Latest Weinstein Allegations Could Lead To Arrest
CHRISTI PAUL, CNN ANCHOR: Good morning to you, I'm Christi Paul.</s>MARTIN SAVIDGE, CNN ANCHOR: And I'm Martin Savidge in for Victor Blackwell.</s>PAUL: President Trump is waking up in Hawaii this morning, he's going to begin at high-stakes Asia tour hear leaving for Japan today. The first stop there on his 12-day, five-nation trip, that's where he's going to be meeting with the Japanese Prime Minister. And on a -- the docket certainly is North Korea.</s>SAVIDGE: But of course the President's travels come amid the ever- widening Russia probe and his mounting public criticisms of the Justice Department. But yesterday he and the First Lady paid respects at Pearl Harbor, they laid a wreath inside the USS Arizona memorial. And they tossed flower petals into the water and then, took a tour of the site. More than 60 women have made assault or harassment accusations against movie mogul, Harvey Weinstein. But now, one case, in particular, may make a difference in bringing the suspected serial predator to justice. A New York police source says the allegations from this actress Paz de la Huerta could result in the first criminal charges. That's from our Brynn Gingras who is on this case and has more about it. Brynn?</s>BRYNN GINGRAS, CNN NATIONAL CORRESPONDENT: Christi, Martin, there are open investigation against Harvey Weinstein in New York, L.A., and London. But now the NYPD says it has a case that could actually put Weinstein behind bars.</s>GINGRAS: A New York Police Department source says, this is the strongest chance of bringing criminal charges against Hollywood producer, Harvey Weinstein. ROBERT BOYCE, ASSISTANT CHIEF, ?</s>DETECTIVE BOROUGH BRONX: We have an actual case here.</s>GINGRAS: 33-year-old actress Paz de la Huerta best known for her role in Boardwalk Empire --</s>GINGRAS: -- says Weinstein raped her on two separates occasions in late 2010. Detectives say she's credible because --</s>BOYCE: The ability to articulate each and every movement of crime, where she was, where they met, where this happened, what he did.</s>GINGRAS: de la Huerta tells CNN, she first met Weinstein when she was 14 acting inside her house rules, a movie he produced. So 12 years later, when Weinstein offered to give her a ride home from a club, she says she didn't feel uncomfortable until they were in her New York City apartment. She told CNN her story on the phone.</s>DE LA HUERTA (via telephone): He pulled my slip dress up and he unzipped his pants and he -- yes, he raped me.</s>GINGRAS: de la Huerta says it happened again nearly two months later.</s>DE LA HUERTA (via telephone): The first time I was in just complete shock and it just happened so quickly. The second time, I was terrified of him, in a million ways that I knew how to say no, said no.</s>GINGRAS: Weinstein's representative did not respond to CNN's request for comment regarding de la Huerta's allegations. But through a spokeswoman, he has repeatedly denied any allegations of nonconsensual sex. More than 60 women have accused the movie mogul of sexual harassment or assault. And NYPD source says the department's rape hotline has fielded dozens of calls about Weinstein. But de la Huerta's case stands out because it fits within the statute of limitations.</s>BOYCE: This person was still in New York and it was recent, we should make way to make the arrest, no doubt. But we're talking about 7- year-old case and we have to move forward in gathering evidence.</s>GINGRAS: de la Huerta says she's been working with police and the Manhattan District Attorney's Office on gathering evidence, including accounts from her friend and a therapist who she confided in after the alleged attacks. The D.A.'s office would only say, a senior sex crimes prosecutor is assigned to this investigation.</s>DE LA HUERTA (via telephone): I'd like to see him go to jail and I think he's a rapist. He's gotten away with it for too many years, it would be nice to imagine that justice exists.</s>GINGRAS: Earlier this week I reported the source said, they have one other open case against Weinstein in New York. Christi and Martin?</s>PAUL: Brynn, thank you so much. So, let's get the legal aspect of this with CNN Legal Analyst Page Pate. Stick in around a lot of -- well, a lot of discussions today, I know a lot to discuss today. So, first of all, without physical evidence in this particular -- in this particular case, what is the most valuable element for New York prosecutors?</s>PAGE PATE, CNN LEGAL ANALYST: The testimony of the victim. A lot of people don't realize this, but in most rape prosecutions, sexual assault prosecutions, there usually isn't any physical corroborating evidence. I mean, if it's something that happened within the last 12, 24 hours, they may be able to do a rape kit at the hospital. They may be able to collect physical evidence to corroborate the victim's testimony. But especially when we're talking about a historical case, a case that goes back several years. You're usually just going to have the victim's testimony, so it's going to be a she said, he said type of situation.</s>PAUL: The last we heard, Harvey Weinstein, I believe was in Arizona seeking treatment is what his people said. If he is out of State, how does New York get him back if charges are filed?</s>PATE: Well, it's simple. It takes some time. They have to first get an arrest warrant from a judge in New York, then they have to seek extradition from Arizona. So, they'll send that warrant to the authorities in Arizona. They will arrest him in Arizona, hold him there, have a brief hearing, a short hearing and then move him back to New York to face the charges.</s>PAUL: We keep hearing him saying, you know, his contention is that any allegations of nonconsensual sex were wrong.</s>PATE: Sure.</s>PAUL: If his defense that he thought it was consensual? Is that all he's got?</s>PATE: It sounds that way. And again, that's commonly the defense you have in these cases because you don't want to try to say, well, I wasn't with her at this time because there'll probably be witnesses or other evidence that can document that they were together. So, it is common, in fact, if not the most common -- one of the most common defenses is, yes, we did it, but she wanted to do it. And so, consent becomes a major issue in almost any sexual assault case.</s>PAUL: Of course, that we're hearing this morning that Netflix is not going to be involved with any further production of "house of cards" that includes Kevin Spacey as all the news, a news come out about sexual harassment and assault allegations against him in the last week. He is seeking unspecified treatment. I don't know what that means. Do you have any idea what that means and does it make him vulnerable to lawsuits in some degree? Because he did get on Instagram and essentially apologize to one alleged victim this week.</s>PATE: Yes, yes, well, he is already vulnerable to lawsuits. I mean, the one protection that people like Kevin Spacey have is that most states have statutes of limitations for civil cases that are different for criminal cases. So, I believe in California the time period is like five years. So, if you don't file suit after the incident happens within that five year period, you can't ever sue him. But, some people still proceed with those cases thinking, well, he's a, you know, high profile guy, maybe he'll give me some money just to avoid having this play out in the media. A lot of times we'll see people who are in that position who think the civil suit's coming or maybe even a criminal charge trying to seek the treatment, the unspecified treatment. Which maybe he needs it, maybe it's beneficial, but I think it's more geared towards, look, if I had a problem I'm addressing it. And sometimes I can help you negotiate a criminal case as far as punishment, but not avoid it.</s>PAUL: All right, Page Pate, we so appreciate your insight --</s>PATE: Thank you, Christi.</s>PAUL: -- this morning on all things today. Thank you. All ready. Well, listen now we want to tell you about more sniper teams, observation teams, thousands of officers along a route here. We're talking about New York City. And the mayor there says tomorrow's marathon will go forward as planned despite the terror attack we saw earlier this week. Stay close.