Harvey Weinstein arrives at a NY court.
Manhattan's district attorney has made a decision to drop part of the criminal case against Harvey Weinstein.
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.
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.
In an expose published in The New Yorker a year ago, Evans accused Weinstein of forcing her to perform oral sex when they met alone in his office in 2004 to discuss her fledgling acting career.
Following the hearing, the office of Manhattan District Attorney Cyrus Vance made public a letter it had sent to Brafman last month disclosing that an unnamed witness had told them that she had heard an account of the alleged assault from Evans that was different from the one Evans originally gave to Vance's office.
"Nor does it reflect on Lucia's consistent allegation that she was sexually assaulted with force by Harvey Weinstein".
Prosecutors said in a letter unsealed Thursday they learned weeks ago that a woman who was with Evans the night she met Weinstein at a restaurant had given a police detective a contradictory account of what happened, but that the detective had urged her to keep quiet, telling her "less is more".
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The witness had given the different account to a NY police officer who had failed to tell prosecutors, the letter added. They initially declined but Evans later told her she had gone ahead and exposed herself to the film producer in a hallway. The upshot - the witness says Evans was not forced to perform oral sex.
Disgraced movie mogul Harvey Weinstein has one less count of sexual assault being brought against him before his trial begins.
The witness reportedly told this to an NYPD detective previous year.
Weinstein appeared before New York Judge James Burke as his lawyers tried to have some or all of the charges he faces dismissed.
Evans claims Weinstein forced himself on her, but the witness says otherwise.
An unnamed woman is argued to also have had email exchanges with Weinstein that show the encounters were consensual.
"I think this grand jury is irreparably damaged".
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".
He says that as of now, DiGaudio has "no active role" in the Weinstein investigation but remains on duty.