Time’s Up calls on New York governor to investigate ‘mishandling’ of 2015 case against Harvey Weinstein

The Time’s Up legal fund, established in the wake of the #metoo social movement to advocate for workplace gender equality, has called on New York Governor Andrew Cuomo to investigate the state’s district attorney for his handling of a 2015 case against former Hollywood producer Harvey Weinstein.

The group wrote an open letter to several media organisations regarding a case involving Filipina-Italian model Ambra Battilana Gutierrez. The letter alleged that District Attorney Cyrus Vance “could have been improperly influenced by Mr Weinstein and/or his representatives” and asked that “reports that the New York Police Department chose to isolate Battilana from [Mr] Vance’s staff because they feared his office was actively working to discredit her story” be investigated immediately.

In 2015, Ms Gutierrez went to police after she said Mr Weinstein had groped her breasts during one of their meetings. She was given the wire to wear in order to get him to confess to the crime. In audio, revealed in the New Yorker’s initial story on Mr Weinstein’s alleged behaviour, he said it was something he was “used to” doing.

Mr Weinstein has repeatedly denied any allegations of wrongdoing. He has been accused by several women - including actresses Selma Hayek, Ashley Judd, and Lupita Nyong'o - of sexual harassment or abuse.

"We are concerned that what appears to be the negative relationship between the sex crimes unit of the Manhattan District Attorney’s Office and the Special Victims Unit of the NYPD makes it even less likely that victims who have been assaulted by rich or powerful men will be willing to come forward and that their assailants will be prosecuted and convicted," the letter read.

The International Business Times reported in October 2017 that Mr Weinstein’s lawyer, David Boies, had contributed $10,000 to Mr Vance’s campaign after the DA decided not to file charges against the former Miramax film studio executive.

A spokesperson for Mr Boies said in a statement that Mr Boies “was not Mr Weinstein's lawyer on the case that was in front of the DA's office. Mr Boies has been a long time supporter of [Mr] Vance, both well before 2015 and well after. His contributions, like those of any other contributor, do not and never will influence the work of the DA's office”.

Mr Vance's office tweeted a statement that said "the idea that our Office would shrink from the challenge of prosecuting a powerful man is belied by our daily work and unparalleled record of success on behalf of sexual assault survivors".

"Police evaluate arrests based on probable cause, whereas prosecutors must make sure they can prove to a jury that every element of a criminal statute was violated beyond a reasonable doubt," the office said as an explanation for why there was a disparity between police action in Ms Gutierrez complaint and Mr Vance's action on it.

"Given the multitude of credible reports of Mr Weinstein’s behaviours after the DA’s decision not to prosecute in this case,” Times Up wrote, “arguably his continued victimization of others could have been avoided”.

After Mr Vance had declined to file a case, Ms Gutierrez signed a non-disclosure agreement with Mr Weinstein’s legal team.

The group also wrote in the letter: “There will only be real consequences for abusive behaviour when our public officials, sworn to uphold the law, care as much about the rights of the victim as concerns for the accused”.

Time's Up is an initiative and legal defence fund set up with the support of 300 women in the entertainment industry but also aims to assist all types of working-class women combat sexual harassment, misconduct, and exploitation as well as tackle equal pay issues.