The criminal sexual assault case against Harvey Weinstein returns to Manhattan court Thursday when prosecutors face a possible setback in their battle against the dishonest mogul of the film.
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The Manhattan district attorney's office recently discovered a previous written account from one of Weinstein's accusers that could suggest that his meeting with him was consensual. This would contradict the criminal charges that have been filed against him, sources familiar with the matter told ABC News.
The account is of Lucia Evans, one of the three women whose accusations constitute the backbone of the criminal case. Evans has accused Weinstein of having forced her to have oral sex with him in 2004 when she was an aspiring actress. The sources said that a recently discovered written account could be interpreted as meaning that the 2004 meeting was consensual.
Neither the Manhattan district attorney's office nor Weinstein's defense team commented on the existence of a previous Evans account, citing a court order that prevents them from speaking publicly about the case. Both parties must appear in court to discuss the matter with a judge.
Prosecutors are also grappling with an internal review of how a police detective behaved during the investigation. It was alleged that the detective may have improperly "trained" a witness before she testified before a grand jury.
New York police have said they support the criminal case against Weinstein, but did not directly address the alleged conduct of the investigator.
Weinstein pleaded not guilty and denied all allegations of rape and sexual assault that have been made against him in court and in the media.