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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 new spicy donut by Dunkin’ is sure to be hot. On Wednesday, Dunkin’ unveiled its latest creation - the Spicy Ghost Pepper Donut.The sweet treat is a yeast donut ring that's topped with a strawberry-flavored icing that features a blend of cayenne and ghost pepper and comes with red sanding sugar for a sizzling look.“Halloween looks a little different this year, and so do our donuts. While our classic bakery offering has plenty of crave-worthy treats, we’re excited to show our spicy side with a donut that packs a touch of heat with something sweet and can be enjoyed any time of day,” Jill Nelson, Vice President, Marketing Strategy at Dunkin’ said in the press release.The spicy ghost pepper donut is available beginning Wednesday until December for a limited time at participating locations. 807

A US Postal Service employee was found fatally shot inside a truck on Interstate 30, Dallas police said.The employee was found about 2:20 a.m. Monday in a USPS box truck on the Dallas-Fort Worth Turnpike Freeway, police said in a statement.Homicide detectives and US postal inspectors responded, but police did not indicate what might have happened. The victim has not been named yet.A photo from the scene shows the truck resting beside a guard rail.On February 8, a marked Dallas police squad car was shot at about one mile from Monday's incident. The officer was not injured,?CNN affiliate KTVT reported.Police said there is no evidence to link the two shootings. 674

A popular New Jersey restaurant is drawing criticism for a policy making underage customers pay an 18 percent tip for their order, the New York Post reported.The Wayne Hills Diner in Wayne, New Jersey is reportedly a popular spot for teenagers and children after school, but its management says that children don't always tip. That is why it has enforced a policy adding gratuity to underage customers, but not adults."My employees need to get paid. They don't work for free," the restaurant's manager told the Post. The restaurant says it is not trying to scare off young customers. "We love the kids. They've been coming for years. We're a family-owned business," the manager told the New York post. "There's too much publicity for nothing. But some parents think it is unfair to make children tip, while not making adults add gratuity."I was angry because I had been there the week before and I had been there with a group of five, some kids and some children, and I was not charged this gratuity," long-time customer Melissa Desch told WABC-TV.Desch said that her 11-year-old daughter spotted the added gratuity after she got her receipt. "He said that's policy because the kids run out and he feels that they don't tip well, and they don't know how to tip was the explanation," she told WABC. "I said I could understand that, but again, they're not being given the option, they're being forced to pay them." 1445

A member of production on “The Batman” has tested positive for COVID-19 and the U.K shoot has been temporarily suspended. Multiple media outlets are reporting the film's star, Robert Pattinson, is the person who tested positive.A spokesperson for Warner Bros. said Thursday that the individual is isolating in accordance with established protocols and filming is temporarily paused. They would not release any other information about the situation or affected crew member.Vanity Fair and Deadline are both reporting Pattinson tested positive for coronavirus, however no other information about his situation was available.Pattinson is starring in the new film from director Matt Reeves which had resumed filming just a few days ago after an almost six-month hiatus because of the coronavirus pandemic.The film was originally supposed to hit theaters in June 2021 but was pushed back to October 2021 because of the production delays.Before filming was stopped earlier this year because of the coronavirus pandemic, enough was shot to put together a trailer for "The Batman." 1081