Paz de la Huerta and Harvey Weinstein
Mike Miller
November 30, 2017 10:40 PM

The Manhattan District Attorney’s office is pushing back on Paz de la Huerta‘s lawyer’s assertion that the ongoing rape investigation into Harvey Weinstein has “stalled.”

A spokesperson for the D.A.’s office says the characterization that the case has stalled is not accurate. They declined to comment further, explaining, “As this remains very much an active investigation, we will decline comment.”

De la Huera claims the disgraced producer raped her twice in 2010. Weinstein has previously said “any allegations of non-consensual sex are unequivocally denied by Mr. Weinstein.”

On Thursday, de la Huerta’s attorney Carrie Goldberg told CNN that the case has failed to progress despite investigators’ claims that there is enough evidence to present to a grand jury. Goldberg also said prosecutors have met with the actress twice and subpoenaed hundreds of financial, phone and therapy records.

“There’s a paralysis in this case,” Goldberg said. “It takes a huge emotional toll on a rape victim to have to rehash this. My client has put so much into this and if the case just gets dropped … that’s a real problem.”

The attorney said she believes the D.A. should move forward with a grand jury. “Detectives are completely satisfied that they have enough for probable cause and yet [Manhattan District Attorney] Cy Vance’s office won’t do it and, for as long as they don’t do it, then the answer is, ‘No, we’re not going to do it,’ ” she explained.

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“There’s not really more evidence the detectives can provide,” Goldberg added. “The prosecutors have enough. It’s sort of now or never. What are you waiting for?”

Police previously confirmed to PEOPLE that they have been able to corroborate aspects of de la Huerta’s story, found her claims credible and said that if the allegations were recent and the movie mogul were in New York, they would make the arrest.

However, they said since Weinstein is currently out of state and the allegations are years old, investigators still need to gather more evidence before seeking a warrant for Weinstein’s arrest. Weinstein is currently in Arizona getting treatment.

The Oscar-winning producer has been accused of sexual misconduct by over 50 women since The New York Times and The New Yorker documented decades of alleged sexual misconduct and sexual assault involving a number of women in detailed articles earlier this month.

In addition to denying any nonconsensual sex, Weinstein’s spokesperson has said “there were never any acts of retaliation against any women for refusing his advances.”

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