Manhattan D.A. blames NYPD for failure to prosecute Harvey Weinstein after sex sting tape

Embattled Hollywood heavyweight Harvey Weinstein was apparently given the same type of  “get out of jail free” card as Hillary Clinton, the woman he spent years fundraising for.

In a statement, the Manhattan district attorney’s office has laid the blame for its failure to prosecute Harvey Weinstein on the NYPD.

Audio released by The New Yorker published on Tuesday showed that Cyrus Vance Jr., the Manhattan district attorney, had evidence that Weinstein was a sexual predator and chose to do nothing about it.

“If we could have prosecuted Harvey Weinstein for the conduct that occurred in 2015, we would have. Mr. Weinstein’s pattern of mistreating women, as recounted in recent reports, is disgraceful and shocks the conscience. Any individual who feels that she may have been the victim of a crime by this person in Manhattan is strongly encouraged to contact our Office’s Sex Crimes Hotline at (212) 335-9373,” the D.A.’s statement read.

“After the complaint was made in 2015, the NYPD – without our knowledge or input – arranged a controlled call and meeting between the complainant and Mr. Weinstein. The seasoned prosecutors in our Sex Crimes Unit were not afforded the opportunity before the meeting to counsel investigators on what was necessary to capture in order to prove a misdemeanor sex crime. While the recording is horrifying to listen to, what emerged from the audio was insufficient to prove a crime under New York law, which requires prosecutors to establish criminal intent. Subsequent investigative steps undertaken in order to establish intent were not successful. This, coupled with other proof issues, meant that there was no choice but to conclude the investigation without criminal charges,” it said.

The incident in question occurred when model Ambra Battilana Gutierrez went to the NYPD after Weinstein allegedly assaulted her, by putting his hand up her skirt and groping her breast.

The department asked her to wear a wire and meet with Weinstein the next day.

In the audio obtained from that wire, Weinstein seemed to admit to, and apologize for, groping her.

But then he begged her to sit in his hotel room with him and promised he would not touch her again.

“Oh, please, I’m sorry, just come on in,” he can be heard saying. “I’m used to that. Come on. Please.”

“You’re used to that?” Gutierrez responded.

“Yes,” he said before promising, “I won’t do it again.”

According to The New Yorker, after Gutierrez went to the police to report Weinstein, gossip about her sexual history began to hit the tabloids. A tactic Weinstein bragged about using, according to sources.

But she was unable to provide further comment as she had signed a “nondisclosure agreement with Weinstein, including an affidavit stating that the acts Weinstein admits to in the recording never happened” in exchange for a financial settlement.

As far as not prosecuting Weinstein, many on social media did not believe the D.A.’s story.

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