New York Judge Drops Sexual Assault Charge Against Harvey Weinstein

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

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

"Sexual assault is a serious crime", Brafman said outside the courthouse in Lower Manhattan Thursday, "but falsely accusing someone of sexual assault is also a serious crime".

"Any assertion by lawyers for Harvey Weinstein that The New Yorker had information that contradicted Lucia Evans's account is patently incorrect".

"When one of the principal allegations in this indictment is predicated on perjured testimony that's a very big, important development", Brafman told reporters.

He walked into the criminal court in downtown Manhattan dressed in a dark suit, tie and white shirt for the brief hearing that scored at least an initial win for his defence attorney Ben Brafman.

One of the charges against Harvey Weinstein was dropped after evidence emerged that a police detective had urged a witness to keep quiet about inconsistencies in the accuser's accounts.

A letter dated September 12 that reportedly describes the Evans-Weinstein encounter as consensual will be unsealed later today by the court. Goldberg said the prosecution "jumped ship" and "ultimately she was caught between the middle of a feud between the NYPD and the DA's office".

Goldberg detailed how prosecutors used Evans for months and "put her through needless torture".

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.

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

Weinstein appeared in Manhattan Criminal Court on Thursday morning as Judge James Burke made a decision to dismiss count six of the eight-count indictment against the 66-year-old film producer.

Evans told her friend when they walked home that night that she had flashed her breasts to Weinstein in the restaurant's hallway.

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

Weinstein has been accused of misconduct by dozens of women, allegations that torpedoed his career and helped launch the #MeToo movement.

The office of Manhattan District Attorney Cyrus Vance Jr. had charged Mr. Weinstein with crimes including rape and predatory sexual assault.

Harvey Weinstein's attorney says an accuser should be criminally prosecuted for perjury following the decision to drop part of the case against him.

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. 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.

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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