Chief Assistant District Attorney Karen Friedman Agnifilo said in a statement tweeted out by Vance Tuesday afternoon, “If we could have prosecuted Harvey Weinstein for the conduct that occurred in 2015, we would have.” Friedman Agnifilo, Vance’s number two, went on to essentially blame the NYPD for not consulting prosecutors before conducting their operation, and as a result, not getting enough evidence for them to bring a case.
The Chief ADA’s statement said that the “controlled call and meeting” between Gutierrez and Weinstein that the police arranged was set up without prosecutors’ knowledge, so Vance’s Sex Crimes Unit didn’t have the chance to tell police what would have been sufficient to move forward with charges.
“While the recording is horrifying to listen to,” Friedman Agnifilo said, “what emerged from the audio was insufficient to prove a crime under New York law, which requires prosecutors to establish criminal intent.” She said that after the recorded conversation between Weinstein and Gutierrez took place, “Subsequent investigative steps undertaken in order to establish intent were not successful.” She added that there were also “other proof issues” that forced them not to press charges.