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In the recording, Weinstein can be heard admitting to previously groping Gutierrez. In the New Yorker piece, three other women also accuse Weinstein of rape.
Weinstein was recorded by the New York Police Department for a sting operation in 2015, according to TNY.
In the audio, Weinstein can be heard repeatedly asking Gutierrez to come into his bathroom for "a minute," to which she adamantly protests, saying that she "doesn't want to," and that she's "not comfortable."
Weinstein swears on his children that he's "not going to do anything," and adds that he's a "famous guy."
Gutierrez then asks Weinstein, "Why yesterday you touch my breast?" To which Weinstein replies, "Oh, please I'm sorry, just come on in, I'm used to that." Gutierrez can be heard refusing the producer over and over again. Weinstein asks her to stay for at least five minutes. "Don't ruin your friendship with me for five minutes," Weinstein warns her.
After two weeks of investigation on the case, the DA decided not to file charges, according to TNY.
"We had the evidence," an anonymous police source told TNY. "It's a case that made me angrier than I thought possible, and I have been on the force a long time."
The DA's office pointed TNY to a statement made at the time: "This case was taken seriously from the outset, with a thorough investigation conducted by our Sex Crimes Unit. After analyzing the available evidence, including multiple interviews with both parties, a criminal charge is not supported."
You can listen to the full audio clip here (Warning: Audio may be disturbing):