Bolden said his client is innocent and has no plans to accept the plea. “The fight has just begun,” Bolden said. If convicted, Haynesworth could face up to 180 days in jail and a $1,000 fine.
The court documents provide the first detailed account of the alleged Feb. 12 incident. According to the documents, the waitress, a full-time college student, works at the P.O.V. Roof Terrace and Lounge at the W Hotel, 515 15th St. NW. The waitress, who is not identified, was working a private birthday party attended by Haynesworth.
Near the end of the party, as the waitress was cleaning tables and had dirty plates in both her hands and on her arms, Haynesworth motioned her over so he could settle the bill, the court documents say. The waitress said she needed to put the plates down, but Haynesworth insisted on paying immediately.
Haynesworth then put his debit card down the waitress’s bra and allegedly began moving his hand toward her breast while holding the card, 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 breast.
After Haynesworth put his debit card in the waitress’s bra, an unidentified witness at the party told authorities, Haynesworth told her, “I’m just going to put my card right here.” The waitress allegedly nodded her head in agreement. The witness then heard the waitress sternly tell Haynesworth to remove his hand from her bra.
The bill for the evening was $811.23, which included a 20 percent tip, according to court documents. When the waitress tried to run Haynesworth’s debit card, it was rejected. She handed the card to another employee to return to Haynesworth; he produced another debit card, which cleared.
In an interview with hotel security after the incident, Haynesworth denied touching the waitress and abruptly left the hotel. Hours later, Haynesworth returned to the hotel and met with D.C. detectives.
Haynesworth said the waitress, who is African American, made up the allegations because she was angry that he dated outside his race. “I know what this is about,” he allegedly told the detective. “She is just upset I have a white girlfriend. I couldn’t tell you the last time I dated a black girl.
“She was trying to get with me,” he allegedly told the detective. “I don’t even like black girls,” he allegedly told a hotel security officer.
Bolden said he could not confirm those statements and challenged “the veracity” of the comments.
Haynesworth, Bolden said, was being targeted because of his celebrity status. “If he wasn’t Albert Haynesworth, this case would not have gone to the U.S. attorney’s office or the grand jury,” Bolden said. “He’s a walking target for the W employees, the media and the U.S. attorney.”
Haynesworth is scheduled to be arraigned May 10.
Recently, Haynesworth was charged with assault in connection with an alleged road rage incident Feb. 2 on the Fairfax County Parkway in Reston. A driver accused Haynesworth of hitting him while he was sitting in his car. The trial on that charge is scheduled for May 26 in Fairfax County General District Court.