This came after prosecutors asked the judge to drop the charge. "Nor does it reflect on Lucia's consistent allegation that she was sexually assaulted with force by Harvey Weinstein", her lawyer, Carrie Goldberg said in a written statement.
A NY judge on Thursday dismissed one charge against Harvey Weinstein, but left the disgraced Hollywood titan facing five other charges in connection with alleged sexual assault. "Victims are now becoming warriors and this is just the beginning".
The NYPD has said it stands by the criminal case against Weinstein but has not directly addressed the alleged conduct of the investigator.
A message left on a phone DiGaudio used in the past wasn't returned. Evans made her allegations against Weinstein in The New Yorker last October, helping to spur countless other women to come forward.
Details emerged on Thursday after the court unsealed a letter that Manhattan prosecutors wrote to Weinstein's lawyer, Benjamin Brafman, in September. The union for New York City police detectives didn't return a message.
In another blow to the case, prosecutors obtained a 2015 draft email that Evans wrote to her husband, who was then her fiancé, in which she recounted the encounter with Weinstein. They say that account differs from the one she provided to investigators.
It says the accuser told prosecutors that the inconsistencies may have been caused by a flawed memory.
Manhattan's district attorney has chose to drop part of the criminal case against Harvey Weinstein.
Brafman said in court that he believes Evans lied to the grand jury about what happened and now wants the assistant district attorney to prosecute Evans for perjury.
"When one of the principal allegations in this indictment is predicated on perjured testimony that's a very big, important development", Brafman told reporters.
"The integrity of these proceedings has been compromised", Mr Brafman said.
The tossed count relates to Lucia Evans, who has accused Weinstein of forcing her to perform oral sex in 2004.
Prosecutor Joan Illuzzi-Orbon insisted in court that the rest of the case is strong and said the district attorney's office was looking into the possibility of bringing additional charges.
In an expose published in The New Yorker previous year, Evans accused Weinstein of forcing her to perform oral sex when they met alone in his office in 2004 to discuss her fledgling acting career.
Weinstein says he is innocent.
Manhattan's district attorney has dropped part of the criminal case against Harvey Weinstein. Their argument reportedly included concerns that accuser Lucia Evans's story didn't add up so they pushed for dismissal of the case.
In a shocking disclosure, the pal said that she gave the same account to the detective during the February 2 phone interview while her attorney was present - adding that she had also told him that a fact checker from the New Yorker had called to confirm Evans' assault claims.
The numerous sexual misconduct accusations made against Weinstein, namely those made out of court, had raised awareness of the #MeToo movement and increased public debate about the issue of consent.