In the public furor over revelations that Manhattan District Attorney Cyrus Vance Jr.’s office declined to pursue groping charges against Hollywood producer Harvey Weinstein, the office’s defense has rested largely on insufficiency of evidence claims.

In a statement released on Oct. 10, Chief Assistant DA Karen Friedman Agnifilo said that while the recording of Weinstein made by a victim working with the New York Police Department was “horrifying to listen to,” the office was ultimately unable to bring charges because “what emerged was insufficient to prove a crime … which requires prosecutors to establish criminal intent.”

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