NY prosecutor drops part of sex assault case against Harvey Weinstein

A NY judge on Thursday dismissed one of the six criminal charges against movie producer Harvey Weinstein after prosecutors said they could not oppose the dismissal in light of information they had learned while investigating the case. The prosecution assured they are "moving full-steam ahead" on all other counts.

The detective allegedly hid information about the witness in dealing with prosecutors and allegedly cajoled the witness into not disclosing what she knew.

While more than 75 women have publicly accused Weinstein of sexual misconduct over the past year, the criminal case in New York City involves the allegations of just three women: Evans, an unidentified woman who says he raped her in a hotel room in 2013, and an actress who said Weinstein performed a forcible sex act on her in 2006.

Defence attorney Ben Brafman called today's proceedings a "positive development" and accused prosecutors of withholding evidence that could have swayed the grand jury not to indict Weinstein in regards to the Evans accusations.

Details emerged after the court unsealed a letter that Manhattan prosecutors wrote to Weinstein's lawyer, Benjamin Brafman, in September.

Why was the charge dropped?

The union representing New York City police detectives also didn't return a message.

About six months later, prosecutors interviewed the pal, who said that she was with Evans at a Manhattan bar in the summer of 2004 when Weinstein offered the women "cash if they exposed their breasts to him".

Five charges involving alleged sex assaults on two women remain.

According to the witness, who was not named in the court filing, Evans had been drinking and "appeared to be upset, embarrassed and shaking" when she told the story.

"I want to be very clear that prosecutors' decision to abandon my client's claims does not invalidate the truth of her claims", Ms Goldberg said. Weinstein, 66, has pleaded not guilty and is free on $1 million bail. "The evidence shows that the criminal case against him is strong".

Weinstein's lawyer Brafman told the judge he believed Evans had lied to the grand jury and said he believed a police detective had attempted to influence the case by keeping a witness from testifying about her misstatements. Weinstein had promised to get her an acting job if she agreed to perform oral sex, and she agreed, it said. "Nor does it reflect on Lucia's consistent allegation that she was sexually assaulted with force by Harvey Weinstein", said lawyer Carrie Goldberg.

He is now free on $ 1 million bail.

The movie mogul's fabled career imploded after he was hit by a tidal wave of lurid allegations relating to the rape and sexual of a large number of women. "There is a rush to arrest, there is pressure to arrest, and what we see is that happened in this case".

  • Marlene Weaver