to The New Yorker about her encounter with Weinstein.

It leaves Weinstein facing allegations largely related to two women, but Brafman argued that Evans' "perjury" also taints the first count against Weinstein, if not the entire case.

Prosecutors also disclosed that they had discovered a draft email that Evans had written three years ago to a man who is now her husband that "describes details of the sexual assault that differ from the account" she provided to investigators. He also said he believed a police detective had corruptly attempted to influence the case by keeping a witness from testifying about her misstatements.

Hollywood film producer Harvey Weinstein enters Manhattan criminal court in NY, where he pleaded not guilty to rape and sex assault charges.

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

According to the letter, the detective told the witness she had no obligation to cooperate with prosecutors and "less is more".

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The New Yorker, in a statement, said it stands by its reporting and fact-checking process and that "any assertion by lawyers for Harvey Weinstein that The New Yorker had information that contradicted Lucia Evans's account is patently incorrect".

In an expose published in The New Yorker past year, Evans accused Weinstein of forcing her to perform oral sex when they met alone in his office in 2004 to discuss her fledgling acting career.

Film producer Harvey Weinstein sits during his hearing at Manhattan Criminal Court in N.Y., October 11, 2018.

He walked into the criminal court in downtown Manhattan dressed in a dark suit, tie and white shirt for the brief hearing that scored at least an initial win for his defence attorney Ben Brafman.

The witness alleges that Evans later agreed to give Weinstein oral sex in exchange for a movie role.

If found guilty, the much accused co-founder of The Weinstein Company could spend the rest of his life in prison. "The evidence shows that the criminal case against him is strong".

The Associated Press generally does not identify people who say they are victims of sexual assault unless they consent to being identified publicly, as Evans has.

Weinstein is free on $1 million bail.

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