Harvey Weinstein rape case in limbo: Paz de la Huerta’s lawyer says DA not pursuing charges despite solid NYPD evidence while office denies claim and says it is still an ‘active investigation’
- The lawyer for actress Paz de la Huerta claims that the Manhattan District Attorney’s Office will not present her rape case to the grand jury
- Carrie Goldberg said de la Huerta was interviewed twice and thousands of documents were subpoenaed by the DA’s office
- Despite this, they are not looking to try Harvey Weinstein she told CNN
- The district attorney’s office was quick to shoot this down however, stating: ‘This remains very much an active investigation. We’ll decline further comment’
- A spokesperson for the DA who spoke with DailyMail.com further explained: ‘The reports of it “stalling” are not accurate’
The Manhattan District Attorney’s Office is no longer pursuing a rape case against Harvey Weinstein according to multiple sources.
In what appears to be a shattering blow to the over 100 women who have come forward to accuse the disgraced mogul of sexual assault and harassment, members of the district attorney’s office began informing individuals involved with the investigation that they were not moving forward with the case.
Goldberg said that despite meeting with her client twice and subpoenaing thousands of documents to back up her claims, Cy Vance and the district attorney’s office have said they will not present the case to a grand jury.
CBS, who is developing a show based on Goldberg’s work representing victims of online harassment and sexual assault, did not name their sources.
The district attorney’s office was quick to shoot this down however, stating: ‘This remains very much an active investigation. We’ll decline further comment.’
A spokesperson for the DA who spoke with DailyMail.com further explained: ‘The reports of it “stalling” are not accurate.’
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The lawyer for actress Paz de la Huerta claims that the Manhattan District Attorney’s Office will not present her rape case against Harvey Weinstein (above in September) to the grand jury
This news comes almost one month after a report emerged claiming that the district attorney’s office was looking to present a case the following week to the the grand jury in hopes of indicting Weinstein on a number of charges stemming from his alleged rapes of actress de la Huerta in 2010.
‘We have a credible and detailed narrative, and even though the incident occurred seven years ago there has been corroboration from a number of individuals,’ said Chief of Detectives Robert Boyce around that time.
He went on to reveal that investigators contacted the district attorney’s office soon after they interviewed de la Huerta and ‘started working the case together.’
Weinstein is accused of sexually assaulting the actress on two occasions, but has denied any and all allegations of non-consensual sex through his spokesperson.
The actress reported the incidents to authorities on October 25, and was found to be a strong and credible witness.
‘I really can’t comment but we’ll move as fast as we can to resolve the outstanding issues,’ said Cy Vance at that time, almost three years after he decided not to prosecute Weinstein despite having audio of him admitting to assaulting Ambra Battilana.
‘We are on the same page when it comes to mission, which is protecting the public and preventing crime and building investigations and cases,’ said Vance at the time of the work between his office and the NYPD.
Vance also urged any victims to come forward and promised that their claims and allegations would be looked into by his team.
It all feels a bit like deja vu, with the district attorney’s office previously not pursuing the 2015 case against Weinstein.
‘This case was taken seriously from the outset, with a thorough investigation conducted by our sex crimes unit,’ said Joan Vollero at the time.
‘After analyzing the available evidence, including multiple interviews with both parties, a criminal charge is not supported.’
Bring him down: Paz de la Huerta (in 2011) filed a police report on October 25
The New York Times revealed in October that Weinstein surrounded himself with a very connected team of litigators before learning that charges would not be pursued in the case.
He retained Elkan Abramowitz, a former law partner of Vance, and Daniel S. Connolly, who was also a former prosecutor.
Linda Fairstein came on as a consultant and introduced Weinstein’s lawyer Abramowitz to Martha Bashford, the head of the district attorney’s sex crimes bureau.
‘We have an actual case here, so we’re happy with where the investigation is right now,’ said Chief Boyce back in early November in a rare public comment on an ongoing investigation.
‘Mr Weinstein is out of state we would need an arrest warrant, to arrest him. So right now we’re gathering our evidence and we continue to do so, every day. So that’s where we are in the case.’
Chief Boyce revealed during the conference that subpoenas have been issued, before adding: ‘If this person was still in New York and it was recent we would go right away and make the arrest, no doubt. But we’re talking about a seven-year-old case. And we have to move forward gathering evidence.
Chief Boyce also made it very clear that de la Huerta was a strong witness, noting her ‘ability to articulate each and every movement of the crime, where she was, where they met, where this happened and what he did.
Keeping quiet: The district attorney’s office was quick to shoot this down however, stating: ‘This remains very much an active investigation. We’ll decline further comment’ (Cy Vance above in 2016)
The case was further bolstered because De la Huerta was the first victim who was allegedly assaulted by Weinstein after 2006, when New York did away with the statute of limitations in instances of rape, criminal sexual act or aggravated sexual abuse in the first degree.
The assaults alleged by the other two women took place before that law was changed, which means that even if the district attorney’s office files charges against Weinstein in those cases they could be tossed out of court by a judge.
Chief Boyce seemed to suggest that those probes have been put on hold while the focus turns to de la Huerta’s allegations.
