Manhattan D.A. Defends Decision Not to Prosecute Weinstein in 2015

WNYC News | Oct 11, 2017

As dozens of allegations of sexual assault and sexual harassment continue to emerge against movie producer Harvey Weinstein, Manhattan District Attorney Cy Vance defended the decision not to prosecute a case against him in 2015.

Vance acknowledged the disturbing nature of audio that's emerged from that case, from a model who wore a wire as part of an NYPD sting. But he said he and fellow prosecutors in his office's Sex Crimes Unit determined the case against Weinstein wasn't provable at the time.

"If we had a case that we felt we could prosecute, and my experts felt we could prosecute against Harvey Weinstein, we would have," he said, speaking after a conference on crime at John Jay College of Criminal Justice. "We take on many, many, many difficult sex crime prosecutions with individuals irrespective of their background or money."

In a statement released Tuesday, Chief Assistant D.A. Karen Friedman Agnifilo said Vance's office wasn't contacted by the NYPD as part of the sting. "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," she said. "Subsequent investigative steps undertaken in order to establish intent were not successful."

Vance's office is still encouraging those who believe they've been victimized by Weinstein to contact his office.

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