New York City prosecutors drop part of Harvey Weinstein case

11 October, 2018, 23:43 | Author: Dominic Spencer
  • Weinstein wins dismissal of criminal charge for alleged sex assault

Weinstein's legal team argued in court papers that prosecutors hadn't properly identified the day on which Evans alleged she had been assaulted.

Prosecutor Joan Illuzzi-Orbon did not oppose the dismissal but added that this disclosure does not impact the strength of the remaining case.

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

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.

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

Judge James Burke is expected to issue rulings Thursday on defense motions assailing an indictment accusing Weinstein of rape and sexual assault. At the time, Evans was a 21-year-old college student.

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.

"We know of no evidence refuting our client's report that Harvey Weinstein forcefully sexually assaulted her", she said in a statement.

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

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".


Mr Weinstein's lawyer, Benjamin Brafman, said he would seek to have the remaining charges dismissed as well.

In a story published a year ago Wednesday, Evans told The New Yorker that Weinstein forced her to perform oral sex during a meeting at his office in 2004.

A letter dated September 12 that reportedly describes the Evans-Weinstein encounter as consensual will be unsealed later today by the court.

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

Images of Weinstein in handcuffs were seen by many women as a cathartic moment in the #MeToo reckoning.

Harvey Weinstein's attorney says an accuser should be criminally prosecuted for perjury following the decision to drop part of the case against him.

In the months after The New York Times and The New Yorker began publishing stories about Weinstein's interactions with women, activists pressured Vance to bring charges as dozens of people came forward with claims of sexual misconduct against him.

Weinstein's bond was set at $10 million and he is required to wear a GPS monitoring system and is only allowed to travel within NY state or CT.

New York Police officials poured on the pressure, too, saying publicly they believed they had gathered ample evidence to make an arrest.

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