Weinstein wins dismissal of criminal charge for alleged sex assault

Weinstein wins dismissal of criminal charge for alleged sex assault

Appearing in court while wearing a Global Positioning System monitor and out on a $1m (£757,000) bail, the judge agreed to throw out the charge relating to Lucia Evans, who has accused Weinstein of forcing her to perform oral sex in 2004.

Weinstein, who has denied all allegations of non-consensual sex, still faces charges over allegations he raped an unidentified woman in his hotel room in 2013 and performed a forcible sex act on a different woman in 2006. Evans claims Weinstein forced himself on her, but the witness says otherwise. They say that account differs from the one she provided to investigators.

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

"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.

"In short, your honour, we are moving full steam ahead", she said.

In a story published by The New Yorker magazine a year ago, Ms Evans alleged the assault happened during a meeting in his office when she was a 21-year-old student.

Manhattan District Attorney Cyrus Vance Jnr has already been fiercely criticised for declining to prosecute Weinstein when an Italian model accused him of grabbing her breasts in 2015.

His lawyer, Benjamin Brafman, said in court that he believes Ms Evans lied to the grand jury about what happened. On that evening, Weinstein allegedly offered to give both women cash in exchange for exposing their breasts to him. Evans claims Weinstein forced it on her.

The friend told prosecutors that Evans admitted she performed the sex act and during the conversation was "upset, embarrassed and shaking".

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The letter said the detective told the witness she had no reason to cooperate with prosecutors and "less is more".

The lead detective in the Weinstein cases is now under investigation after tampering with a witness.

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

This decision comes after Weinstein's lawyers argued that there are legal problems with the criminal case against him.

Carrie Goldberg, an attorney for Evans, spoke to reporters outside the court in lower Manhattan following the dismissal. "The NYPD will continue to assist the prosecution any way it can to ensure justice is achieved for these fearless survivors".

An attorney for Evans said she is very disappointed that the prosecution decided not to oppose the defense motion to dismiss the count.

"People always ask why don't sexual assault survivors come forward, this is why", she said. "It only speaks volumes about the Manhattan DA's office and its mishandling of my client's case".

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.

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