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A New York judge dismissed count 6 of Harvey Weinstein's criminal indictment Thursday, which was a criminal sexual act in the first degree.The count stems from charges brought forth against the disgraced movie producer in May by Manhattan District Attorney's Office.A source familiar with the investigation told CNN at the time that the criminal sex act charge was from a case involving aspiring actress Lucia Evans, who alleged Weinstein forced her to perform oral sex on him in his Tribeca office in 2004. She first spoke out about the alleged incident to Ronan Farrow in the New Yorker last fall.Carrie Goldberg, an attorney for Evans, spoke to reporters outside the court in lower Manhattan following the dismissal, and said the prosecution "jumped ship" and "ultimately she was caught between the middle of a feud between the NYPD and the DA's office."Goldberg added that despite District Attorney Cy Vance not opposing a motion to dismiss the charges against Weinstein, her client's claims remain and this "does speak to a system desperate in need of reform.""People always ask why don't sexual assault survivors come forward, this is why. Today is why," Goldberg said. Goldberg detailed how prosecutors used Evans for months and "put her through needless torture."The attorney said her client will continue her fight in other venues."Victims are becoming warriors and this is just the beginning," she added.Weinstein had previously pleaded not guilty to the six sex crimes he's been charged with in New York, including two counts of rape.Weinstein's bond was set at million and he is required to wear a GPS monitoring system and is only allowed to travel within New York state or Connecticut.Weinstein is also under investigation for alleged sex crimes in Los Angeles and London.CNN has reached out to Weinstein's representatives for comment. 1861

A Philadelphia woman is hailing a Cleveland Clinic doctor a hero after he helped save her life while on an airplane. On Saturday, 28-year-old Ashley Spencer boarded an American Airlines flight in Philadelphia destined for Cleveland. But shortly after the plane took off Spencer passed out."I stopped breathing," she said. "I still had a pulse. That's when the stewardess said, 'Is there any medical professionals on the aircraft? It's an emergency.'" Spencer, who has a severe peanut allergy, was having an allergic reaction to a bag of chips she had eaten right before the flight. Her body was going into anaphylactic shock. That's when Dr. Erich Kiehl, an electrophysiology fellow from the Cleveland Clinic, and another doctor from North Carolina sprang into action. The men injected Spencer with an Epi-Pen four separate times and monitored her vitals over and over.To make matters even scarier, Spencer suffers from Eosinophilic granulomatosis with polyangiitis (EGPA), a rare auto immune disease. Because of the disease, she said her heart isn't in the best shape. She's spent the last several years in and out of the hospital undergoing several rounds of chemotherapy."When a person is going into anaphylactic shock it has to be taken seriously," she said. "Having Dr. Kiehl on board was so important. He was monitoring the heart completely." The plane made an emergency landing in Pittsburgh and Spencer was rushed to the hospital. She spent Saturday night in the ICU recovering from the reaction. Spencer said she's gone into anaphylactic shock in the past and has received treatment at the hospital, but the help she received from the men in the air was above and beyond."I would have to say the treatment I got on an aircraft was probably better," Spencer said.What's ironic is that Spencer was on the plane to Cleveland because on Monday she's scheduled to meet with doctors at the Cleveland Clinic in her search for answers about her rare disease.Spencer said she is eternally grateful for both doctors who helped her on the plane. She's already purchased plaques for both men as a way to say thank you."I am beyond thankful," she said. "I could have died up there." Spencer said she hopes the Cleveland Clinic can help her meet up with Dr. Kiehl while she's in town.  2428

A patient in Minnesota who had COVID-19, and attended the Sturgis Motorcycle Rally in South Dakota, has died, the Minnesota Health Department confirmed to E.W. Scripps.The Washington Post reported that this is the first death from the virus that was linked back to the rally.In an email to E.W. Scripps, a spokesman for the Minnesota Department of Health said the patient was in their 60s and had underlying health conditions "as do many people in that age group."The spokesman said the patient had been hospitalized in the intensive care unit.The 10-day event ended on Aug. 16.According to the Associated Press, health departments in at least eight states are also trying to track virus outbreaks.At least 260 cases in 11 states can be tied directly to the event, the Washington Post reported. 802

A New York judge dismissed count 6 of Harvey Weinstein's criminal indictment Thursday, which was a criminal sexual act in the first degree.The count stems from charges brought forth against the disgraced movie producer in May by Manhattan District Attorney's Office.A source familiar with the investigation told CNN at the time that the criminal sex act charge was from a case involving aspiring actress Lucia Evans, who alleged Weinstein forced her to perform oral sex on him in his Tribeca office in 2004. She first spoke out about the alleged incident to Ronan Farrow in the New Yorker last fall.Carrie Goldberg, an attorney for Evans, spoke to reporters outside the court in lower Manhattan following the dismissal, and said the prosecution "jumped ship" and "ultimately she was caught between the middle of a feud between the NYPD and the DA's office."Goldberg added that despite District Attorney Cy Vance not opposing a motion to dismiss the charges against Weinstein, her client's claims remain and this "does speak to a system desperate in need of reform.""People always ask why don't sexual assault survivors come forward, this is why. Today is why," Goldberg said. Goldberg detailed how prosecutors used Evans for months and "put her through needless torture."The attorney said her client will continue her fight in other venues."Victims are becoming warriors and this is just the beginning," she added.Weinstein had previously pleaded not guilty to the six sex crimes he's been charged with in New York, including two counts of rape.Weinstein's bond was set at million and he is required to wear a GPS monitoring system and is only allowed to travel within New York state or Connecticut.Weinstein is also under investigation for alleged sex crimes in Los Angeles and London.CNN has reached out to Weinstein's representatives for comment. 1861

A North Korean soldier was shot by his former comrades while defecting to South Korea across the demilitarized zone, Seoul's Joint Chiefs of Staff said in a statement Monday.The wounded soldier was evacuated from the site for emergency medical attention, the statement said, after defecting from a North Korean guard post at the Joint Security Area (JSA) on the heavily-guarded border between the two countries.The soldier is reported to have left the North Korean guard post in front of Panmungak, on the border inside the demilitarized zone (DMZ), and proceeded to move towards Freedom House on the South Korean side. 627

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