As the police and prosecutors investigated the model’s allegations, the movie mogul set in motion a team of top-shelf defense lawyers and publicists to undermine her credibility.
.. Stories questioning her motives popped up in the tabloids with anonymous sources. Mr. Weinstein’s team even enlisted the help of a former Manhattan sex crimes prosecutor turned novelist with influential ties.
.. In the end, the Manhattan district attorney, Cyrus R. Vance Jr., announced he would not press charges. Once the criminal case was closed, Mr. Weinstein silenced Ms. Battilana with a substantial payment.
.. The case demonstrates how Mr. Weinstein, with ample funds and influence, was able to assemble a counterstrike against the sex crime investigation using the weapons available to the powerful. It also highlights the challenges such cases pose, even for the vaunted Manhattan district attorney’s office
.. The case demonstrates how Mr. Weinstein, with ample funds and influence, was able to assemble a counterstrike against the sex crime investigation using the weapons available to the powerful. It also highlights the challenges such cases pose, even for the vaunted Manhattan district attorney’s office
.. Mr. Vance, who is running unopposed for a third term, said the evidence was not strong enough to win a conviction, despite the audio recording. “If we had a case that we felt we could prosecute — that my experts felt we could prosecute — we would have,” he said.
.. As his tone grew belligerent, a detective, concerned for Ms. Battilana’s safety, intervened. Pretending to be a reporter from TMZ, he loudly badgered Mr. Weinstein for an interview, causing enough of a scene for Mr. Weinstein to retreat from the hallway, investigators said.
Once they were back downstairs, Ms. Battilana slipped out a side door, and Mr. Weinstein was once again confronted by a detective. This time, the detective made it known he was from law enforcement, and that the police wanted to talk to him.
.. The Times found that in at least seven other cases, he had quietly made payments to female accusers in exchange for their silence
.. Mr. Weinstein, meanwhile, appeared determined to stay as far away from court as possible. He denied any wrongdoing and quickly retained Elkan Abramowitz, a former law partner of Mr. Vance, as well as Daniel S. Connolly, another former prosecutor turned white-collar defense lawyer.
.. Linda Fairstein, a former Manhattan sex crimes prosecutor who had once written an article in Vanity Fair about her dream of doing a movie deal with Mr. Weinstein, agreed to consult. She was a close friend of Martha Bashford, head of the district attorney’s sex crimes bureau, and facilitated an introduction for Mr. Abramowitz.
.. “Calling Ms. Bashford to tell her who Elkan was and to ask her to consider meeting with him is the kind of thing I do four to six times every year,” said Ms. Fairstein, who said she had determined Ms. Battilana’s complaint was unfounded.
.. The influential public relations strategist, Ken Sunshine, known for his bare-knuckled tactics, put out statements on Mr. Weinstein’s behalf. And the tabloids ran stories suggesting she was selling her story for $100,000 and had tried to use the groping allegation to blackmail him. Mr. Weinstein planted stories to sow doubts about her credibility, said someone familiar with the efforts who spoke on the condition of anonymity.
.. “These types of matters are considered in two forums; one is the court of law, but probably the more important forum is the court of public opinion,” said Mr. Heller, who represented Ms. Battilana for a few days before being replaced by another lawyer, David Godosky. “They tried to spin an opinion in court of public opinion in a way that would break her down and make her go away.”
.. It arrived several years after Mr. Vance had drawn criticism for the way he handled a case involving another powerful man, Dominique Strauss-Kahn, the managing director of the International Monetary Fund, who was accused of sexual assault of a hotel maid in 2011.
.. In the case of Mr. Weinstein, police recording equipment had failed, but Ms. Battilana had captured the entire conversation on her telephone, including his admission that he had grabbed her breasts, investigators said. Security cameras had caught video of Ms. Battilana leaving Mr. Weinstein’s office looking distraught
.. Ms. Battilana had gotten Mr. Weinstein to acknowledge that he had touched her breasts, but she had not brought up her claim that he put his hand up her skirt. Prosecutors saw this as a problem, the officials said.
.. Mr. Vance could have moved forward with the case. “The idea that Weinstein’s criminal intent was unprovable because of his stated ‘professional need’ to personally inspect her breasts doesn’t pass the laugh test,”
.. He paid her a sizable sum, according to two people familiar with the confidential payment. In exchange, she made a legally binding promise to never speak of their encounter again.
.. Ms. Battilana, who declined an interview request, recently told Italy’s La Repubblica newspaper that she struggled to get work after the case was over and that the fashion world closed its doors on her.
“What happened to me really put my view of the world to the test,” she said.
With a flood of accusers coming forward, she said she hoped that it “will bring me justice.”