Judge dismisses one charge against Harvey Weinstein

Angelo Anderson
October 11, 2018

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.

Chief of Detectives Dermot Shea says an internal probe of the detective's conduct began a week ago. A message left on a phone used by the detective in the past wasn't immediately returned.

Brafman has called the charges against Weinstein a product of political pressure amid the #MeToo outcry.

Details of the potential problems with Evans' testimony were not discussed in court, but were expected to be included in court filings set to be unsealed later in the day. She first spoke out about the alleged incident to Ronan Farrow in the New Yorker last fall.

They said they could not oppose the dismissal in light of information that they had learned while investigating the case.

It says the accuser told prosecutors that the inconsistencies may have been caused by a flawed memory.

He added: "The case against Mr Weinstein is, in my view, not sustainable".

Brafman, Weinstein's lawyer, told the judge he believes Evans lied both to the grand jury and to The New Yorker about her encounter with Weinstein. "Nor does it reflect on Lucia's consistent allegation that she was sexually assaulted with force by Harvey Weinstein", she said in a written statement.

Speaking outside court later, Brafman said Evans should be criminally prosecuted for perjury, insisting it was "not about victim shaming".

"I want to be very clear that prosecutors' decision to abandon my client's claims does not invalidate the truth of her claims", Ms Goldberg said.


The New York City Police Department said in a statement it "remains fully confident in the overall case it has pursued against Mr. Weinstein".

Evans has accused Weinstein of forcing her to perform oral sex on him in 2004.

A source familiar with the investigation told CNN at the time that the criminal sex act charge was from a case involving aspiring actress Lucia Evans, who alleged Weinstein forced her to perform oral sex on him in his Tribeca office in 2004.

Weinstein says he is innocent.

The woman also told the detective that sometime after Evans' office meeting with Weinstein, she had suggested what happened was consensual.

The count stems from charges brought forth against the disgraced movie producer in May and July by the Manhattan District Attorney's Office.

A judge agreed to dismiss allegations by one of three accusers in the case, Lucia Evans. "I'm not certain he [the judge] will have any choice but to dismiss the entire indictment against Harvey Weinstein".

"Sexual assault is a serious crime but falsely accusing someone of sexual assault is also a serious crime", Brafman said outside court on Thursday.

Weinstein and the woman, whose name has not been released, exchanged 400 emails during the "weeks and years after the alleged rape", the papers state.

Harvey Weinstein appeared without handcuffs in New York Supreme Court this morning and even flashed a faint smile, a big change from his previous sober and shackled appearances in his sexual assault trial.

Other reports by Iphone Fresh

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