Wednesday, 12 December, 2018

NY judge dismisses major charge in Weinstein criminal case

Weinstein wins dismissal of criminal charge for alleged sex assault Harvey Weinstein Gets A Big Win As NY Judge Dismisses One Count And Gives Defense More Time To Fight
Julia Gonzales | 11 October, 2018, 23:43

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.

Interested in Harvey Weinstein?

The Latest on the Manhattan district attorney's decision to drop some charges against Harvey Weinstein.

Brafman, Weinstein's lawyer, told the judge he believes Evans lied both to the grand jury and to The New Yorker about her encounter with Weinstein.

A letter dated September 12 that reportedly describes the Evans-Weinstein encounter as consensual will be unsealed later today by the court. Weinstein had promised to get her an acting job if she agreed to perform oral sex and she agreed. The witness reportedly told this to an NYPD detective previous year. The letter goes on to say that during this discussion Evans "appeared to be upset, embarrassed and shaking".

Speaking outside court later, Brafman said Evans should be criminally prosecuted for perjury, insisting it was "not about victim shaming".

Prosecutors said actress Lucia Evans had given a witness a different version of the alleged sex assault from the one she had given them.

"The integrity of these proceedings has been compromised", he said. They said they could not oppose the dismissal in light of information that they had learned while investigating the case.

Roberts refers complaints about Kavanaugh to federal judges in Colorado
Each federal court has a so-called "judicial council" to investigate conduct complaints and make disciplinary recommendations. The move by Roberts is significant because he didn't dismiss the complaints.

Prosecutor Joan Illuzzi-Orbon, however, said the rest of the case is "full steam ahead".

Four other charges remain in the case against Weinstein before the Manhattan Criminal Court.

The judge agreed to dismiss allegations by one of three accusers in the case, Lucia Evans against the 66-year-old.

In a statement, a lawyer for Evans said that she was disappointed by the district attorney's decision to "abandon" her client. Later that evening, as they walked home, Evans allegedly told the witness that she had shown her breasts to Weinstein. "It only speaks volumes about the Manhattan DA's office and its mishandling of my client's case".

She said it does not "invalidate the truth of her claims". The judge called a hearing for December 20, when he is expected to rule on those motions, meaning the flagship trial of the #MeToo era will not see serious courtroom action until well into 2019, if indeed it does proceed to trial.

Weinstein's lawyer Benjamin Brafman maintained the jettisoned count is a sign the entire case is built on a weak foundation, one he and the legal team intend to spend the next several weeks undermining.

Manhattan's district attorney dropped part of the criminal case against Weinstein on Thursday.

In the months after The New York Times and The New Yorker began publishing stories about Weinstein's alleged interactions with women, activists pressured Vance to bring charges as dozens of people came forward with claims of sexual misconduct against him.

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