He also said he believed a police detective had corruptly attempted to influence the case by keeping the witness from testifying about her misstatements. They initially declined but Evans later told her she had gone ahead and exposed herself to the film producer in a hallway.
The detective allegedly hid information about the witness in dealing with prosecutors and allegedly cajoled the witness into not disclosing what she knew. Weinstein had promised to get her an acting job if she agreed to perform oral sex, and she agreed, it said.
Speaking outside court later, Brafman said Evans should be criminally prosecuted for perjury, insisting it was "not about victim shaming". According to reports, one of the counts against Weinstein, involving Lucia Evans, has been dropped because investigators found a written account of the encounter that suggests it may have been consensual.
"The people can not oppose the defense request for the dismissal of that single count", Illuzzi said.
Attorney Carrie Goldberg says prosecutors' decision to "abandon" her client speaks to a system that needs to be reformed.
Although Brafman said he has "great respect" for the D.A.'s office, "I have deep regret that the thoroughness of the investigation did not prevent them from charging Mr. Weinstein with a crime he did not commit".
An attorney for Weinstein has said that he plans to file motions to dismiss each of the remaining charges.
She said it does not "invalidate the truth of her claims".
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"This is an attack on the fundamental integrity of the grand jury process".
The New York Post, never known for its restraint, blasted out a headline just before the judge dismissed the sexual assault count, wondering if the D.A.'s case is "in danger of falling apart".
The detective has been removed from the case, Brafman said.
Prosecutor confronted the detective, who admitted he'd failed to turn over the damning details, but denied discouraging the witness from cooperating. The union representing New York City police detectives also didn't return a message.
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.
The accusations led to the #MeToo movement in which hundreds of women publicly accuse powerful men in business, politics and entertainment of sexual harassment and abuse.
The collapse of part of the case against him could mean trouble for the prosecutor.
Vance has already been fiercely criticized for declining to prosecute Weinstein when an Italian model accused him of grabbing her breasts in 2015. 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. "Nothing in this disclosure impacts the strength of the remaining case and the other five counts", she said, including the most serious count, for predatory sexual assault. "There is a rush to arrest, there is pressure to arrest, and what we see is that happened in this case".