The guard later told one of Bolden’s private detectives that the contact was “consensual” and that he was offered $50,000 to testify on behalf of the waitress by a man who introduced himself as the alleged victim’s representative, according to a sworn statement by the security guard that was taken by Bolden’s investigator. No private attorney is listed as working with the woman in court filings, and U.S. Attorney spokesman Bill Miller declined to comment.
The trial is scheduled to begin Tuesday in D.C. Superior Court. Haynesworth, who the Redskins traded to the New England Patriots in July, was charged with one count of misdemeanor sexual abuse after prosecutors alleged he “inappropriately” touched the woman’s breast while paying his bill at the W Hotel’s P.O.V. Rooftop and Terrace Lounge early in the morning of Feb. 13.
Haynesworth has pleaded not guilty in the case. Prosecutors had offered to dismiss the misdemeanor sexual abuse charge if he would plead guilty to simple assault, but Bolden rejected the deal.
Bolden also included an affidavit from the waitress’s supervisor at the W Hotel — in which the supervisor said he noticed the waitress hug, flirt and dance with guests on “several” occasions — in his filings. The supervisor also said he “talked” to her about her behavior and told her to “relax a bit” because the behavior was “inappropriate,” the filing said.
The manager also said in the affidavit that the waitress looked “visibly upset” after the alleged incident. She told her supervisor that she nodded her head when Haynesworth asked if he could place his credit card in her blouse, the manager said in the affidavit, but that the player had “taken it too far.” He said the waitress began crying and she told him she wanted to call the police.
Bolden wrote that he believed testimony from several of the witnesses would either prove Haynesworth did not sexually assault the waitress or that she consented.
The trial is scheduled to start a few days before the Patriots’ third of four preseason games. Haynesworth will be in court for the trial, according to his agent, Chad Speck, who said the Patriots were aware of the case before trading for him. “This case would have never seen the inside of a courtroom if this didn’t involve Albert Haynesworth,” Speck said.
According to police charging documents, the waitress had dirty plates in both hands and on her arms when Haynesworth motioned her over so he could settle the bill. The waitress said she needed to put the plates down, but Haynesworth insisted on paying immediately.
Haynesworth then put his debit card down the woman’s bra and allegedly began moving his hand toward her breast while holding the card, court documents say. As he did so, according to the documents, he asked her, “Can I do that?” and “Is that okay?”
The waitress told him to stop, according to the documents, but Haynesworth continued to fondle her.
In his court filings, Bolden sought to have statements made by Haynesworth when he was being questioned by detectives and security officers in a private room at the hotel — which Bolden said were made before the player was read his rights — excluded from the trial.
Bolden specifically identified statements Haynesworth made alleging the waitress, who was African American, made up the allegations because she was angry that he dated outside his race. “She was upset I have a white girlfriend,” Haynesworth allegedly told a detective. “I couldn’t tell you the last time I dated a black girl.”
The statements, Bolden wrote, had nothing to do with the case. “These statements will serve no purpose other than to impair the search for the truth, harass, annoy or humiliate Mr. Haynesworth, improperly inflame the arbiter and unfairly prejudice Mr. Haynesworth’s defense in this action,” Bolden wrote.