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The Manhattan District Attorney decided to drop count six of the indictment, which involves Lucia Evans, the actress who accused Weinstein of forcing her to perform oral sex on him in 2004. The rest of the case remains intact.
The district attorney’s office recently discovered a previous written account from Evans that could suggest her encounter with him was consensual. This would contradict the criminal charges that have been filed against him, sources familiar with the matter told ABC News.
Evans is one of three women whose allegations form the backbone of the criminal case.
Prosecutors are also dealing with an internal review of how a lead police detective conducted himself during the investigation. It was alleged the detective may have improperly “coached” a witness before she testified before a grand jury.
The NYPD has said it stands by the criminal case against Weinstein but has not directly addressed the alleged conduct of the investigator.
Weinstein has pleaded not guilty and denied all allegations of rape and sexual assault that have been made against him both in court and in the media.