Weinstein in Court as Judge Mulls Future of Sex Assault Case

NY prosecutor drops part of sex assault case against Harvey Weinstein

Justice James Burke dismissed one sexual-assault count against Harvey Weinstein on Thursday.

"According to the Witness.the Complainant [Evans] told the Witness that.the Complainant had gone to the defendant'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".

"My client has sacrificed everything for her day in court to hold Harvey Weinstein responsible for sexual assault", said Evans' lawyer Carrie Goldberg.

After the hearing, the Manhattan district attorney's office released a letter it had sent to Mr Brafman last month which said that a witness had told prosecutors that she had heard a version of the alleged assault from Ms Evans that was different from the account Ms Evans had originally given prosecutors.

NY appeals courts have said prosecutors aren't obliged to present grand jurors with all forms of evidence that could favor a defendant, but the courts also have noted that prosecutors are obliged to seek justice and not just convictions. "It only speaks volumes about the Manhattan DA's office and its mishandling of my client's case".

Weinstein's legal team will have until November 16 to file further motions attacking the remaining charges against him.

Brafman said that inconsistencies in Evans' account were initially discovered by a fact checker at The New Yorker.

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

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Assistant District Attorney Joan Illuzzi-Orbon, the lead prosecutor in the case, insisted that the agreement to drop the count would have no bearing on the case's resolution. 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".

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

A message left on a phone used by the detective in the past wasn't returned. The union represented New York City police detectives also didn't immediately return a message.

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. Weinstein, 66, has pleaded not guilty and is free on $1 million bail.

"The evidence shows that the criminal case against him is strong", the statement said. 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.

Harvey Weinstein appeared without handcuffs in New York Supreme Court this morning and even flashed a faint smile, a big change from his previous sober and shackled appearances in his sexual assault trial.

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

People ask why survivors of sexual assault don't come forward in the criminal system - this is why.

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