Harvey Weinstein wins dismissal of one criminal charge

12 October, 2018, 01:46 | Author: Donna Miller
  • Weinstein wins dismissal of criminal charge for alleged sex assault

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. However, an email from Evans from 2015 suggests that the interaction was consensual.

"We know of no evidence refuting our client's report that Harvey Weinstein forcefully sexually assaulted her", she said in a statement. He also said he believed a police detective had corruptly attempted to influence the case by keeping a witness from testifying about her misstatements.

"It only speaks volumes about the Manhattan district attorney's office and its mishandling of my client's case".

"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".

In a story published by The New Yorker magazine a year ago, Ms Evans alleged the assault happened during a meeting in his office when she was a 21-year-old student.

Manhattan's district attorney has chose to drop part of the criminal case against Harvey Weinstein.

About six months later, prosecutors interviewed the pal, who said that she was with Evans at a Manhattan bar in the summer of 2004 when Weinstein offered the women "cash if they exposed their breasts to him".

Weinstein, who is also charged with raping a woman in 2013 and forcing an unwanted sex act on a woman in 2006, remains free on bail. Brafman accused Evans of perjury, stating that she once described her encounter with Weinstein as consensual to a witness, who recounted the story to NYPD previous year.

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The NYPD has said it stands by the criminal case against Weinstein but has not directly addressed the alleged conduct of the investigator.

Weinstein's lawyer Ben Brafman says the dismissal is not to discredit the me too movement, while Carrie Goldberg, Evans' lawyer says this is just the beginning.

Further, the friend and her attorney told the DA that DiGaudio said, "going forward, 'less is more;' and that the Witness had no obligation to cooperate".

"The integrity of these proceedings has been compromised", he claimed. "But when a movement pushes prosecutors to arrest people who have not committed a crime and charges them with those crimes, then it is a risky movement", Brafman said.

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

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 union represented New York City police detectives also didn't immediately return a message.

Images of Weinstein in handcuffs were seen by many women as a cathartic moment in the MeToo reckoning. "The evidence shows that the criminal case against him is strong".

The disgraced movie mogul was accused in Manhattan state court of allegedly nonconsensual sexual behavior toward three women. 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.

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