The case against Harvey Weinstein is falling apart

The sexual assault case against Harvey Weinstein is in danger of crumbling after Manhattan prosecutors found an accuser’s written account of her encounter with the movie mogul that suggests it was consensual, multiple sources told The Post.

Lucia Evans has accused Weinstein of forcing her to perform oral sex on him inside his Tribeca office in 2004, when she was a 21-year-old college student and aspiring actress. She is one of three women whose allegations of sexual assault are being prosecuted by Manhattan District Attorney Cyrus Vance Jr.’s office.

But a prior employer of Evans turned over the personal writings she’d left on the company computer, which appear to contradict her grand jury testimony, a law enforcement source said.

“The writings indicate it was consensual, friendly,” a source told The Post. “It has caused a split [in the Manhattan District Attorney’s Office], some believe the charges should be dropped and that there’s a problem [with this complainant].”

Manhattan prosecutors ultimately decided not to drop Evans from the case despite some internal opposition.

The latest revelation comes after another damaging report, that the NYPD’s lead investigator on the case failed to turn over statements from a casting director who said Evans told him she had performed the sex act to score an acting gig.

Another source said, “The casting witness is a problem, but that is still ‘he said, she said.’ It’s harder to explain away her own words.”

The DA’s office declined to comment for this article.

This Thursday, Manhattan Supreme Court Justice James Burke is expected to rule on whether to dismiss count six of the indictment that relates to Evans, sources said.

He’ll also decide whether to lift the protective order, which allowed prosecutors to file the damning disclosures under seal.

Weinstein’s defense lawyer, Ben Brafman, has lobbied the judge to make them public, sources said.

The former Miramax boss faces up to life in prison on charges of rape, predatory sex assault and criminal sex acts for the alleged attack on Evans and two other women.

In court papers, Brafman previously argued that the case against the “Shakespeare in Love” producer should be dismissed because prosecutors hid the fact that he had a “long-term, consensual” relationship with one of the accusers.

Weinstein and the woman, whose name has not been released, exchanged 400 emails during the “weeks and years after the alleged rape,” the papers state.

In a February 2017 email sent nearly four years after the alleged sex attack, she wrote, “I love you, always do. But I hate feeling like a booty call. :)”

Assistant District Attorney Joan Illuzzi-Orbon countered in court papers that none of the emails show the accuser denying that she was raped and insisted the presentation to the grand jury was fair and complete.

The third complainant, production assistant Mimi Haleyi, alleges that Weinstein forcibly performed oral sex on her in 2006 inside his SoHo home.

“My client has sacrificed everything for her day in court to hold Harvey Weinstein responsible for sexual assault,” said Evans’ lawyer Carrie Goldberg. “Getting to the truth is the very purpose of trials. And we have utmost confidence that her testimony and supporting evidence will prove his guilt.”

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'No stained garment, no smoking gun, nothing,': Cosby juror explains why he wasn't convinced by the plaintiff

One of the jurors in Bill Cosby's trial said that he did not find the accusation of rape convincing because the accuser had worn a bare midriff and had no "stained garment" to show.

Last December, famed comedian Bill Cosby was charged with three counts of aggravated indecent assault in relation to allegations that he drugged and molested Canadian basketball player Andrea Constand in 2004.

On June 17, the judge in Cosby's case declared a mistrial after the 12-person jury spent six days and more than 50 hours trying to decide whether Cosby was guilty or innocent of sexual assault. Once the case went public, more than 60 women have come forward with similar accusations of sexual assault against the comedian.

"She was well-coached," the juror, who spoke on condition of anonymity, told The Inquirer and The Daily News. "Let’s face it: She went up to his house with a bare midriff and incense and bath salts. What the heck?"

The juror then added that Cosby had already "paid dearly" with his ruined reputation and should not be made to go through another trial. That said, he still refused to say whether he wanted to find Cosby guilty or innocent.

The juror also said that, at one point, 10 out of the 12 jurors believed Cosby was guilty before three jurors changed their minds and the judge had to announce a mistrial. Throughout the deliberations, jurors had difficulty with legal terms such as "reckless" and "severely impaired," with the juror adding that the language describing the counts of assault was "too legal."

Even though Cosby's defense lawyer spent just six minutes to say that the relationship was consensual, the juror still said that he found Cosby more convincing than the prosecution, which spent five days laying out extensive evidence from the police, legal experts and Constand herself.

He said that Constand should have only seen Cosby at his home if "she was dressed properly and left the incense in the store" and was influenced to go to push forward on the trial years later by her mother.

"No stained garment, no smoking gun, nothing," he said, adding that you could draw little from evidence from decades ago.

He further added that the accusations of 60 women who have since come forward with similar accusations had played no role in his deliberations — he thought many of them made up their claims to get attention.

“This is ridiculous, unbelievable,” he said. “I think more than half jumped on the bandwagon."

While the courthouse said that he was proud of having done his civic duty, he does not plan on paying attention if there is a second trial.

"They should’ve left it closed," he said.

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Terrence Popp on Bill Cosby