Prosecutors Drop Charge Against Harvey Weinstein From 1 of 3 Accusers

11 October, 2018, 23:45 | Author: Cecil Buchanan
  • Weinstein wins dismissal of criminal charge for alleged sex assault

Goldberg said the prosecution "jumped ship" and "ultimately she was caught between the middle of a feud between the NYPD and the DA's office".

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

Prosecutor confronted the detective, who admitted he'd failed to turn over the damning details, but denied discouraging the witness from cooperating.

"I want to be very clear that prosecutor's decision to abandon my client's claims does not invalidate the truth of her claims", Carrie Goldberg, a lawyer for Evans, told reporters outside the courthouse following Thursday's hearing.

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.

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

"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.

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.

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She says Weinstein forced her into oral sex in 2004.

The witness had given the different account to a NY police officer who had failed to tell prosecutors, the letter added.

The basis for the motion filed by Ben Brafman said prosecutors withheld evidence when presenting the case to the grand jury, such as friendly emails that one of Weinstein accusers sent to him. Outside court, he suggested that Evans should be prosecuted criminally for perjury.

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.

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

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".

Images of Weinstein in handcuffs were seen by many women as a cathartic moment in the #MeToo reckoning. "The evidence shows that the criminal case against him is strong". At the time, Vance cited a lack of supporting evidence, despite the existence of a clandestinely made recording of Weinstein discussing the episode with the woman. He has pleaded not guilty and is free on US$1 million bail.

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

The Associated Press does not identify alleged victims of sexual assaults unless they come forward publicly, as Evans has done.

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