Judge Dismisses Sexual Assault Count Against Harvey Weinstein

Brenda Watkins
October 11, 2018

One of the six counts that now-disgraced movie mogul Harvey Weinstein is facing has been dropped by the Manhattan district attorney after new evidence emerged that cast doubt on one of the three women accusing him of sexual assault.

Evans is one of three women whose allegations form the backbone of the criminal case.

Ms Evans has told United States media that Mr Weinstein forced her to perform oral sex on him in 2004.

His lawyer told reporters that Thursday's developments are not an attack on the #Metoo Movement, adding, "If a movement is used to help level the playing field for women, that is good, but if the movement is used to pressure prosecutors to proceed with the filing of false criminal charges against a defendant, that often results in a miscarriage of justice".

The woman, prosecutors said, told the detective in February that Weinstein had offered them money to flash their breasts during the restaurant encounter.

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

The friend told prosecutors that Evans admitted she performed the sex act and during the conversation was "upset, embarrassed and shaking".

The letter also said prosecutors had recently obtained an email that Evans wrote in 2015 to the man she later married.

There are still five criminal charges against the embattled producer involving two other women. "We are moving full steam ahead".

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It reportedly comes after the district attorney's office discovered a previous written account by Evans which could suggest that her sexual encounter with Weinstein was consensual. "Nor does it reflect on Lucia's consistent allegation that she was sexually assaulted with force by Harvey Weinstein", said attorney Carrie Goldberg. "It only speaks volumes about the Manhattan DA's office and its mishandling of my client's case".

She insisted Evans has told the truth and disputed that she either showed Weinstein her breasts or misled investigators.

The fall of Weinstein began nearly exactly one year ago, when an article by The New York Times reported allegations that Weinstein had sexually harassed multiple women and paid them for their silence.

"When you do your homework after the arrest bad things happen", Brafman said.

Weinstein's lawyers and prosecutors had been wrangling over the part of the indictment pertaining to Evans in recent weeks in closed-door meetings and sealed court papers. "This is about a witness who came forward and committed perjury before a grand jury".

Brafman identified the detective in the case as Nicholas DiGaudio.

The lead detective in the Weinstein cases is now under investigation after tampering with a witness.

The 66-year-old father of five, out on a $1 million bail and forced to wear a Global Positioning System monitor, attended the latest court hearing and denies any non-consensual sexual relations.

If found guilty, the much accused co-founder of The Weinstein Company could spend the rest of his life in prison.

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