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Attorney: Subpoena too broad in Weinstein rape investigation

Last Updated Nov 11, 2017 at 11:00 am PST

This combination of two file photos shows actress Paz de la Huerta and film producer Harvey Weinstein. De la Huerta's attorneys say a subpoena in the Harvey Weinstein rape investigation requesting all medical treatment records from her therapist is too broad and she should have a chance to review them before turning it over to prosecutors. De la Huerta told police on Oct. 25, 2017 the Weinstein raped her twice in 2010. (AP Photo/Omar Vega, de la Heurta; Jordan Strauss, Weinstein)

NEW YORK, N.Y. – A subpoena in the Harvey Weinstein rape investigation requesting all medical treatment records from a therapist for “Boardwalk Empire” actress Paz de La Huerta is too broad and would be embarrassing and damaging to her, her lawyers said in court papers.

De la Huerta told police on Oct. 25 the media mogul raped her twice in 2010. The Manhattan District Attorney’s office has subpoenaed her therapist in the case; the therapist told Vanity Fair she recalled de la Huerta telling her about the sexual assaults. But the subpoena seeks “any and all medical treatment records” from the therapist, both handwritten and typed.

Her lawyers argued the information is protected by doctor-client confidentiality laws and she should have the opportunity to review the records before anything is turned over. They also argued the request sought too much information beyond just the 2010 allegations.

“Ms. de la Huerta’s communications with her psychologist include information about subjects and individuals completely unrelated to the grand jury focused on the sexual assaults alleged,” lawyer Alex Straus wrote. The disclosure of the records could inadvertently reveal sensitive and embarrassing information of other people, plus they could exacerbate the humiliation she already feels after being raped by Weinstein, the documents said.

A judge was scheduled to hear the motion Wednesday. The motion was first reported by the Daily News of New York.

Weinstein, 65, has denied all accusations of non-consensual sexual contact. His publicists have said his lawyers do not believe an indictment is imminent and they will be making formal presentation on his behalf.

More than 75 women have publicly accused Weinstein of inappropriate behaviour ranging from requests for massages to intimidating sexual advances to rape. The disclosures come after The New York Times and The New Yorker published exposes of sexual harassment allegations against Weinstein, leading to his firing from the film production company he co-founded.

De La Huerta, 33, detailed the accusations in Vanity Fair and CBS, and said the first rape occurred in October 2010 after Weinstein gave her a ride home from a party, insisted on having a drink in her apartment and forced himself on her. She said the second rape occurred in December 2010 after Weinstein came to her apartment; she had been drinking and was not in a condition to give consent.

She was interviewed by police who said her story was credible, in part because she was able to recount specific details on numerous occasions and because it was corroborated by at least two people. Police and prosecutors are gathering evidence to put before a grand jury, which could choose to indict Weinstein. Police in London, Los Angeles and Beverly Hills, California are also investigating potential criminal charges.

De La Huerta retained a new lawyer who will be proceeding with the case; she didn’t comment on the motion. The DA’s office told the Daily News it was not yet formally notified of the filing.

The Associated Press does not typically identify people who say they are victims of sexual assault unless they speak publicly, which de la Huerta has done.