WEATHER AUTHORITY : Heat Advisory View Alerts

Judge dismisses one count in Harvey Weinstein's criminal case

A New York judge dismissed count six of Harvey Weinstein's criminal indictment Thursday, which was a crimina...

Posted: Oct 12, 2018 9:39 AM
Updated: Oct 12, 2018 9:39 AM

A New York judge dismissed count six of Harvey Weinstein's criminal indictment Thursday, which was a criminal sexual act in the first degree.

The count stems from charges brought forth against the disgraced movie producer in May and July by the Manhattan District Attorney's Office.

Business figures

Harvey Weinstein

Crime, law enforcement and corrections

Criminal law

Law and legal system

Crimes against persons

Criminal offenses

Sex crimes

Sexual assault

Sexual misconduct

Society

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. She first spoke out about the alleged incident to Ronan Farrow in the New Yorker last fall.

The reason that count was dropped today was due, in part, to a newly unsealed letter that prosecutor Joan Illuzzi-Orbon sent to defense counsel Benjamin Brafman in September.

It cites alleged inconsistencies in Evans' story.

Although the letter does not specifically name Evans, Brafman named her in court, and her attorney, Carrie Goldberg, spoke to reporters after the hearing ended. Goldberg said that the decision "does not invalidate the truth of her (client's) claims."

According to the letter, when Evans first met Weinstein at a restaurant in the summer of 2004, she says she was accompanied by a friend. That friend was interviewed by detective Nicholas DiGaudio in February of 2018.

The friend allegedly said during that interview that Evans told her she had engaged in consensual contact with Weinstein: oral sex in exchange for a job.

The friend also told the detective she was contacted by The New Yorker and only told them "something inappropriate happened."

According to the letter, Detective DiGaudio responded to the friend's claims by saying that, going forward, "less is more," and that the witness had no obligation to cooperate. He never went back to the DA with this information.

Evans' friend subsequently contacted the district attorney's office in August of 2018, after Weinstein was indicted, to reiterate that Evans had told her she willingly engaged with Weinstein.

Evans was again interviewed by the district attorney's office in August 2018. She stated she "never consented to any form of sex with the defendant," contradicting her friend's account.

The District Attorney's office additionally states in the letter that they interviewed Detective DiGaudio concerning the inconsistencies. He acknowledged speaking by phone with the friend and her attorney, along with failing to inform the DA's office of the important details of that discussion. DiGaudio also denied telling the friend she did not have to come forward and that "less is more."

The DA says they obtained a draft email from Evans to her now-husband recounting the incident with Weinstein. According to the letter, that account differs from what she told the DA. Evans says the inconsistencies come from her flawed memory, and that she never disclosed the details of the sexual assault to her husband.

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."

Related: Harvey Weinstein is charged with rape and sex abuse in cases involving 2 women

Goldberg added that despite District Attorney Cy Vance not opposing the motion to dismiss the charge against Weinstein, her client's claims remain and this "does speak to a system desperate in need of reform."

"People always ask why don't sexual assault survivors come forward, this is why. Today is why," Goldberg said. Goldberg detailed how prosecutors used Evans for months and "put her through needless torture."

The attorney said her client will continue her fight in other venues.

"Victims are becoming warriors and this is just the beginning," she added.

Weinstein had previously pleaded not guilty to the six sex crimes he's been charged with in New York, including two counts of rape. The charges are based on claims from three accusers.

Benjamin Brafman, Weinstein's attorney, has filed a motion to dismiss the case and told reporters Thursday that he intends to refile that motion for the five remaining charges.

"What troubles me is that when you are vilified in the media, as has Mr. Weinstein, there is a rush to judgment, which is offensive to the concept of fairness and due process," Brafman said. "There is a rush to arrest, there is pressure to arrest, and what we see is that happened in this case."

Prosecutor Joan Illuzzi-Orbon told reporters she remains confident in the case against Weinstein.

"Nothing in this disclosure of count six impacts the strength of the case," Illuzzi-Orbontold said. "We are moving full steam ahead."

The next hearing in the case is scheduled for December 20.

Mississippi Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 34622

Reported Deaths: 1215
CountyConfirmedDeaths
Hinds269748
DeSoto181818
Madison138236
Jones117349
Harrison104014
Rankin103515
Neshoba102274
Lauderdale94281
Forrest93943
Scott79215
Jackson72717
Washington64310
Copiah63115
Leake61320
Lee58621
Holmes57341
Oktibbeha56828
Wayne55416
Warren55320
Yazoo5436
Grenada5357
Lowndes52613
Leflore52256
Lincoln50935
Lamar5027
Pike47020
Sunflower4528
Lafayette4374
Monroe43635
Covington4195
Panola3996
Bolivar38018
Attala37524
Simpson3733
Newton35710
Adams34019
Pontotoc3266
Tate32313
Marion31312
Claiborne29310
Chickasaw29219
Winston28711
Pearl River27632
Noxubee2758
Marshall2693
Jasper2676
Clay25511
Union23811
Smith23412
Walthall2267
Coahoma2156
Clarke21425
Lawrence1992
Yalobusha1938
Kemper18014
Carroll17311
Tallahatchie1664
Humphreys15910
Montgomery1493
Calhoun1475
Tippah14411
Itawamba1418
Hancock13813
Webster12811
Tunica1193
Jefferson1173
Jefferson Davis1164
Prentiss1123
Greene10810
Amite1063
George1023
Wilkinson959
Tishomingo921
Quitman891
Alcorn852
Perry764
Choctaw754
Stone732
Franklin492
Benton420
Sharkey420
Issaquena101
Unassigned00

Alabama Coronavirus Cases

Confirmed Cases: 49892

Reported Deaths: 1077
CountyConfirmedDeaths
Jefferson6030162
Mobile4418137
Montgomery4339109
Tuscaloosa254448
Madison19078
Marshall186611
Shelby150924
Lee149437
Morgan12205
Baldwin111410
Walker105127
Elmore98919
Dallas9639
Franklin92216
Etowah88214
DeKalb8416
Chambers65727
Russell6570
Autauga65313
Butler64328
Tallapoosa61669
Unassigned58626
Limestone5741
Houston5526
Cullman5395
Lauderdale5376
Lowndes48022
St. Clair4692
Colbert4656
Pike4595
Escambia4528
Calhoun4365
Coffee4074
Covington39911
Jackson3742
Bullock37010
Barbour3672
Dale3621
Talladega3497
Hale33722
Marengo33011
Wilcox2968
Clarke2946
Winston2893
Chilton2872
Sumter28512
Blount2731
Pickens2556
Monroe2492
Marion24514
Randolph2449
Conecuh2277
Perry2091
Bibb2081
Macon2069
Choctaw20212
Greene1928
Henry1433
Crenshaw1273
Washington1277
Lawrence1170
Cherokee1127
Geneva920
Lamar811
Fayette781
Clay742
Coosa621
Cleburne411
Out of AL00
Tupelo
Clear
92° wxIcon
Hi: 94° Lo: 69°
Feels Like: 101°
Columbus
Scattered Clouds
90° wxIcon
Hi: 93° Lo: 69°
Feels Like: 104°
Oxford
Scattered Clouds
90° wxIcon
Hi: 92° Lo: 68°
Feels Like: 96°
Starkville
Scattered Clouds
88° wxIcon
Hi: 91° Lo: 67°
Feels Like: 96°
WTVA Radar
WTVA Temperatures
WTVA Severe Weather