Published: Thu, October 11, 2018
Culture&Arts | By Dora Pope

Some charges in Weinstein sex assault case dropped

Some charges in Weinstein sex assault case dropped

TMZ reports that a judge has dismissed one of the three cases of sexual assault against Harvey Weinstein, this one from an actress named Lucia Evans.

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. He has pleaded not guilty and denies all allegations of nonconsensual sex.

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.

"In short, your honor, we are moving full steam ahead", she 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.

The New York Post, never known for its restraint, blasted out a headline just before the judge dismissed the sexual assault count, wondering if the D.A.'s case is "in danger of falling apart".

Disgraced movie mogul Harvey Weinstein has one less count of sexual assault being brought against him before his trial begins. Rather, "it only speaks volumes about the Manhattan D.A.'s office and its mishandling of my client's case".

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.

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

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The upshot - the witness says Evans was not forced to perform oral sex. She said she had initially met Weinstein at a restaurant in Manhattan earlier that summer.

Evans' attorney says the decision does not "invalidate the truth of her claims".

Film producer Harvey Weinstein sits during his hearing at Manhattan Criminal Court in NY, U.S., October 11, 2018.

"I think the case against Mr Weinstein is, in my view, not sustainable", Brafman added, saying he would submit additional motions in November. Outside court, he suggested Evans should be prosecuted for perjury.

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

"We take these allegations seriously", Chief of Detectives Dermot Shea said.

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

Brafman asserted again that Weinstein has not committed any crime and said he planned to file an application with the New York Police Department asking the detective who interviewed Evans to be banned from the case.

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".

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