Harvey Weinstein due in court as judge mulls motion to dismiss case

12 October, 2018, 01:45 | Author: Irvin Gilbert
  • Weinstein wins dismissal of criminal charge for alleged sex assault

An attorney for Weinstein has said that he plans to file motions to dismiss each of the remaining charges. Outside court, he suggested that Evans should be prosecuted criminally for perjury. The prosecution assured they are "moving full-steam ahead" on all other counts. He also said he believed a police detective corruptly tried to influence the case by keeping a witness from testifying about her misstatements. Rather, "it only speaks volumes about the Manhattan D.A.'s office and its mishandling of my client's case". Evans claimed that Weinstein promised an acting role if she gave him oral sex. The detective is accused of hiding information about the witness and getting the witness to stay quiet about what she was allegedly told.

Weinstein's lawyers and prosecutors had been wrangling over the part of the indictment pertaining to Evans' allegations over the last few weeks in closed-door meetings and sealed court papers.

A source familiar with the investigation told CNN at the time that the criminal sex act charge was from a case involving aspiring actress Lucia Evans, who alleged Weinstein forced her to perform oral sex on him in his Tribeca office in 2004.

Evans denied her friend's account and insisted that she was forced to perform oral sex on Weinstein, the court filing says.

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

"This is obviously a very positive development", Weinstein's defense lawyer, Ben Brafman, told reporters outside the court.

The witness had given the different account to a NY police officer who had failed to tell prosecutors, the letter added.

In a shocking disclosure, the pal said that she gave the same account to the detective during the February 2 phone interview while her attorney was present - adding that she had also told him that a fact checker from the New Yorker had called to confirm Evans' assault claims.

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

"I think this grand jury is irreparably damaged".

The third accuser in the case is Mimi Haleyi, a former production assistant that claims he sexually assaulted her in 2006. A message left on a phone used by the detective in the past wasn't immediately returned.

There was no immediate response from the New York Police Department.

More than 75 women have publicly accused Weinstein of wrongdoing.

The collapse of part of the case against him could mean trouble for the prosecutor. 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.

He is now free on $ 1 million bail. "There is a rush to arrest, there is pressure to arrest, and what we see is that happened in this case".

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