Harvey Weinstein has assembled a two-person legal team to defend him against claims that he raped actress Paz de la Huerta.
Their job will be an easy one too, at least according to a spokesperson for the disgraced mogul, who said that they are certain there will be no formal charges pressed against Weinstein by a grand jury.
‘We do not believe an indictment of Mr. Weinstein is imminent. A formal presentation will be made on Mr. Weinstein’s behalf in the appropriate course of the investigation, and we strongly believe we will demonstrate that no criminal charges are warranted,’ said the spokesperson on Wednesday.
It was then noted that Blair Berk and Ben Brafman ‘will be defending Mr. Weinstein in any matters in New York.’
Berk has previously defended celebrities including Lindsay Lohan, Mel Gibson and Darren Sharper, who was sentenced to 20 years in prison in 2016 after pleading guilty to drugging and raping three women.
Brafman recently represented Martin Shkreli and previously served as an attorney for for the late Michael Jackson.
New team: Harvey Weinstein will be represented by attorneys Blair Berk and Ben Brafman in all New York legal matters going forward (Berk and Mel Gibson above in 2011)
Berk has previously worked with celebrities including Lindsay Lohan and Mel Gibson while Brafman recently represented Martin Shkreli (above in August)
NBC New York reported on Tuesday that the Manhattan District Attorney’s Office is looking to present a case next week to the the grand jury in hopes of indicting Harvey Weinstein on a number of charges stemming from his alleged rapes of actress Paz de la Huerta in 2010.
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.
Weinstein is still believed to be in Arizona, where he was pictured last week.
‘I really can’t comment but we’ll move as fast as we can to resolve the outstanding issues,’ said Cy Vance, almost three years after he decided not to prosecute Weinstein despite having audio of him admitting to an assault.
This latest development comes just five days after the NYPD said that they were close to arresting Weinstein.
‘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 of the work between his office and the NYPD.
Vance, who is up for reelection on Tuesday, also urged any victims to come forward and promised that their claims and allegations would be looked into by his team.
‘We do not believe an indictment of Mr. Weinstein is imminent,’ said a spokesperson
Charges were never filed against Weinstein the last time he was investigated for assault in 2015 by the NYPD, despite police sources saying they thought there was enough evidence to indict the mogul after passing off the case to the district attorney’s office.
Three days after meeting with Italian model Ambra Battilana at their office, a spokesperson for Manhattan District Attorney Vance announced that the probe into the incident did not find enough evidence to pursue a case.
‘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.’
The New York Times revealed last month 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 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 on Friday.
He went on to say that investigators contacted the district attorney’s office soon after they interviewed de la Huerta and ‘started working the case together.’
Keeping quiet:L ‘I really can’t comment but we’ll move as fast as we can to resolve the outstanding issues,’ said District Attorney Cy Vance (above)
‘We have an actual case here, so we’re happy with where the investigation is right now,’ said Chief Boyce.
‘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.
Bring him down: Paz de la Huerta (in 2011) filed a police report on October 25
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 on Friday 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 has 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 was spotted for the first time since he claimed to have entered rehab in Arizona last month as he grabbed some food with a male friend on Thursday.
The disgraced mogul, 65, was seen slurping on some soup at Chestnut, a farm-to-table restaurant in Phoenix.
Weinstein managed to keep a low profile throughout the meal 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.
Weinstein has been in Arizona for close to a month, where he reportedly attended a week of in-patient rehab at an undisclosed location and is now receiving out-patient treatment.
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.’
On Friday, de la Huerta’s lawyer Aaron Filler detailed his client’s experience with Weinstein on ‘Megyn Kelly Today.’
‘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.