Manhattan DA drops part of sex assault case against Harvey Weinstein

Weinstein wins dismissal of criminal charge for alleged sex assault

In a shocking disclosure, the pal said that she gave the same account to the detective during the February 2 phone interview while her attorney was present - adding that she had also told him that a fact checker from the New Yorker had called to confirm Evans' assault claims. The upshot - the witness says Evans was not forced to perform oral sex.

Prosecutors in New York City abandoned part of their sexual assault case against the movie mogul Thursday.

Evans was one of the first women to come forward with allegations against Weinstein.

Sometime later, Evans told the pal that she had gone to Weinstein'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".

Evans' attorney says the decision does not "invalidate the truth of her claims". The judge did not say whether he'll do that.

Evidence has been found, according to the defense, that Evans sent several emails indicating that the sex act was consensual and the two carried on an affair for many years, WCBS 880's Marla Diamond reported.

An attorney for Weinstein has said that he plans to file motions to dismiss each of the remaining charges. "Nor does it reflect on Lucia's consistent allegation that she was sexually assaulted with force by Harvey Weinstein", said lawyer Carrie Goldberg. However, an email from Evans from 2015 suggests that the interaction was consensual. The union represented New York City police detectives also didn't immediately return a message.

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Assistant district attorney Joan Illuzzi-Orbon said the rest of the prosecution's case was strong, telling the judge: "In short, your honour, we are moving full steam ahead".

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

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.

The New York Police Department is also investigating claims that the lead detective on her case had advised Evans to keep this information that could potentially undermine her claim to herself. Their argument reportedly included concerns that accuser Lucia Evans's story didn't add up so they pushed for dismissal of the case. Dozens of other women have come forward to accuse him of sexual misconduct, but were not involved in this case.

Weinstein, who is also charged with raping a woman in 2013 and forcing an unwanted sex act on a woman in 2006, remains free on bail.

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

Weinstein is free on $1 million bail and is due back in court December 20.

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