New York Daily News

Harv case slip

- BY SHAYNA JACOBS With Rocco Parascando­la

The case against movie industry pariah Harvey Weinstein for an alleged 2004 attack on an aspiring actress may be in jeopardy after Manhattan prosecutor­s uncovered discrepanc­ies in her story, the Daily News has learned.

The Manhattan District Attorney's Office charged the Miramax founder with sex crimes relating to three women, including former actress Lucia Evans.

Evans says she was in college and trying to break in to acting when Weinstein forced her to perform a sex act in his Tribeca office.

But at least one of the charges — the count of criminal sex act pertaining to Evans, 36 — may be falling apart after prosecutor­s disclosed to Weinstein's side that informatio­n contained in a personal log she kept contradict­s her story, sources said.

The DA's office may not be able to move forward with the count, which carries up to 25 years behind bars, sources said.

The new informatio­n may undermine a significan­t part of the DA's case against the 66-year-old fallen Hollywood producer.

A DA spokesman declined to comment on the developmen­ts.

But a lawyer for Evans dismissed the informatio­n as “gossip” that “should be considered with the most critical eye toward its source.”

“This rumor reeks of a planted story aimed at discrediti­ng a sexual assault survivor,” the attorney, Carrie Goldberg, said. “We know of no evidence refuting our client's report that Harvey Weinstein forcefully sexually assaulted her.”

Prosecutor­s apparently made reference to the disclosure and a related probe in a Sept. 12 filing, although the specifics were sealed by Manhattan Supreme Court Justice James Burke.

Assistant District Attorney Joan Illuzzi said the office was providing Weinstein's team with “a disclosure and attached letter regarding Count Six.”

“The investigat­ion into facts set forth in the disclosure are ongoing, and we will respond to defendant's motion addressing count Six at the conclusion of that investigat­ion,” Illuzzi wrote.

A source told The News that Burke is weighing whether to unseal the records but that a ruling on the issue has been postponed.

According to TMZ, the NYPD and the Manhattan District Attorney's Office have launched a probe of a lead detective in the case the gossip website says failed to inform prosecutor­s he had interviewe­d a casting director — who claimed Evans told her she gave Weinstein oral sex in order to get an acting role.

But a source said the Internal Affairs Bureau does not have an active probe into the veteran investigat­or.

“The NYPD, working with its partner the New York district attorney, is fully confident in the overall case it has pursued against Mr. Weinstein,” NYPD spokesman Phil Walzak said in a statement. “The evidence shows that the criminal case against him is strong. The NYPD will continue to assist the prosecutio­n any way it can to ensure justice is achieved for these brave survivors.”

Weinstein's attorney, Ben Brafman, declined to comment on the developmen­ts.

Evans went public to The New Yorker with her story in an October 2017 expose about the accused serial predator.

“He forced me to perform oral sex on him … I said, over and over, ‘I don't want to do this, stop, don't,' ” she told the magazine.

“I tried to get away, but maybe I didn't try hard enough. I didn't want to kick him or fight him.”

In August, Weinstein's defense team made public emails that revealed an ongoing affectiona­te relationsh­ip between Weinstein and another accuser cited in the indictment, whose name has never been revealed.

She alleges she was raped by him in March 2013 at a Doubletree Hotel on Lexington Ave. in Midtown.

The woman made efforts to “get together” with him about four months after she says she was forcibly attacked and continued flirty communicat­ions with Weinstein for years to follow, the potentiall­y damaging records show.

“I love you, always do. But I hate feeling like a booty call. :),” the woman wrote to Weinstein in 2017.

If the Evans charges go south, Weinstein still faces a mandatory minimum of 10 years behind bars if convicted of predatory sex assault, a pattern act count that requires at least two victims.

Woman’s claims contradict­ed by a log that she kept: sources

 ??  ?? A rape case against Harvey Weinstein is said to be in danger of crumbling after prosecutor­s found inconsiste­ncies in his accuser’s tale.
A rape case against Harvey Weinstein is said to be in danger of crumbling after prosecutor­s found inconsiste­ncies in his accuser’s tale.

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