Published: Thu, October 11, 2018
Life&Culture | By Sue Mclaughlin

New York prosecutor drops part of sex assault case against Harvey Weinstein

New York prosecutor drops part of sex assault case against Harvey Weinstein

The defense said it would also subpoena police interview records after claiming an NYPD detective "may have unfairly tainted these proceedings" when he prepared Evans for her testimony.

The Sept. 12 letter from Assistant District Attorney Joan Illuzzi-Orbon to defense lawyer Ben Brafman was filed under a protective order, which Justice James Burke lifted Thursday.

A message left on a phone used by the detective in the past wasn't returned.

Weinstein appeared in court overnight (AEDT).

Weinstein's lawyer, Benjamin Brafman, told the judge he believes Evans lied both to the grand jury and to The New Yorker about her encounter with Weinstein. At the time, she was a 21-year-old student and aspiring actress.

TMZ broke the story. the lead detective in the Weinstein cases is under investigation after allegedly tampering with a witness who claimed Evans admitted to her she voluntarily engaged in oral sex to score an acting role.

Former movie producer Harvey Weinstein arrives to State Supreme Court for a hearing in his sexual assault case in N.Y., October 11, 2018. Evans has denied the account, according to a D.A.'s letter, asserting that she never exposed her breasts to Weinstein or gave him oral sex.

Prosecutors said the police detective didn't share any of that information with prosecutors and urged the woman not to reveal details, saying "less is more", and that she had no obligation to co-operate with investigators.

Carrie Goldberg, an attorney for Evans, spoke to reporters outside the court in lower Manhattan following the dismissal.

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The development was announced in court with Weinstein looking on.

Weinstein's lawyers and prosecutors had been wrangling over the part of the indictment pertaining to Evans in recent weeks in closed-door meetings and sealed court papers.

Harvey Weinstein (C) arrives at Manhattan Criminal Court for a hearing on October 11, 2018 in New York City.

Weinstein is also charged with raping a woman in 2013 and forcing an unwanted sex act on a woman in 2006.

Images of Weinstein in handcuffs were seen by many women as a cathartic moment in the #MeToo reckoning.

The collapse of part of the case against him could mean trouble for the prosecutor.

Vance has already been fiercely criticized for declining to prosecute Weinstein when an Italian model accused him of grabbing her breasts in 2015. Days later, The New Yorker published the first in a series of articles in which women brought forth allegations of rape, sexual assault, and sexual harassment against the film executive.

The Associated Press generally does not identify people who say they are victims of sexual assault unless they consent to being identified publicly, as Evans has.

The 66-year-old father of five, out on a $1 million bail and forced to wear a Global Positioning System monitor, attended the latest court hearing and denies any non-consensual sexual relations.

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