The sexual assault case against Harvey Weinstein was roiled on Wednesday for the second time in a week by what New York City prosecutors said was a police detective's improper conduct.
Detective Nicholas DiGaudio, whose alleged witness coaching prompted the dismissal of part of the case last week, is now accused of urging one of Weinstein's accusers to delete material from her cellphones before she handed them over to prosecutors.
The Manhattan district attorney's office detailed the alleged misconduct in a letter to Weinstein's lawyer that was made public on Wednesday. The new allegations involve the detective's interactions with an unidentified woman who says Weinstein raped her in his Manhattan hotel room in 2013.
Weinstein's lawyer, Benjamin Brafman, pounced on the revelation, saying it "even further undermines the integrity of this already deeply flawed indictment of Weinstein."
Harvey Weinstein (L) exits New York City Supreme Court with attorney Benjamin Brafman (R) in New York, October 11, 2018. /VCG Photo
In her letter, Assistant District Attorney Joan Illuzzi-Orbon said that during the investigation, prosecutors asked the woman to hand in any mobile phones she might have used during the time when she interacted with Weinstein.
The woman was willing to do so, Illuzzi-Orbon wrote, but was worried that the phones contained, "in addition to communications with the defendant, data of a personal nature that she regarded as private."
She asked DiGaudio what to do. He advised her to delete anything she didn't want anyone else to see before handing over the phone, the prosecutors said.
"We just won't tell Joan," DiGaudio allegedly said.
Weinstein's lawyer Benjamin Brafman (R) speaks to the media outside criminal court in New York City, October 11, 2018. /VCG Photo
Illuzzi-Orbon said that the woman didn't delete any information and instead asked a lawyer for advice. The phones were turned over "without any deletions" Illuzzi-Orbon wrote.
The lawyer hired by the woman contacted the district attorney's office about the detective's conduct on October 10.
Weinstein was initially charged in New York with attacking three women. The part of the case involving one of those alleged victims, Lucia Evans, was dismissed last week after prosecutors said that DiGaudio had advised a witness to keep quiet about doubts whether Evans' alleged sexual encounter with Weinstein was consensual.
Three of the five remaining criminal charges against Weinstein stem from the alleged rape. Two other charges allege he performed a forcible sex act on a different woman in 2006.
Weinstein denies all allegations of non-consensual sex.
(Top Photo: Harvey Weinstein arrives at New York State Supreme Court in New York City, October 11, 2018. /VCG Photo)