Allegations of sexual molestation lodged by former actress Lucia Evans against producer Harvey Weinstein dismissed because ‘The writings indicate it was consensual, friendly’
The revelation was made after prosecutors found the accuser’s personal log’
Evans’ personal log reportedly contradicts her story regarding the 2004 incident in which she alleged Harvey Weinstein forced her to perform a sex act
Lucia Evans, 36, who announced that she is pressing charges against Harvey Weinstein in May, was one of the first women to speak out about Weinstein’s alleged abuses late last year
The writings in her personal log indicate the liaison was consensual, friendly,’ a source said
It is also being reported that the lead detective on the case is being investigated for witness tampering after he did not tell the DA a
Five women had filed pre-claims against Weinstein which alleged the mogul raped and assaulted them
Lucia Evans was one of the first women to speak out about Harvey Weinstein’s alleged abuses, announcing late last year that she was pressing charges against Weinstein Evans claims she was 21 when the movie producer forced her to perform oral sex
Harvey Weinstein had one of his charges dropped after her personal logs from the time appeared to suggest the sex was consensual.
Manhattan’s district attorney on Thursday dropped part of the criminal case against Harvey Weinstein.
Prosecutors tossed count six in the slew of charges against Weinstein list of charges, which involves allegations made by one of the three accusers in the case, Lucia Evans, who was among the first women to publicly accuse the disgraced movie mogul of sexual assault.
In an expose published in The New Yorker a year ago Wednesday, Evans accused him of forcing her to perform oral sex when they met alone in his Tribeca office in 2004 to discuss her fledgling acting career.
At the time, Evans was a 21-year-old college student.
Assistant District Attorney Joan Illuzzi-Orbon told the judge Thursday that prosecutors wouldn’t oppose dismissal of the count in the case involving Evans.
She insisted the rest of the case, involving two other accusers, was strong.
“In short, your honor, we are moving full steam ahead,” she said.
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Weinstein’s lawyer, Benjamin Brafman, told the judge he believed Evans had lied to the grand jury. He also said he believed a police detective had corruptly tried to influence the case by keeping a witness from testifying about her misstatements.
“The integrity of these proceedings has been compromised,” he said.
Weinstein’s attorneys and prosecutors had been wrangling over the part of the indictment concerning Evans’ allegations over the last few weeks in closed-door meetings and sealed court papers.
Lucia Evans accused Weinstein of forcing her to perform oral sex on him inside his Tribeca office in 2004.
But one of her former employers has now turned over some personal messages she left on her company computer, a law enforcement source said.
‘The writings indicate it was consensual, friendly,’ a source said.
‘It has caused a split [in the Manhattan DAs Office], some believe the charges should be dropped and that there’s a problem [with this complainant].’
In the past year, more than 80 women have come forward to accuse the disgraced Miramax producer of sexual assault, abuse and harassment since the Cotber 2017 bombshell New Yorker article which listed claims by dozens of women.
Until the latest development, the prosecution’s case against Weinstein was resting on just three women; Evans and two others whose have orders of protection that prohibits Weinstein and the defense from revealing their identities.
Nearly all the other cases are passed the statute of limitations.
Evans spoke about her decision to come forward in an interview with The New Yorker in May, saying: ‘At a certain point, you have to think about the greater good of humanity, of womankind.’
However Evans’ credibility was further undermined by another damning report, which revealed that the lead investigator on the case failed to turn over statements from a casting director claiming the actress had performed the sex act to score an acting part.
Harvey Weinstein – ‘I came of age in the 60’s and 70’s, when all the rules about behavior and workplaces were different. That was the culture then. I have since learned it’s not an excuse, in the office – or out of it. To anyone’
‘The casting witness is a problem, but that is still ‘he said, she said.’ It’s harder to explain away her own words,’ a source said.
That casting director was not named, and the story did not identify which of the two lead detectives on the case, Sgt. Keri Thompson or Det. Nicholas DiGaudio, had withheld information.
‘My client has sacrificed everything for her day in court to hold Harvey Weinstein responsible for sexual assault,’ said Evans’ lawyer Carrie Goldberg.
‘Getting to the truth is the very purpose of trials. And we have utmost confidence that her testimony and supporting evidence will prove his guilt.’
It was further claimed that the detective was under investigation for witness tampering as a result of this action, though it is unclear how the unnamed individual might be charged with that offense.
According to Deputy Commissioner Public Information Phillip Walzak, ‘the NYPD, working with its partner DANY, is fully confident in the overall case it has pursued against Mr. Weinstein.
‘The evidence shows that the criminal case against him is strong. The NYPD will continue to assist the prosecution any way it can to ensure justice is achieved for these brave survivors,’ Dep. Comm. Walzak said in a statement.
Harvey Weinstein and attorney Benjamin Brafman arrives for a court appearance on June 5
Manhattan Supreme Court Justice James Burke who dismissed Evan’s accusations, was also expected to decide whether or not to lift the protective orders on the other women.
Evans, who was one of the first accusers to go public, has alleged that Weinstein forced her to perform oral sex on him back in 2004 after luring her to his office under the guise of meeting a casting director.
She is also the only one of the three women in the criminal case against Weinstein who has identified herself, with the other two women having orders of protection that prohibits Weinstein and the defense from revealing their identities.
Evans spoke about her decision to come forward in an interview with The New Yorker earlier this year, saying: ‘At a certain point, you have to think about the greater good of humanity, of womankind.’
Lucia Evans – ‘At a certain point, you have to think about the greater good of humanity, of womankind’. Her suit may be dropped as logs show the sexual relationship may have been consensual
Weinstein’s lawyer, Ben Brafman had argued that charges against his client should be dismissed because prosecutors hid the fact that he had a ‘long-term, consensual’ relationship with one of the accusers.
The unnamed woman exchanged 400 emails during the ‘weeks and years after the alleged rape,’ court papers state.
They include a February 2017 email, sent around four years after the alleged sex attack. In it, the woman told Weinstein: ‘I love you, always do. But I hate feeling like a booty call’
The prosecution argued that the emails did not prove the rape did not occur.
Five additional woman have filed pre-claims accusing the producer of rape and sexual assault, citing official court documents.
Meanwhile, one of Weinstein’s most vocal accusers, Asia Argento, also had her credibility questioned after she was accused of sexually assaulting actor and musician Jimmy Bennett in 2013.
The criminal charges mark the culmination of an almost year-long investigation by NYPD and the Manhattan DA, who arrested and charged Weinstein with multiple counts in May