Friday, 14 December, 2018

Judge dismisses one charge against Harvey Weinstein

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
Guillermo Jimenez | 11 October, 2018, 20:28

NY prosecutors have dropped one of the sex crime charges against disgraced movie producer Harvey Weinstein, according to news agencies.

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.

Evans is one of three women whose allegations form the backbone of the criminal case.

Ms Evans has told USA media that Mr Weinstein forced her to perform oral sex on him in 2004.

Weinstein, who has denied all allegations of non-consensual sex, still faces charges over allegations that he raped an unidentified woman in his hotel room in 2013 and performed a forcible sex act on a different woman in 2006.

"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.

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Weinstein's defense team called the case "permanently and irreparably damaged" and Brafman said he would use the development to dismiss the whole case.

"Nothing in the disclosure relating to count six impacts the strength of the remaining case and the remaining counts in the indictment, all five of them, including predatory sexual assault", she said.

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

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

Manhattan District Attorney Cyrus R. Vance Jr. has already been fiercely criticized for declining to prosecute Weinstein when an Italian model accused him of grabbing her breasts in 2015.

Speaking outside court later, Brafman said Evans should be criminally prosecuted for perjury, insisting it was "not about victim shaming". Rather, "it only speaks volumes about the Manhattan D.A.'s office and its mishandling of my client's case".

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"I think this grand jury is irreparably damaged".

The detective has been removed from the case, Brafman said. The union represented New York City police detectives also didn't immediately return a message. He has pleaded not guilty and is free on US$1 million bail.

Weinstein has been accused of misconduct by dozens of women, allegations that torpedoed his career and helped launch the #MeToo movement.

Manhattan prosecutors ultimately decided not to drop Evans from the case despite some internal opposition. 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.

In a statement, a spokesperson for The New Yorker said that the magazine stands by their reporting and fact-checking process, adding that "Any assertion by lawyers for Harvey Weinstein that The New Yorker had information that contradicted Lucia Evans's account is patently incorrect".

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

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"People always ask why don't sexual assault survivors come forward, this is why".

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