Oct 11, 2018, 11:25 AM ET

Prosecutors drop sex assault charge against Harvey Weinstein after contradictions arise in accuser Lucia Evans’ account

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The criminal case against disgraced film producer Harvey Weinstein sustained a blow Thursday when prosecutors with the Manhattan District Attorney’s office dropped one of the charges against him.

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Prosecutor Joan Illuzzi-Orbon told the court she would drop count six of the indictment, which involves Lucia Evans, an actress who accused Weinstein of forcing her to perform oral sex on him in 2004.

Evans’ lawyer blasted the move, saying in a statement that the DA’s office made the decision to “abandon” her client.

"Let me be clear: the decision to throw away my client's sexual assault charges says nothing about Weinstein's guilt or innocence. Nor does it reflect on Lucia's consistent allegation that she was sexually assaulted with force by Harvey Weinstein," said attorney Carrie Goldberg. "It only speaks volumes about the Manhattan DA's office and its mishandling of my client's case."

PHOTO: Film producer Harvey Weinstein sits during his hearing at Manhattan Criminal Court in N.Y., Oct. 11, 2018. Steven Hirsch /Pool via Reuters
Film producer Harvey Weinstein sits during his hearing at Manhattan Criminal Court in N.Y., Oct. 11, 2018.

Prosecutors said in a Sept. 12 letter to the defense unsealed today that they discovered an account after Weinstein's arrest that could suggest the encounter was consensual.

"According to the Witness...the Complainant [Evans] told the Witness that...the Complainant had gone to the defendant's office, where the Defendant told her, in substance, that he would arrange for the Complainant to receive an acting job if she agreed to perform oral sex upon him. According to the Witness, the Complainant told her that she thereupon performed oral sex on the defendant." The letter goes on to say that during this discussion Evans "appeared to be upset, embarrassed and shaking."

Weinstein defense attorney Benjamin Brafman accused Evans of committing perjury when she testified to the grand jury.

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

Brafman said prosecutors discovered Evans’ written account about her encounter with Weinstein from a fact-checker with The New Yorker, and said he would subpoena the magazine.

PHOTO: Former movie producer Harvey Weinstein arrives to State Supreme Court for a hearing in his sexual assault case in N.Y., Oct. 11, 2018.Justin Lane EPA via Shutterstock
Former movie producer Harvey Weinstein arrives to State Supreme Court for a hearing in his sexual assault case in N.Y., Oct. 11, 2018.

“When you do your homework after the arrest bad things happen,” Brafman said.

In a statement, a spokesperson for The New Yorker said that the magazine stands by their reporting and fact-checking process, adding that "Any assertion by lawyers for Harvey Weinstein that The New Yorker had information that contradicted Lucia Evans’s account is patently incorrect."

Weinstein’s defense team called the case “permanently and irreparably damaged” and Brafman said he would use the development to dismiss the whole case.

Prosecutor Joan Illuzzi-Orbon, however, said the rest of the case is “full steam ahead.”

“Nothing in the disclosure relating to count six impacts the strength of the remaining case and the remaining counts in the indictment, all five of them, including predatory sexual assault,” she said.

Evans is one of three women whose allegations form the backbone of the criminal case.

PHOTO: Harvey Weinstein arrives at the New York State Supreme Court, Oct. 11, 2018 in N.Y.Stephanie Keith/Getty Images
Harvey Weinstein arrives at the New York State Supreme Court, Oct. 11, 2018 in N.Y.

The defense said it would also subpoena police interview records after claiming an NYPD detective “may have unfairly tainted these proceedings” when he prepared Evans for her testimony.

PHOTO: Film producer Harvey Weinstein arrives at Manhattan Criminal Court for his hearing in N.Y., Oct. 11, 2018.Steven Hirsch/Pool via Reuters
Film producer Harvey Weinstein arrives at Manhattan Criminal Court for his hearing in N.Y., Oct. 11, 2018.

The detective has been removed from the case, Brafman said.

The NYPD has said it stands by the criminal case against Weinstein but has not directly addressed the alleged conduct of the investigator.

Weinstein has pleaded not guilty and denied all allegations of rape and sexual assault that have been made against him both in court and in the media.

He is due back in court on Dec. 20.

News - Prosecutors drop sex assault charge against Harvey Weinstein after contradictions arise in accuser Lucia Evans’ account

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  • ᚾ in fine fettle

    Sexual assault is a felony. A felony is defined as a serious crime. Is Brafman lying when he also depicts false accusations of sexual assault as a felony, or is it true in that state? I believe that he is lying about that. In addition to that distortion there is the fact that failure to prove someone guilty beyond the shadow of a doubt, or failing to establish enough presumption to try a case, are both totally unconnected with the concept of "false accusations."

  • Tegbessou Géléhéso

    Guy looks like a toad, I can't see him winning women over with his striking good looks and alluring personality.... I believe the women.

  • Native Trout

    Article starts "The criminal case against disgraced film producer Harvey Weinstein sustained a blow Thursday"

    Really? could you do a better job of teeing that one up for us to hit out of the park. I wasn't looking for it, but all of a sudden, there it was right in my face. oops.

  • Aaron

    Let him get his day in court then off with him. Some prison to live the rest of his miserable life.

    Guys like this don't do well in jail. The punishment will fit the crimes.