Harvey Weinstein: Part of sexual assault case against Hollywood producer dropped

Brunilde Fioravanti
Ottobre 11, 2018

According to The Daily Beast, on Thursday morning, a judge "dismissed one of six criminal counts brought against the disgraced movie mogul by the Manhattan District Attorney's Office".

Weinstein's legal team will have until November 16 to file further motions attacking the remaining charges against him.

A message left on a phone used by the detective in the past wasn't returned.

The revelation of numerous allegations about Weinstein, beyond the three women involved in the criminal case, helped spark the #MeToo movement against sexual harassment and sexual assault.

Assistant District Attorney Joan Illuzzi-Orbon told the judge that prosecutors wouldn't oppose dismissal of the count in the case involving Evans. The letter goes on to say that during this discussion Evans "appeared to be upset, embarrassed and shaking".

It says the accuser told prosecutors that the inconsistencies may have been caused by a flawed memory.

Weinstein's lawyer, Ben Brafman, asked the judge to review all of the detective's work on the case.

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

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

Evans' lawyer, Carrie Goldberg, insisted the case was strong.

The attorney said her client will continue her fight in other venues.

Harvey Weinstein (C) arrives at Manhattan Criminal Court for a hearing on October 11, 2018 in New York City.

Evans was a 21-year-old college student in 2004 when she claims the former American film producer forced her to perform oral sex when the met alone in his office.

Weinstein, who has denied all allegations of non-consensual sex, still faces charges over allegations he raped an unidentified woman in his hotel room in 2013 and performed a forcible sex act on a different woman in 2006.

An attorney for Evans told the Associated Press the dropping of the count "says nothing about Weinstein's guilt or innocence".

Goldberg said the decision "only speaks volumes about the Manhattan DA's office and its mishandling of my client's case".

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

"I'm not certain he will have any choice but to dismiss the entire indictment against Harvey Weinstein", Brafman said.

"Sexual assault is a serious crime", Brafman said outside the courthouse in Lower Manhattan Thursday, "but falsely accusing someone of sexual assault is also a serious crime".

The hearing comes a year and a day after The New Yorker first published allegations by one accuser in the case, Lucia Evans.

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

Weinstein's lawyers and prosecutors had been wrangling over the part of the indictment pertaining to Evans' allegations over the last few weeks in closed-door meetings and sealed court papers.

Prosecutors said the police detective didn't share any of that information with prosecutors and urged the woman not to reveal details, saying "less is more", and that she had no obligation to cooperate with investigators.

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