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Documents give details

Haynesworth sexual assault trial Aug. 23

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By Amalie Benjamin
Globe Staff / July 30, 2011

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FOXBOROUGH - Albert Haynesworth, the defensive lineman recently traded to the Patriots, brings to New England a big body, an enormous amount of talent, and a checkered past that includes stomping on the head of Cowboys center Andre Gurode in 2006, an out-of-court settlement for an incident of road rage that led to misdemeanor assault charges, and an impending trial on misdemeanor sexual abuse charges.

It’s the last one, stemming from an alleged assault Feb. 13 in Washington, D.C., that could directly affect his time in New England.

If convicted, Haynesworth faces up to 180 days in jail and a fine of up to $1,000, according to court documents.

His trial is set to begin Aug. 23, less than a month after his arrival in New England, with the Patriots sending a 2013 fifth-round draft pick to the Redskins in exchange for the lineman. Haynesworth’s time in Washington, which began when he signed a contract worth $115 million over seven years in 2009, was marked by on- and off-field issues, and ended with a four-game suspension for conduct detrimental to the club.

And that came before the alleged sexual assault, which led to his April 26 indictment.

The incident occurred early on the morning of Feb. 13, when Haynesworth allegedly fondled a then-23-year-old waitress while at the rooftop lounge of the W Hotel and attending a private birthday party in a cordoned-off section of the P.O.V. Lounge at the hotel, according to court documents.

Between 1:30 a.m. and 2 a.m., according to the same documents, the waitress, a college student, was clearing plates while waiting for Haynesworth and his party to pay a bill.

He motioned her over. As her hands were full, she offered to drop off the dishes and come back for payment. He insisted that he wanted to pay immediately, and placed the debit card down her blouse, between her bra and skin.

While still holding the card, Haynesworth moved his hand toward her breast, smiled, and said words to the effect of, “Can I do that?’’ or “Is that OK?’’ The waitress said she told him to stop, according to the court filings, but he continued to move his hand onto her breast and fondled her.

The documents list a witness who said that, initially, the waitress nodded to allow Haynesworth to put the card in her shirt, but said her tone changed and she told him to remove his hand from her shirt.

Haynesworth’s debit card was declined at approximately 1:58 a.m., and the waitress sent another server to obtain a valid card.

She had no further contact with him, according to the filings, and the second debit card was used to pay the bill of $825.53, which included a 20 percent tip, at 2:03 a.m.

A security officer questioned Haynesworth after the incident. When asked if he remembered having any contact with the server, Haynesworth responded by saying, “I didn’t touch her,’’ according to the filings. He continued by saying that the waitress had been “a little black girl,’’ and that he “don’t even like black girls.’’ He then left the W Hotel.

Upon returning later to talk to police officers, who took their report at 5:15 a.m., Haynesworth said, “I know what this is about, 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.’’

Haynesworth did not say anything more to the police.

The US Attorney’s office offered a plea deal, in which Haynesworth would have pled guilty to one count of simple assault. Haynesworth declined the deal.

Though the trial was supposed to begin July 11, a D.C. Superior Court judge agreed to a delay requested by the defense in order to accommodate the schedules of some of the witnesses in the trial.

A trial could get in the way of Haynesworth’s preparation for the season; it is scheduled to begin between the Patriots’ second and third preseason games.

The Washington Post reported this month that the prosecution could call as many as 10 witnesses - a large number for a misdemeanor sexual abuse case - which could lead to a trial lasting as long as four days.

“Because the case is pending trial, we really wouldn’t have any comment on it at this time,’’ said Bill Miller, spokesman for the US Attorney’s office.

A message left with Haynesworth’s attorney, A. Scott Boldin, was not returned yesterday.

Amalie Benjamin can be reached at abenjamin@globe.com. Follow her on Twitter @AmalieBenjamin.

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