Josephine Stratman
New York Daily News
(TNS)
NEW YORK — Disgraced film mogul Harvey Weinstein is facing sexual misconduct allegations from a new accuser, with the Manhattan district attorney on Wednesday unsealing an indictment accusing him of sexually assaulting a woman in the mid-2000s.
The new charge comes months after his previous conviction was thrown out and means Weinstein faces accusations of sexual misconduct involving three women in New York — two from the original indictment and the new, unnamed accuser.
Weinstein is accused of forcibly engaging “in oral sexual conduct” with a woman in the new incident, which happened sometime between April 29, 2006, and May 6, 2006, according to the indictment.
“Not guilty,” a frail-looking Weinstein said shortly after entering the Manhattan courtroom at 3:30 p.m. in a wheelchair, clutching a Bible and wearing a suit and blue tie to face the new charges.
The one-page indictment was released to the public Wednesday after remaining under seal because Weinstein, 72, underwent emergency heart surgery last week and therefore could not appear in court. The name of the complaining witness remains under seal.
“Ms. Doe has not shared this story publicly before, nor does she want to be identified at this time,” Lindsay M. Goldbrum, an attorney for the Jane Doe said in a statement. “She will be fully prepared to speak her truth at trial to hold Mr. Weinstein accountable before a jury of his peers.”
Prosecutors were scrutinizing several alleged sexual assaults by Weinstein involving three women who were not included in his first trial, including incidents in 2016 and the mid-2000s.
“He is somewhat relieved,” defense attorney Arthur Aidala said of his client outside court. “Because, as you all know, there were reports that there were going to be three indictments handed down today, and in fact, there is one indictment that was unsealed.”
Assistant District Attorney Shannon Lucey asked State Supreme Court Judge Curtis Farber to consolidate the new indictment with the charges for which he had his conviction overturned into one trial, saying that “separate trials would be extraordinarily ineffective and burdensome” because the charges overlapped.
“Thanks to this survivor who bravely came forward, Harvey Weinstein now stands indicted for an additional alleged violent sexual assault,” DA Alvin Bragg said in a statement. “This investigation is ongoing. If you have been sexually assaulted, I assure you that our team of dedicated prosecutors, investigators, social workers, and many more stand at the ready to support you.”
Aidala said his client is on “19 different medications” and remains in poor health. The lawyer pushed for Weinstein to continue to be held at Bellevue Hospital because of his ongoing health problems, instead of at Rikers Island.
“That’s why he keeps getting sick and sent back to the hospital, because the conditions in which he’s living are just, they’re just not fit for human consumption,” Aidala said of the his client’s stay at Rikers.
Earlier this year, the New York Court of Appeals overturned the film producer’s 2020 conviction for raping actress Jessica Mann in 2013 and sexually assaulting Mimi Haley, a former production assistant, in 2006. The court found the trial judge wrongly allowed the jury to hear testimony about uncharged incidents of sexual misconduct from three women.
The testimony “portrayed defendant in a highly prejudicial light,” the 4-3 decision read.
Bragg announced soon after that his office would re-prosecute the case with a new indictment, and Mann had previously said she would be willing to participate in a new case against Weinstein.
“The significant new criminal charges leveled today against Harvey Weinstein show that this Grand Jury, like so many others, can see clearly through his facade for what he truly is: a predator who must be held accountable for his crimes,” she said in a statement last week.
The retrial was tentatively scheduled to begin Nov. 12, but Lucey said Wednesday that schedule was unrealistic and asked the judge to move the date to January.
Weinstein has denied any wrongdoing, saying that any sexual activity was consensual. In 2022, he was found guilty in a separate rape case in California.
The next court date is set for Oct. 2.
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