At the same time, the Manhattan District Attorney’s office announced that they had assigned a senior sex crimes prosecutor to work on the case.
‘As to others, I’m not going to close the door and say others wont come forward, but this is what we have right now, this is what we’re moving forward with,’ said Chief Boyce.
Weinstein whas only been spotted a handful of time since he fled New York City the day after he was first accused of assault and harassment in a New York Times expose.
The disgraced mogul, 65, was seen slurping on some soup at Chestnut, a farm-to-table restaurant in Phoenix ine arly November and then in California a week later.
Weinstein managed to keep a low profile throughout his meal in Arizona despite the fact that over 100 women have now accused him of sexual harassment and/or assault.
That feat was accomplished in large part because of his disguise, with Weinstein wearing a blond wig over his bald head and orange makeup covering his face before heading out in public.
His guest also appeared to be wearing a wig, with the man keeping a hand on the side of his head during their meal.
New York County District Attorney Maxine B. Rosenthal has also been looking into de la Huerta’s claims, with her her lawyer confirming he turned over information and files to her office earlier this week.
Among the items turned over where notes from her therapist confirming that de la Huerta spoke about the alleged assault at the time.
‘I recall you telling me that Harvey Weinstein was seeking sexual contact with you on more than one occasion with the promise of additional roles,’ wrote SueAnne Piliero in a letter to the district attorney’s office.
‘I recall you reporting to me a sexual encounter with Harvey Weinstein involving intercourse in your apartment in 2010 that resulted in you feeling victimized. I recall you telling me that it felt coercive to you and that you didn’t want to have sex with him, but felt that you had to as he was a man of power and rank and you couldn’t say no to his sexual advances.’
De la Huerta’s previous lawyer, Aaron Filler, detailed his client’s experience with Weinstein on ‘Megyn Kelly Today.’
NEW YORK POLICE DEPARTMENT
Lucia Evans (Claims Weinstein forced her to preform oral sex on him in 2004 – not being pursued by NYPD)
Jane Doe 1 (Claims she was sexally assaulted by Weinstein pre-2006 – not being pursued by NYPD)
Paz de la Huerta (Claims Weinstein raped her twice in 2010 – being pursued by NYPD and DA’s office)
LOS ANGELES POLICE DEPARTMENT
Italian model-actress (Claims Weinstein raped her at hotel in 2013)
Jane Doe 2 (Claims she was the victim of unknown Weinstein offense in 2015)
Jane Doe 3 (Claims Weinstein assaulted her in London during 80s)
Lysette Anthony (Claims Weinstein raped her in her London home in 80s)
Jane Doe 4 (Claims assualts in Camden and Westminster in 2010, 11 and 15)
Jane Doe 5 (Claims she was assaulted in Westmoreland in 1992)
Jane Doe 6 (Claims she was assaulted outside the UK in thew 80s)
Jane Doe 7 (Claims she was assaulted in Westminster in mid-90s)
Jane Doe 8 (Claims she was assaulted in Westmoreland in 1994)
Jane Doe 9 (Claims she was assaulted outside the UK in 1991)
‘She had known him for years because she met him when she was 14 years old when she did Cider House Rules, and she had seen him,’ said Filler.
‘She lived in the neighborhood in Tribeca, where he lives and right up the street from the Weinstein Company.’
Then, a decade after they met, the two ran into one another at a nightclub in the city, with Weinstein offering the actress a ride home.
De la Huerta was 25 at the time and Weinstein was 58.
When they got to the actress’ building, Weinstein tried to make his way into her apartment, despite her pleas that he leave for the night said her lawyer.
‘And they argued in front of the doorman. And as we’ve heard in the tape from the wire and from 2015 in New York [with Ambra Battilana], convinced her to let him in. And then, rape ensued.’
That was just the beginning though according to Filler.
‘And following that, he began to call her, repeatedly and saying, “I’m waiting at your home. I’m in your lobby. I’m parked out front. When are you coming home?” And the doorman would warn her. She would stay away,’ said Filler.
‘She was afraid to come home.’
Another incident followed a short time later in Los Angeles said Filler, who seemed to struggle with his appearance on ‘Today.’
‘She decided to confront him and tell him you’re a stalker. You raped me. You’ve got to stop. She confronted him in the hotel. She had come to meet him with some other people,’ said Filler.
‘And when she gave him the message. He exposed himself. And she left.’
‘This has been going on for two months. And she decided she was going to confront him. She was very upset. The whole period of stalking and not being able to come home, day after day, really had tremendous impact on her.’
De la Huerta said on Thursday that Weinstein first raped her in October 2010, claiming that he joined her for a drink at her apartment after the two ran into one another at the Standard Hotel and then forced himself on her despite her protests.
‘He stuck himself inside me,’ said de la Huerta, noting that she was ‘afraid and ‘it all happened very quickly.’
She also stressed that it was non consensual.
‘When he was done he said he’d be calling me. I kind of just laid on the bed in shock said the actress.
The second incident happened two months later when Weinstein came to her apartment after she had been drinking claims de la Huerta, who said she was therefore unable to give consent.