An attorney for Evans told reporters outside the court that the prosecution "jumped ship" and "ultimately she was caught between the middle of a feud between the NYPD and the DA's office", according to CNN. They said they could not oppose the dismissal in light of information that they had learned while investigating the case.
According to the witness, who was not named in the court filing, Evans had been drinking and "appeared to be upset, embarrassed and shaking" when she told the story.
The basis for the motion filed by Ben Brafman said prosecutors withheld evidence when presenting the case to the grand jury, such as friendly emails that one of Weinstein accusers sent to him.
Harvey Weinstein (C) arrives at Manhattan Criminal Court for a hearing on October 11, 2018 in New York City.
One of the charges against Harvey Weinstein was dropped after evidence emerged that a police detective had urged a witness to keep quiet about inconsistencies in the accuser's accounts.
The New York City Police Department said in a statement it "remains fully confident in the overall case it has pursued against Mr. Weinstein". Brafman has called the charges against Weinstein a product of political pressure amid the (hash) MeToo outcry.
Prosecutor Joan Illuzzi-Orbon, however, said the rest of the case is "full steam ahead". The five remaining charges include predatory sexual assault, criminal sexual act in the first degree, rape in the first degree and rape in the third degree.
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.
Evans' lawyer, Carrie Goldberg, furiously said outside court that her client had been abandoned by Manhattan District Attorney Cyrus R. Vance Jr. for no reason.
Harvey Weinstein is set to appear before a NY judge as his lawyers try to get the charges dismissed in his criminal case.
It reportedly comes after the district attorney's office discovered a previous written account by Evans which could suggest that her sexual encounter with Weinstein was consensual. "Nor does it reflect on Lucia's consistent allegation that she was sexually assaulted with force by Harvey Weinstein", she said in a written statement.
"It only speaks volumes about the Manhattan district attorney's office and its mishandling of my client's case".
"I want to be very clear that prosecutors' decision to abandon my client's claims does not invalidate the truth of her claims", Ms Goldberg said.
Brafman identified the detective in the case as Nicholas DiGaudio.
Some media outlets reported that there were problems with witness interviews done by one of the lead police detectives handling the investigation.
The 66-year-old, who has been on $US1m bail since his arrest in May, has denied having non-consensual sex, his lawyers have previously said.
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