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 Manhattan District Attorney made the announcement in court, with Weinstein looking on.
Evans had accused Weinstein of forcing her to perform oral sex in 2004 during a meeting at his office.
According to court documents obtained by The Blast, the District Attorney’s office sent a letter to Weinstein’s attorney, Benjamin Brafman, saying they recently obtained an email Evans had written to her husband in 2015, detailing the allegation.
“The account describes details of the sexual assault that differ from the account [Evans] has provided to our office,” the letter states.
ADA Joan Illuzzi said of the dismissal, “Going forward, I would like to make one thing clear: Nothing in the disclosure relating to Count Six impacts the strength of the remaining case and the remaining counts in the indictment, all five of them, including Predatory Sexual Assault.”
She added, “In short, we are moving full steam ahead. As we do with every case, we will follow the facts of law wherever they may lead, and protect those who are preyed upon as well as the integrity of the process. Those who place their trust in us and the justice system deserve no less.”
Back in August, Weinstein filed a motion to dismiss the indictment against him. In it, he argued that Evans said the alleged incident occurred between June and September 2004 and that “a three-month time frame is unreasonable and prevents Mr. Weinstein from adequately preparing his defense to the charge.”
Weinstein’s legal team now has until November 16 to file motions regarding the remaining charges he faces. A hearing has been scheduled for December 20.
Weinstein still faces charges stemming from allegations he raped a woman in 2013 and forced a sex act on a different woman back in 2006.
All along, Weinstein has maintained his innocence.