Harvey Weinstein will turn himself in on criminal sex charges in New York on Friday for 'forcing Lucia Evans to perform oral sex on him in 2004'
Harvey Weinstein is due back in court on Monday to be arraigned on a new indictment in his sexual assault case.
Monday's arraignment comes just three weeks ahead of his trial.
The indictment, which was returned by a grand jury, has not been publicly disclosed. It's not clear if additional charges will be brought against Weinstein or what it includes according to CNN.
Earlier this month, Weinstein took another 'L' after a judge ruled that a sex trafficking charge against the shamed Hollywood exec can proceed.
Weinstein's lawyers tried to appeal Judge Robert W. Sweet's ruling last August that the notorious Hollywood 'casting couch' — in which aspiring actors and actresses are promised valuable professional opportunities in exchange for sexual favors — could be considered a "commercial sex act," according to Fox.
The ruling stems from a civil lawsuit filed in fall 2017 by actress Kadian Noble who alleged Weinstein molested her and forced her into a bathroom. Weinstein then allegedly forced her to watch him masturbate after arranging a meeting with him in his hotel room in Cannes, France, to watch her demo reel.
NY Attorney General who sued Harvey Weinstein RESIGNS after 4 women accuse him of sexual harassment and physical assault - with one saying he dubbed her his 'brown slave'
Harvey Weinstein will turn himself in on Friday around the same time that the Manhattan District Attorney's office formally files charges against the mogul
A source with knowledge of the situation told DailyMail.com that grand jury voted to indict Weinstein on charges after hearing testimony last month
The Manhattan District Attorney's Office declined to comment on the case
Weinstein had been under investigation for sexually assaulting multiple women in New York, including Paz de la Huerta and Lucia Evans
An NYPD source told DailyMail.com that the charges are related to the Evans investigation
A source told DailyMail.com on Thursday afternoon that federal prosecutors have officially begun their probe into Weinstein
Weinstein is still married to his wife Georgina Chapman but the pair are close to finalizing their divorce. He has five children
Harvey Weinstein may finally be heading to prison.
Almost eight months after he was was first accused of sexual assault and rape by multiple women, a source tells DailyMail.com the embattled movie mogul is set to turn himself into police on Friday in NYC
This development comes after the Manhattan District Attorney faced growing backlash over his decision to not charge Weinstein, despite the NYPD stating multiple times since late October that there was enough evidence to seek an indictment.
There was no comment from the Manhattan District Attorney's office on Thursday, who had been given cases from the NYPD involving both Lucia Evans and Paz de la Huerta that officers felt were strong enough to go to trial.
An NYPD source told DailyMail.com that the charges are related to the Evans investigation, which took place in 2004 in New York.
There is no statute of limitations on rape, criminal sexual act or aggravated sexual abuse in the first degree in the state of New York.
The state legislature signed a bill eliminating a statute of limitations for first-degree sexual offenses back in 2006, having previously had a five-year statute for all rape and sexual assault cases.
At the same time, federal prosecutors have officially begun their probe into Weinstein a third source said on Thursday.
Gangs of New York: Harvey Weinstein (above on October 5, the day that the New York broke the story of his sexual misconduct) will turn himself in on Friday around the same time that the Manhattan District Attorney's office formally files charges against the mogul
Victim: Weinstein had been under investigation for sexually assaulting multiple women in New York, including Paz de la Huerta and Lucia Evans (above)
The NY Daily news was the first to report on Weinstein's plan to surrender to authorities.
Evans told The New Yorker back in October that Weinstein forced her to perform oral sex on him in 2004 at his office.
Evans (nee Stoller) was preparing for her senior year at Middlebury in 2004 when she met Weinstein at Cipriani in New York City.
She wanted to be an actress and gave the executive her phone number, eventually agreeing to come in and read for a female casting director at Weinstein's offices in Tribeca.
When she arrived however she was taken to meet Weinstein in a room with empty takeout boxes and exercise equipment.
The two spoke for a bit and then, according to Evans, Weinstein pulled out his penis and forced her to perform oral sex on him inside the office.
'I said, over and over, "I don’t want to do this, stop, don’t,"' said Evans.
'I tried to get away, but maybe I didn’t try hard enough. I didn’t want to kick him or fight him.'
Weinstein's size ultimately proved to be too much for Evans she claims, saying she eventually found herself completely helpless.
'I just sort of gave up. That’s the most horrible part of it, and that’s why he’s been able to do this for so long to so many women: people give up, and then they feel like it’s their fault,' said Evans.
