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One of the criminal sex charges against Harvey Weinstein just got dropped

“It appears to me some of the most vocal, outspoken critics of Mr. Weinstein who have put their complaints into the media were never properly vetted,” Weinstein’s attorney, Ben Brafman, told the courtroom Thursday.

A judge dropped one of the six criminal sex charges against Harvey Weinstein Thursday morning after evidence emerged that contradicted an accuser’s accounts.

The charge involves Lucia Evans, a former aspiring actress who told the the New Yorker that the ex-movie mogul had forced her to perform oral sex on him in 2004. According to a letter sent to Weinstein’s defense and unsealed after Thursday’s hearing, Evans told a witness a conflicting story about that encounter and that she had performed oral sex on Weinstein after he’d offered her employment in exchange.

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“It appears to me some of the most vocal, outspoken critics of Mr. Weinstein who have put their complaints into the media were never properly vetted,” Weinstein’s attorney, Ben Brafman, told the courtroom Thursday, Variety reported. The Manhattan district attorney’s office didn’t dispute the defense’s motion to dismiss the charge.

Weinstein has pled not guilty to all six charges and has repeatedly denied all accusations of nonconsensual sex. He had previously been charged with two counts of predatory sexual assault, two counts of first-degree criminal sexual acts, and rape in the first and third degrees.

If convicted, he could spend life in prison. In total, more than 80 women have accused Weinstein of sexual misconduct.

Evans first went public with her story just over a year ago. Weinstein forced her to perform oral sex during a meeting about scripts, she told the New Yorker. “I said, over and over, ‘I don’t want to do this, stop, don’t,’” Evans said. “I tried to get away, but maybe I didn’t try hard enough. I didn’t want to kick him or fight him.”

During Weinstein’s court appearance, prosecutor Joan Illuzzi-Orbon assured the courtroom that the DA’s office is “moving full steam ahead,” according to documents released by the Manhattan district attorney’s office after the hearing. The rest of the case against Weinstein, she said, remains strong.

“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,” she said. “Those who place their trust in us and the justice system deserve no less.”

Cover image: Harvey Weinstein attends a hearing in New York, Thursday, Oct. 11, 2018. Manhattan's district attorney dropped part of the criminal sexual assault case against Weinstein on Thursday after evidence emerged that cast doubt on the account one of his three accusers provided to the grand jury. (Steven Hirsch /New York Post via AP, Pool)