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.