Weinstein later acted as if nothing had happened she said, and began calling her at night to meet.
Evans said she repeatedly turned down the executive.
The repercussions from the incident last to this day however, with Evans saying she still had nightmares.
'I had an eating problem for years. I was disgusted with myself. It’s funny, all these unrelated things I did to hurt myself because of this one thing,' said Evans.
'I ruined several really good relationships because of this. My schoolwork definitely suffered, and my roommates told me to go to a therapist because they thought I was going to kill myself.'
Weinstein assembled a two-person legal team to defend himself against the claims made by Evans and de la Huerta last year.
'We do not believe an indictment of Mr. Weinstein is imminent. A formal presentation will be made on Mr. Weinstein’s behalf in the appropriate course of the investigation, and we strongly believe we will demonstrate that no criminal charges are warranted,' said his spokesperson at the time.
It was then noted that Blair Berk and Ben Brafman 'will be defending Mr. Weinstein in any matters in New York.'
Berk has previously defended celebrities including Lindsay Lohan, Mel Gibson and Darren Sharper, who was sentenced to 20 years in prison in 2016 after pleading guilty to drugging and raping three women.
Brafman recently represented Martin Shkreli and previously served as an attorney for for the late Michael Jackson.
Courting: It seems that the charges on Friday will be related to the Evans investigation, and that the de la Huerta (above in 2016) case will be pushed to federal court
Weinstein is accused of sexually assaulting de la Huerta on two occasions in New York, but has denied any and all allegations of non-consensual sex through his spokesperson.
The actress reported the incidents to authorities on October 25, and was found to be a strong and credible witness.
'I really can't comment but we'll move as fast as we can to resolve the outstanding issues,' said Vance at the time.
This has been a long time coming for members of the NYPD, who said in October they were ready to arrest the mogul.
Charges were never filed against Weinstein the last time he was investigated for assault in 2015 by the NYPD, despite police sources saying they thought there was enough evidence to indict the mogul after passing off the case to the district attorney's office.
Three days after meeting with Italian model Ambra Battilana at their office, a spokesperson for Manhattan District Attorney Vance announced that the probe into the incident did not find enough evidence to pursue a case.
Indicting: A source with knowledge of the situation said the grand jury voted to indict Weinstein on charges after hearing testimony last month (Cyrus Vance above)
'This case was taken seriously from the outset, with a thorough investigation conducted by our sex crimes unit,' said a spokesperson for the DA at the time.
'After analyzing the available evidence, including multiple interviews with both parties, a criminal charge is not supported.'
The New York Times revealed in October that Weinstein surrounded himself with a very connected team of litigators before learning that charges would not be pursued in the case.
He retained Elkan Abramowitz, a former law partner of Vance, and Daniel S. Connolly, who was also a former prosecutor.
Linda Fairstein came on as a consultant and introduced Weinstein's lawyer Abramowitz to Martha Bashford, the head of the district attorney’s sex crimes bureau.
'We have a credible and detailed narrative, and even though the incident occurred seven years ago there has been corroboration from a number of individuals,' said Chief of Detectives Robert Boyce weeks after the story broke.
He went on to say that investigators contacted the district attorney's office soon after they interviewed de la Huerta and 'started working the case together.'
'We have an actual case here, so we're happy with where the investigation is right now,' said Chief Boyce.
'Mr Weinstein is out of state we would need an arrest warrant, to arrest him. So right now we're gathering our evidence and we continue to do so, every day. So that's where we are in the case.'
Chief Boyce revealed during the conference that subpoenas have been issued, before adding: 'If this person was still in New York and it was recent we would go right away and make the arrest, no doubt. But we’re talking about a seven-year-old case. And we have to move forward gathering evidence.
Chief Boyce also made it very clear that de la Huerta was a strong witness, noting her 'ability to articulate each and every movement of the crime, where she was, where they met, where this happened and what he did.
The case was further bolstered because De la Huerta was the first victim who was allegedly assaulted by Weinstein after 2006, when New York did away with the statute of limitations in instances of rape, criminal sexual act or aggravated sexual abuse in the first degree.
The assaults alleged by the other two women took place before that law was changed, which means that even if the district attorney's office files charges against Weinstein in those cases they could be tossed out of court by a judge.
Chief Boyce seemed to suggest back in October that those probes have been put on hold while the focus turns to these women's allegations.
At the same time, the Manhattan District Attorney's office has assigned a senior sex crimes prosecutor to work on the case.
'As to others, I'm not going to close the door and say others wont come forward, but this is what we have right now, this is what we're moving forward with,' said Chief Boyce.
