Judge tosses one sexual assault charge against Harvey Weinstein

Harvey Weinstein is set to appear before a New York judge as his lawyers try to get the charges dismissed in his criminal case. (AP Photo/Seth Wenig, File)
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MANHATTAN (NBC NEWS) — One of six sexual assault counts against Harvey Weinstein was dismissed in a New York courtroom on Thursday.

The charged dismissed was Count 6, a criminal sex act in the first degree, stemming from an alleged assault on one-time aspiring actress Lucia Evans.

"We are moving full-steam ahead on the other counts," a prosecutor said during a pre-trial hearing in front of Manhattan Supreme Court Justice James Burke.

Evans claimed that when she was a 21-year-old college student in 2004, Weinstein forced her to perform oral sex in his office.

Harvey Weinstein
Harvey Weinstein, left, and his attorney Benjamin Brafman, right, leave court, Monday, July 9, 2018, in New York. (AP Photo/John Minchillo)

Evans’ accusations, first reported in The New Yorker magazine a year ago this week, led to dozens of other women coming forward to accuse

Defense lawyer Ben Brafman has accused prosecutors of withholding evidence that could have convinced grand jurors not to indict his client in the Evans case.

The 66-year-old Weinstein has pleaded not guilty and is free on $1 million bail.

Two sources close to the case have told NBC News that there have been concerns about the work of an NYPD detective, in possibly mishandling interviews of the former aspiring actress Evans.

And TMZ reported last week that a casting director claimed that Evans once told her she performed oral sex on Weinstein to gain an acting role. The casting director reportedly gave police that statement, but investigators failed to share it with prosecutors.