Manhattan’s district attorney has thrown out part of the criminal case against Harvey Weinstein.

The move comes as in court on Thursday as Weinstein watched on. The development surrounds Lucia Evans, one of the three accusers and one of the first women to publicly voice her accusations against the now disgraced Hollywood producer.

The decision to dismiss this charge means that just five of the charges remain, all of which Weinstein has pleaded not guilty to and has been released on a $1million bail.

This time last year, an expose published in the New Yorker detailed Evans’ story. She alleges, that in 2004 while a 21-year-old college student, Weinstein forced her to perform oral sex on him while they were alone in his office.

Benjamin Brafman, Weinstein’s lawyer, argued that those charges should be dropped due to the fact that the grand jury had not been given important evidence regarding Evans’ allegation. Joan Illuzzi, the lead prosecutor, did not object and Justice James Burke dismissed the charge

“Let me be clear: the decision to throw away my client’s sexual assault charges says nothing about Weinstein’s guilt or innocence. Nor does it reflect on Lucia’s consistent allegation that she was sexually assaulted with force by Harvey Weinstein,” said Evans’ attorney Carrie Goldberg.

“It only speaks volumes about the Manhattan DA’s office and its mishandling of my client’s case.”

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