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

Calvin Saunders
October 12, 2018

A NY judge on Thursday dismissed one charge against Harvey Weinstein, but left the disgraced Hollywood titan facing five other charges in connection with alleged sexual assault.

"The people can not oppose the defense request for the dismissal of that single count", Illuzzi said.

"We know of no evidence refuting our client's report that Harvey Weinstein forcefully sexually assaulted her", she said in a statement. Later that evening, as they walked home, Evans allegedly told the witness that she had shown her breasts to Weinstein.

The witness reportedly told this to an NYPD detective a year ago. The 66-year-old former movie mogul, who has denied all allegations of non-consensual sex, still faces charges over allegations that he raped an unidentified woman in his hotel room in 2013 and performed a forcible sex act on a different woman in 2006.

Mr Brafman also said he would investigate what he said had been "perjury" before the grand jury which indicted Mr Weinstein, as well as the conduct of a NY police officer who had worked on the case.

His lawyer, Benjamin Brafman, said in court that he believes Evans lied to the grand jury about what happened. That came after the Manhattan D.A.'s office slapped him with additional and more damning sex crime charges on July 2. Outside court, he suggested Evans should be prosecuted for perjury.

There was no immediate response from the New York Police Department.

A lawyer for Evans said she was disappointed by the decision to "abandon" her.

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About six months later, prosecutors interviewed the pal, who said that she was with Evans at a Manhattan bar in the summer of 2004 when Weinstein offered the women "cash if they exposed their breasts to him".

Out on $1 million bail after having entered a not-guilty plea to the first round of indictment and surrendering his passport earlier this year, Weinstein was last in court July 9 to enter another not-guilty plea.

Prosecutors said in a letter unsealed Thursday that they learned weeks ago that a female friend who was with Evans the night she met Weinstein had given a police detective a contradictory account of what happened.

"The integrity of these proceedings has been compromised", Mr Brafman said.

It says the accuser told prosecutors that the inconsistencies may have been caused by a flawed memory. The lawyer, Carrie Goldberg, added "People always ask why don't sexual assault survivors come forward, this is why". Five other charges, involving alleged assaults of two other women, remain in the case in Manhattan criminal court. The upshot - the witness says Evans was not forced to perform oral sex.

Judge James Burke is expected to issue rulings Thursday on defense motions assailing an indictment accusing Weinstein of rape and sexual assault.

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

Other reports by MaliBehiribAe

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