Weinstein was in Arizona however, where he has spent a great deal of his time since the scandal, flying out of New York less than 24 hours after the Times and New Yorker pieces were published online.
New York Attorney General Eric Schneiderman resigned from office on Monday
Two ex-girlfriends go on the record to accuse Schneiderman, 63, of violence
Michelle Manning Barish says he slapped and choked her without consent
Tanya Selvaratnam has similar story of violence and terror in the bedroom
Also claims he called her 'brown slave' and demanded to be called 'Master'
Another unnamed ex and a female attorney say he slapped and harassed
Schneiderman is a staunch Democrat and champion of the #MeToo movement
He authored laws with specific penalties for strangulation while in state senate
He denied all allegations of assault but admits he 'engaged in role-playing'
Tanya Selvaratnam also dated Schneiderman and has accused him of misconduct
Eric Schneiderman leads lawsuit against Trump over US census
She says that as they began dating, 'it was a fairy tale that became a nightmare'.
'The slaps started after we'd gotten to know each other,' she recalled. 'It was at first as if he were testing me. Then it got stronger and harder... It wasn't consensual. This wasn't sexual playacting. This was abusive, demeaning, threatening behavior.'
Selvaratnam, who is from Sri Lanka, claims that Scheiderman called her his 'brown slave' and demanded that she call him 'Master', slapping her until she complied.
She said that he also choked her, 'cutting off my ability to breathe'.
Like Manning Barish, Selvaratnam said that Schneiderman regularly consumed huge quantities of alcohol.
Schneiderman was an ally to Hillary Clinton and had sued Donald Trump over his Trump University, and his mood grew dark and despondent after Trump won the presidential election, Selvaratnam said.
The day before Trump's Inauguration, Selvaratnam said she rushed to the hospital after Schneiderman fell in a drunken stupor and cut his forehead, requiring stitches. A public appearance was canceled and the story at the time was that he'd fallen while running. Now a spokesman says Schneiderman 'fell in the bathroom while completely sober', but was embarrassed and so told staff he'd been running.
Selvaratnam's relationship with Schneiderman ended in the fall of 2017.
Ironically, given the stunning claims against him, Schneiderman authored New York's law against strangulation while in the state Senate.
AG Schneiderman discusses lawsuit against The Weinstein Company
His law created specific penalties for choking and targeted domestic abusers, for whom strangulation is known to often be a precursor to deadly violence.
Schneiderman has long been a vocal advocate for women's rights and a loud proponent of the #MeToo movement.
In February, Schneiderman filed a civil rights lawsuit against Harvey Weinstein and his company, after more than 80 women accused the film mogul of sexual misconduct.
'We have never seen anything as despicable as what we’ve seen right here,' Schneiderman said at the time.
Last month, he praised the New York Times and the New Yorker for the reporting that initially brought the allegations against Weinstein to light.
'Without the reporting of the @nytimes and the @newyorker—and the brave women and men who spoke up about the sexual harassment they endured at the hands of powerful men—there would not be the critical national reckoning underway,' Schneiderman wrote in a tweet.
Schneiderman is a longtime foe of Trump dating back to before he ran for president
He is also a committed foe of Trump who had attempted to change state law to allow him to prosecute any Trump campaign officials in the event they were pardoned by Trump.
Trump, either through insight or luck, appeared to predict Schneiderman's downfall in a 2013 tweet.
'Weiner is gone, Spitzer is gone,' Trump wrote in reference to two New York elected Democrats brought down by sex scandals: Anthony Weiner for sexting and Eliot Spitzer for frequenting prostitutes.
'Next will be lightweight A.G. Eric Schneiderman. Is he a crook? Wait and see, worse than Spitzer or Weiner,' Trump wrote.
The accusers against Scneiderman who came forward said they had long remained silent for fear of damaging the work was doing for leftist and feminist causes.
Ultimately, it was DailyMail.com's reporting on domestic abuse allegations against former White House Secretary Rob Porter that convinced Schneiderman's accusers to come forward, they said.
'After Rob Porter, I was struggling about whether to come forward. I felt guilt and shame that I was encouraging other women to speak out but wasn’t doing the same. I was a hypocrite. I was in tears,' said Manning Barish.
She and Selvaratnam both said that the decision to come forward was anguishing.
In a tweet shortly after the New Yorker published the report, Manning Barish wrote: 'After the most difficult month of my life-I spoke up. For my daughter and for all women. I could not remain silent and encourage other women to be brave for me. I could not...'