Sexual Misconduct Weinstein

Harvey Weinstein departs a Manhattan courthouse for his rape trial on Wednesday.

The New York County District Attorney’s Office sent an affidavit to the Ninth Judicial District in Colorado — specifically to Pitkin County — alerting that an Aspen woman is “material and necessary to the present criminal matter, based upon the court’s ruling.”

That criminal matter is the Harvey Weinstein trial.

“At the trial ... Tarale Wulff testified that her conversations with [local woman] refreshed her recollection about the timing of her interactions with the defendant, including the year that he sexually assaulted her,” the affidavit reads. “Based on the defense’s application, the court found [local woman] to be a necessary and material witness and has directed the prosecution to make her available to the defense to call as a witness.”

Wulff, a model, testified on Jan. 29 that in 2005 — when Wulff was a waitress and aspiring actress — Weinstein sexually assaulted and then subsequently raped her. According to court documents, the New York County District Attorney’s Office anticipated the defense’s case would begin Feb. 6, at which time the affidavit required the local woman named in Wulff’s testimony to be present for her own testimony.

The problem, however, is that the local woman in question had not received the subpoena. As of Wednesday evening, she was still in Aspen.

“They’ve never communicated any of that to us,” her husband said of the court’s order that his wife travel to New York. “Basically, she did one phone call to just share whatever she could vaguely remember from the circumstance many years ago. It sounds like the attorney may have tried to follow up, but they’ve never spoken again. There’s no travel dates or court dates or anything that’s been coordinated. None of that exists yet.”

It was Tuesday that Pitkin County District Court Judge Chris Seldin signed the summons.

“The Court, having found that the certificate of the New York Supreme Court so recommends, hereby orders the material witness [NAME] to appear in New York beginning on February 06, 2020, and as thereafter ordered by the court in New York County, Supreme Court for the State of New York,” the order reads. “The New York County District Attorney’s Office … shall arrange for the transportation, accommodations and meals for the witness at the expense of the prosecutor.”

The New York affidavit references the call between the district attorney’s office and the local woman, stating “indeed, in the phone conversation on January 31, she agreed to come, if necessary, and did not cite any hardship that it would cause.”

Her husband reflected on Wednesday that his wife would of course comply with any court order, but reiterated his surprise that her presence had indeed been found necessary.

“At some point, it sounds like that’s going to happen, but that's not happening tomorrow," he said.

Megan Tackett is a reporter for the Aspen Daily News. She can be reached at megan@aspendailynews.com or on Twitter @MeganTackett10.