NEW YORK _ Criminal charges relating to Harvey Weinstein accuser Lucia Evans were dismissed Thursday after prosecutors said new information came to light discrediting her.
Evans claimed the 66-year-old Academy Award winner forced her to perform oral sex on him in 2004. She was an aspiring actress in college when she said she encountered the former heavyweight filmmaker.
The Daily News exclusively reported last week that the charges were in jeopardy after writings came to light contradicting her story.
The Manhattan District Attorney's office revealed Thursday the writings were a drafted email from Evans to her husband citing details of the alleged Weinstein encounter that did not match what she told investigators.
Weinstein's lawyers argued for the Evans's count to get tossed and prosecutors conceded the loss.
"The people cannot oppose the defense request for the dismissal of that single count," Assistant District Attorney Joan Illuzzi told Justice James Burke, who formally wiped the charge.
A lawyer for Evans slammed the DA's move in a statement saying her client was "used."
"They had all the evidence they have now and they still put her through the torture of walking through the scene of the crime, handing over her therapy and medical records, undergoing their cross-examination for hours upon hours," said the attorney, Carrie Goldberg.
She said that "instead of rising to the challenges of their mistakes, the DA jumped ship at the first opportunity."
In a disclosure letter unsealed at Thursday's hearing, prosecutors detailed the issues that led to the decision _ which involves a claim that the lead detective on the case failed to disclose details of an interview with a pal that discredited Evans's story.
The friend _ who told the DA's office she encountered Weinstein with Evans in 2004 at a restaurant bar _ said the pervy producer offered them money to bare their breasts.
The friend told the DA's office that Evans confided in her that she sneaked off to a hallway at the eatery and flashed him outside of the pal's presence.
The friend also said that Evans told her that later that summer, she met with Weinstein at his office and he offered her a part in exchange for oral sex.
Evans "told her that thereupon she performed oral sex on the defendant."
During the revealing chat, Evans "appeared to be upset, embarrassed and shaking," according to the pal.
Evans also composed an email to her husband in 2015 in which she "describes details of the sexual assault that differ from the account the (she) provided to our office," Illuzzi wrote in the four-page Sept. 12 missive that was previously put under a protective order by Burke.
Evans met with prosecutors in August and tried to explain away the issues, the letter says.
She chalked up the inconsistencies in the email as possibly "the product of a flawed memory" and "also told our office that she permitted her husband to read the email sometime after it was drafted."
But she "previously told investigators in this case that she never disclosed to her husband the details of the sexual assault at issue."
Evans tried to cast doubt on the friend's version of events.
She said she doesn't recall telling the woman that she was attacked by Weinstein even though investigators were referred to the friend by Evans to begin with.
She also denied that the ex-executive tried to pay for a look at their breasts or that she took him up on the creepy offer.
The detective on the case failed to inform the DA's office about "important details" of his discussion with Evans' friend during a February phone interview, the DA says.
Weinstein's lawyer Ben Brafman argued that the whole case is contaminated because of the issues with Evans and the veteran investigator.
Weinstein was arrested in late May on charges of rape and criminal sex act over the Evans allegation and a report of a 2013 rape at a Doubletree Hotel on Lexington Ave. The second accuser has never been publicly named.
Prosecutors later upgraded the charges in a superseding indictment and added a third alleged victim, former production assistant Mimi Haleyi, who said Weinstein performed oral sex on her against her will in July 2006.
After the Weinstein scandal broke and in the wake of the #MeToo movement, Haleyi gave a tearful account of the alleged event at a press conference with her celebrity lawyer Gloria Allred.
Weinstein still faces a minimum of 10 years behind bars if convicted on the top count, predatory sex assault, which requires the commission of sex crimes against at least two women.
He is free on $1 million cash bail.
