Weinstein sex-assault case may fall apart

Weinstein wins dismissal of criminal charge for alleged sex assault

A judge in NY has dismissed one of the six sex assault charges against Hollywood producer Harvey Weinstein.

Weinstein appeared in Manhattan Criminal Court on Thursday morning as Judge James Burke chose to dismiss count six of the eight-count indictment against the 66-year-old film producer. The charges related to alleged incidents with three different women, in 2004, 2006 and 2013. She said she had initially met Weinstein at a restaurant in Manhattan earlier that summer.

But Evans' attorney said the decision does not "invalidate the truth of her claims".

A letter dated September 12 that reportedly describes the Evans-Weinstein encounter as consensual will be unsealed later today by the court. The judge called a hearing for December 20, when he is expected to rule on those motions, meaning the flagship trial of the #MeToo era will not see serious courtroom action until well into 2019, if indeed it does proceed to trial.

The Manhattan DA's Office ultimately said they would not oppose dismissing the count based on Evans' allegations, but would move forward with the rest of the case.

Weinstein says he is innocent.

The New York Post, never known for its restraint, blasted out a headline just before the judge dismissed the sexual assault count, wondering if the D.A.'s case is "in danger of falling apart".

Brafman said in court that he believes Evans lied to the grand jury about what happened and now wants the assistant district attorney to prosecute Evans for perjury.


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

"It only speaks volumes about the Manhattan district attorney's office and its mishandling of my client's case".

Brafman identified the detective in the case as Nicholas DiGaudio.

Weinstein had previously pleaded not guilty to the six sex crimes he's been charged with in NY, including two counts of rape.

The witness had given the different account to a NY police officer who had failed to tell prosecutors, the letter added. Vance has done this before, when powerful men have been accused of sex crimes, including Weinstein himself; throwing cooperative crime victims under the bus. The collapse of part of the case against him could mean trouble for the prosecutor. 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.

In the months after The New York Times and The New Yorker began publishing stories about Weinstein's interactions with women, activists pressured Vance to bring charges as dozens of people came forward with claims of sexual misconduct against him.

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

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