DA Vance Calls Weinstein Recording 'Sickening' But Defends Not Charging Him

Congressional Democrats, including Senate Minority Leader Chuck Schumer and Massachusetts Senator Elizabeth Warren, have given charities thousands of dollars in donations they had received from Weinstein. The Harvey Weinstein scandal has provoked a war of words between the DA's office and the New York Police Department over the last 24 hours.

Weinstein stands accused of rape by multiple women, according to an explosive new story by The New Yorker magazine. Instead, Weinstein was never charged.

"It's not whether people like Harvey or not", said Vance. Vance denied it had anything to do with campaign contributions from Weinstein's lawyer.

Despite the audio recording, the DA's office declined to pursue the case.

Weinstein says numerous accusations against him are false.

Representatives for both Vance and Boies say the attorney had no involvement and never contacted prosecutors in 2015 when police investigated a model's accusation that Weinstein grabbed her breasts during a meeting in NY.

Ambra Battilana Gutierrez in 2013. The investigation included recording an encounter in a hotel during which Weinstein apologized to the woman and tried to persuade her to come into his room.

"Why yesterday you touch my breast?" model Battilana Gutierrez, speaking with an Italian accent, is heard asking on the recording.

"Oh, please", Weinstein replied.

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"I'm not calling for his resignation yet but I think to me all elected officials owe it to New Yorkers to uphold the highest ethical standards", Quart said.

"I won't do it again", Weinstein responded.

Weinstein was questioned by police, but less than two weeks later, prosecutors said they would not charge him. "If we had a case that we felt we could prosecute and our experts felt we could prosecute Harvey Weinstein, we would have". Mr. Weinstein's pattern of mistreating women, as recounted in recent reports, is disgraceful and shocks the conscience.

"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. And our sex crime prosecutors made a determination that this was not going to be a provable case, and so the decision was made not to go forward".

"While the recording is horrifying to listen to, what emerged from the audio was insufficient to prove a crime under NY law, which requires prosecutors to establish criminal intent".

Fliedner once wrote an op-ed arguing that Donald Trump could be prosecuted over allegations of sexual assault over the years-even incidents which allegedly occurred outside the statute of limitations-based on the Molineux rule, which allows, "prosecutors [to] introduce evidence of other uncharged crimes or bad acts if it tends to establish motive, intent or absence of mistake or accident". "This, coupled with other proof issues, meant that there was no choice but to conclude the investigation without criminal charges".

Weinstein was sacked Sunday by the Weinstein Co., the studio he co-founded, three days after the bombshell New York Times expose alleged decades of crude sexual behavior on his part toward female employees and actresses, including Ashley Judd.

The NYPD, in its next statement, suggested police had turned over solid evidence to prosecutors.

The NYPD also issued a statement Tuesday saying the case was "carried out by experienced detectives and supervisors from NYPD's Special Victims Unit".

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