It leaves Weinstein facing allegations largely related to two women, but Brafman argued that Evans' "perjury" also taints the first count against Weinstein, if not the entire case.
A lawyer for Evans insisted that even though this charge was thrown out, her client's claims are still truthful. Later that evening, as they walked home, Evans allegedly told the witness that she had shown her breasts to Weinstein. Weinstein's lawyer Ben Brafman asked the judge to review all of the detective's work, but the judge has yet to respond to that request.
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.
Hollywood film producer Harvey Weinstein enters Manhattan criminal court in NY, where he pleaded not guilty to rape and sex assault charges.
"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".
Prosecutors said the police detective didn't share any of that information with prosecutors and urged the woman not to reveal details, saying "less is more", and that she had no obligation to cooperate with investigators.
"I'm not certain he will have any choice but to dismiss the entire indictment against Harvey Weinstein", Brafman said.
Weinstein's lawyer Brafman told the judge he believed Evans had lied to the grand jury and said he believed a police detective had attempted to influence the case by keeping a witness from testifying about her misstatements.
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In another inconsistency, she said she let her husband read the draft email, though she previously told investigators that she never told him about the alleged attack.
"Nor does it reflect on Lucia's consistent allegation that she was sexually assaulted with force by Harvey Weinstein".
Weinstein still faces a mandatory minimum of 10 years behind bars if convicted of predatory sexual assault.
Weinstein's lawyer, Benjamin Brafman told the judge he believed Evans lied about her encounter with Weinstein to the grand jury and to the New Yorker past year.
"The integrity of these proceedings has been compromised", he said.
Judge James Burke is expected to issue rulings Thursday on defense motions assailing an indictment accusing Weinstein of rape and sexual assault. The former movie producer pleaded not guilty to all of them and was granted bail at $1 million.
Attorney Carrie Goldberg says in a statement that the prosecution's decision to "abandon" her client, Lucia Evans, speaks to a system that needs to be reformed. "There is a rush to arrest, there is pressure to arrest, and what we see is that happened in this case".