Subpoena issued in Harvey Weinstein rape investigation

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 October 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.

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. — AP