Filipina-Italian Model Goes Undercover to Record Harvey Weinstein in NYPD Sting

Filipina-Italian Model Goes Undercover to Record Harvey Weinstein in NYPD Sting
Heather Johnson Yu
By Heather Johnson Yu
October 10, 2017
Harvey Weinstein’s abusive history towards women has recently emerged, costing the high-profile film producer his position at his company, his marriage, and his public image. Allegations have come from A-List celebrities, such as Gwenyth Paltrow and Angelina Jolie, who have accused Weinstein of unwanted advances and sexual harassment.
via Wikimedia Commons / JJ Georges (CC BY-SA 3.0)
“I had a bad experience with Harvey Weinstein in my youth, and as a result, chose never to work with him again and warn others when they did,” Jolie told NY Times. “This behavior towards women in any field, any country is unacceptable.”
Weinstein’s modus operandi typically consisted of finding a young actress who had only a film or two under her belt and inviting her to a hotel room for “massages” or other inappropriate conduct. This was certainly the case in 2015, when Filipina-Italian model Ambra Battilana Gutierrez filed a complaint with the NYPD, stating Weinstein had fondled her breast.
via Instagram / ambrabgutierrez
The NYPD asked Gutierrez to wear a wire to elicit a taped confession of his perverted behavior; The New Yorker has obtained the audio recording and has released it to the general public.
Weinstein: “I’m telling you right now, get in here.”
Gutierrez: “What do we have to do here?”
Weinstein: “Nothing! I’m gonna take a shower, you sit there and have a drink. Water.”
Gutierrez: “I don’t drink.”
Weinstein: “Then have a glass of water.”
Gutierrez: “Can I stay on the bar?”
Weinstein: “No. You must come here now.”
Gutierrez: “No…”
Weinstein: “Please?”
Gutierrez: “No, I don’t want to.”
Weinstein: “I’m not going to do anything with you, I promise. Now you’re embarrassing me.”
Gutierrez: “I know, I don’t want to. I’m sorry, I cannot.”
Weinstein: “No, come in here.”
Gutierrez: “No, yesterday was kind of aggressive for me.”
Weinstein: “I know –“
Gutierrez: “I need to know a person to be touched.”
Weinstein: “I won’t do a thing.”
Gutierrez: “I don’t want to be touched.”
Weinstein: “I won’t do a thing, please. I swear I won’t, just sit with me. Don’t embarrass me in the hotel, I’m here all the time. Sit with me, I promise –“
Gutierrez: “I know, but I don’t want to.”
Weinstein: “Please sit there. Please. One minute, I ask you.”
Gutierrez: “No, I can’t.”
Weinstein: “Go to the bathroom.”
Gutierrez: “Please, I don’t want to do something I don’t want to.”
Weinstein: “Go to the bath — hey, come here. Listen to me.”
Gutierrez: “I want to go downstairs.”
Weinstein: “I’m not gonna do anything, you’ll never see me again after this, okay? That’s it. If you don’t — if you embarrass me in this hotel where I’m staying at –“
Gutierrez: “I’m not embarrassing you, it’s just that I don’t –“
Weinstein: “Just walk –“
Gutierrez: “I don’t feel comfortable.”
Weinstein: “Honey, don’t have a fight with me in the hallway.”
Gutierrez: “It’s not nothing, it’s –“
Weinstein: “Please, I am not gonna do anything, I swear on my children. Please come in. On everything. I’m a famous guy.”
Gutierrez: “I’m, I’m feeling very uncomfortable right now.”
Weinstein: “Please come in now, and one minute. And if you wanna leave, when the guy comes with my jacket, you can go.”
Gutierrez: “Why yesterday you touch my breast?”
Weinstein: “Oh please, I’m sorry, just come on in, I’m used to that. Come on. Please.”
Gutierrez: “You’re used to that?”
Weinstein: “Yes, come in.”
Gutierrez: “No, but I’m not used to that.”
Weinstein: “I won’t do it again, come on, sit here. Sit here for a minute, please?”
Gutierrez: “No, I don’t want to.”
Weinstein: “If you do this now, you will [unintelligible]. Now go. Bye. Never call me again, okay? I’m sorry, nice to have — I promise you I won’t do anything –“
Gutierrez: “I know but yesterday was too much for me.”
Weinstein: “The guy is coming. I will never do another thing to you. Five minutes. Don’t ruin your friendship with me for five minutes.”
Gutierrez: “I know, but, it’s kind of, like, it’s too much for me. I can’t.”
Weinstein: “Please, you’re making a big scene here, please.”
Gutierrez: “No, but I wanna leave.”
Weinstein: “Okay, bye. Thank you.”
After receiving the recording, the Manhattan District Attorney’s Office ultimately decided against prosecuting Weinstein, stating that they did not have enough evidence to make a case. “If we could have prosecuted Harvey Weinstein for the conduct that occurred in 2015, we would have,” Chief Assistant DA Karen Friedman-Agnifilo said, according to the NY Post.
“The seasoned prosecutors in our Sex Crimes Unit were not afforded the opportunity before the meeting to counsel investigators on what was necessary to capture in order to prove a misdemeanor sex crime,” she stated, explaining the reason why the DA office did not pursue legal action against Weinstein. “While the recording is horrifying to listen to, what emerged from the audio was insufficient to prove a crime under New York law, which requires prosecutors to establish criminal intent.”
“Subsequent investigative steps undertaken in order to establish intent were not successful. This, coupled with other proof issues, meant that there was no choice but to conclude the investigation without criminal charges.”
Feature Image via / (Left): Wikimedia Commons / JJ Georges (CC BY-SA 3.0) | (Right): Instagram / ambrabgutierrez
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