Weinstein wins dismissal of criminal charge for alleged sex assault

Harvey Weinstein arrives at the New York State Supreme Court on Oct. 11 2018 in New York City

The development was announced in court Thursday with Weinstein looking on.

Assistant District Attorney Joan Illuzzi-Orbon told the judge that prosecutors wouldn't oppose dismissal of the count in the case involving Evans.

The revelation of numerous allegations about Weinstein, beyond the three women involved in the criminal case, helped spark the #MeToo movement against sexual harassment and sexual assault.

"In short, your honour, we are moving full steam ahead", she said.

The basis for the motion filed by Ben Brafman said prosecutors withheld evidence when presenting the case to the grand jury, such as friendly emails that one of Weinstein accusers sent to him.

The New York Police Department says it is investigating allegations that a detective improperly coached a witness during the Harvey Weinstein investigation.

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

"Sexual assault is a serious crime but falsely accusing someone of sexual assault is also a serious crime", Brafman said outside court on Thursday.

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

In a story published a year ago Wednesday, Evans told The New Yorker that Weinstein forced her to perform oral sex during a meeting at his office in 2004.

Some media outlets reported that there were problems with witness interviews done by one of the lead police detectives handling the investigation. Evans claims Weinstein forced it on her.

Ms Evans's lawyer, Carrie Goldberg, said her client's account of events had been accurate.

It reportedly comes after the district attorney's office discovered a previous written account by Evans which could suggest that her sexual encounter with Weinstein was consensual.

Former movie producer Harvey Weinstein arrives to State Supreme Court for a hearing in his sexual assault case in N.Y., October 11, 2018. "It only speaks volumes about the Manhattan DA's office and its mishandling of my client's case".

The 66-year-old father of five, out on a $1 million bail and forced to wear a Global Positioning System monitor, has long pleaded not guilty to six counts allegedly committed against three women in 2004, 2006 and 2013.

Weinstein's bond was set at $10 million and he is required to wear a GPS monitoring system and is only allowed to travel within NY state or CT.

Harvey Weinstein's attorney says an accuser should be criminally prosecuted for perjury following the decision to drop part of the case against him. She said she had initially met Weinstein at a restaurant in Manhattan earlier that summer. 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.

Weinstein has denied having non-consensual sex with anyone following accusations by more than 70 women, mostly young actresses and other women employed in the movie business, of sexual misconduct, including rape, dating back decades.

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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