The case of sexual assault against Harvey Weinstein is in danger of falling apart after Manhattan prosecutors found the written account of an accuser of his meeting with the movie mogul suggesting it was consensual.
Lucia Evans has accused Weinstein of forcing her to perform oral sex with him at his Tribeca office in 2004, when she was a 21-year-old college student and aspiring actress.
She is one of three women whose sexual assault allegations are being prosecuted by the Manhattan District Attorney's Office, Cyrus Vance Jr.
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However, a former employer of Mrs. Evans delivered the personal writings she had left on the company's computer, which appear to contradict the testimony of her grand jury, a source in the law said.
"The writings indicate that it was consensual, friendly," said one source. The New York Post
"It has caused a split (in the Manhattan District Attorney's Office), some believe that the charges should be dropped and that there is a problem (with this claimant)."
Manhattan prosecutors finally decided not to leave Ms. Evans out of the case despite some internal opposition.
The latest revelation comes after another damaging report, according to which the principal investigator of the NYPD case did not deliver the statements of a casting director who said that Ms. Evans told her that she had performed the sex act to mark a performance concert.
Another source said: "The casting witness is a problem, but it is still," he said. "It's harder to explain your own words."
The district attorney's office declined to comment for this article.
This Thursday, Manhattan Supreme Court Justice James Burke is expected to decide whether to dismiss count five of the indictment that relates to Ms. Evans, the sources said.
It will also decide whether to lift the protection order, which allowed prosecutors to present condemning disclosures under seal.
Weinstein's defense attorney, Ben Brafman, pressed the judge to make them public, the sources said.
The former Miramax boss faces life in prison on charges of rape, sexual predatory assault and criminal sexual acts for the alleged attack on Ms. Evans and two other women.
In court documents, Mr. Brafman argued earlier that the case against the Shakespeare in love the producer must be fired because the prosecutors concealed the fact that he had a "long-term, consensual" relationship with one of the accusers.
Mr. Weinstein and the woman, whose name has not been disclosed, exchanged 400 emails during the "weeks and years after the alleged rape," according to the documents.
In an email of February 2017 sent almost four years after the alleged sexual assault, she wrote: "I love you, I always do". But I hate feeling like a booty call. 🙂 "
Assistant District Attorney Joan Illuzzi-Orbon responded in court documents that none of the e-mails showed the accuser denying she had been raped and insisted that the presentation to the grand jury was fair and complete.
The third applicant, production assistant Mimi Haleyi, alleges that Mr. Weinstein forcibly had oral sex in 2006 at his home in SoHo.
"My client has sacrificed everything for his day in court to hold Harvey Weinstein responsible for sexual assault," said Evans' attorney, Carrie Goldberg.
"Arriving at the truth is the purpose of the tests. And we have the greatest confidence that his testimony and supporting evidence will prove his guilt. "
This story first appeared in the New York Post and has been republished here with permission.