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NYPD says it is building case for arrest of Harvey Weinstein

Weinstein rape allegations
Actress alleges Harvey Weinstein raped her twice: "I just froze in fear" 02:46

NEW YORK -- An actress' rape allegations against movie mogul Harvey Weinstein are credible, and investigators are gathering evidence for a criminal case, New York City police said Friday. 

Chief of Detectives Robert Boyce said Friday that investigators have interviewed actress Paz de la Huerta. In an interview with CBS News correspondent Jericka Duncan on Thursday, de la Huerta accused Weinstein of raping her twice in her apartment in 2010. 

Boyce said detectives found the "Boardwalk Empire" actress' story believable and corroborated portions of her account. 

Paz de la Huerta
Actress Paz de la Huerta attends an introduction to HEAVEN 2016 presented by The Art of Elysium and Samsung Galaxy on June 18, 2015, in Los Angeles, Calif. Getty

She called police on Oct. 26, he said. 

The factors that made her story credible included: "The ability to articulate each and every minute of the crime, where she was, where they met, where this happened and what he did," he said. 

An email message sent to Weinstein representative Sallie Hofmeister was not immediately returned. 

De la Huerta told CBS News that 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. "He pushed me on the bed ... and it happened all very suddenly," she said.    

She said the second rape occurred in December 2010 after Weinstein came to her apartment. De la Huerta had been drinking and was not in a condition to give consent, she told CBS News. 

Speaking at a police briefing Friday, Boyce said of Weinstein: "If this person was still in New York, and it was recent, we'd go right away and make the arrest. No doubt. But we're talking about a 7-year-old case. And we have to move forward gathering evidence first." 

Investigators could seek an arrest warrant, which requires a court order, or hand the evidence over to prosecutors to put the allegations to a grand jury to seek an indictment. 

The Manhattan district attorney's office said a senior prosecutor has been assigned to investigate allegations but didn't comment further. 

The investigation comes a month after The New York Times published an expose of sexual harassment allegations against Weinstein, leading to his firing from the company he co-founded and his expulsion from the organization that bestows the Academy Awards.

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