NY prosecutor drops part of sex assault case against Harvey Weinstein
Oct 12 2018
The Latest on the Manhattan district attorney's decision to drop some charges against Harvey Weinstein.
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.
Manhattan's District Attorney on Thursday morning dropped part of the sexual assault case brought against Harvey Weinstein. "Victims are now becoming warriors and this is just the beginning", Goldberg said. Judge James Burke dismissed one of the six counts against him after the Manhattan D.A. agreed to drop it, and also pushed a key ruling to December, giving the defense more time to fight the charges.
Manhattan's district attorney has chose to drop part of the criminal case against Harvey Weinstein. The union represented New York City police detectives also didn't immediately return a message.
The judge said the case involving then-actress Lucia Evans was dismissed. this after prosecutors jumped the gun and asked the judge to 86 the charge of sexual assault.
The letter said the detective told the witness she had no reason to cooperate with prosecutors and "less is more". "According to the Witness, the Complainant told her that she thereupon performed oral sex on the defendant".
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.
Predicting the judge may throw out all of the allegations, Weinstein's lawyer Ben Brafman told reporters: "This is obviously a very positive development".
"The integrity of these proceedings has been compromised", he said. "Nor does it reflect on Lucia's consistent allegation that she was sexually assaulted with force by Harvey Weinstein", said attorney Carrie Goldberg.
This decision comes after Weinstein's lawyers argued that there are legal problems with the criminal case against him. He has denied all allegations of non-consensual sex.
Weinstein says he is innocent.
In another blow to the case, prosecutors obtained a 2015 draft email that Evans wrote to her husband, who was then her fiancé, in which she recounted the encounter with Weinstein.
Brafman said the written account from Evans was discovered from a fact-checker at The New Yorker, and that he would subpoena the magazine.
Those follow-on charges marked an additional count of criminal sexual act for a forcible sexual act that allegedly occurred in 2006.
"The account describes details of the sexual assault that differs from the account the Complainant has provided to our office", the letter states.
US-based tabloid website TMZ reported last week that a casting director claimed Evans once told her she performed oral sex on Weinstein to gain an acting role.