Harvey Weinstein pleaded not guilty to one count of a criminal sexual act in the first degree Wednesday after Manhattan prosecutors arraigned the former mogul in a new indictment.
The charge involves forcibly engaging in oral or anal sex with another person. It stems from a recent indictment returned by a grand jury and carries a sentence of up to 25 years in prison.
Weinstein also faces a retrial on charges related to his 2020 rape conviction in New York, which was overturned. In total, Weinstein is now charged under two indictments for three sex crimes. The retrial was tentatively scheduled to take place in November, but prosecutors indicated they would no longer be ready at that time.
Weinstein appeared in court Wednesday for the first time since being hospitalized and undergoing emergency heart surgery last Monday. He was brought into the courtroom in a wheelchair, as he has been for all prior court appearances, clutching two books and with gauze on top of his hand. He spoke out loud to say “not guilty.” He wanted to address the court in response to his medical condition and treatment, but was advised not to speak by his attorney and Judge Curtis Farber, as certain details of his medical condition are under seal.
The new charge stems from a Jane Doe accuser, whose “grand jury testimony formed the basis of the new indictment,” said Lindsay Goldbrum, a lawyer for the woman. “Ms. Doe has not shared this story publicly before, nor does she want to be identified at this time,” Goldbrum, who has represented plaintiffs in lawsuits against Weinstein, added. “She will be fully prepared to speak her truth at trial to hold Mr. Weinstein accountable before a jury of his peers.”
Prosecutors are pushing to consolidate this new indictment with the original indictment. Weinstein’s defense attorney Arthur Aidala wants to try the cases separately. A decision will be made on the motion to consolidate on Oct. 2.
The hearing comes a little over a week after Weinstein was rushed to Bellevue Hospital in New York to undergo heart surgery. Weinstein did not appear in court last Thursday, when the fact of the indictment was revealed, as he did not receive medical clearance.
Due to his medical condition, Farber granted the defense’s motion to hold Weinstein in Bellevue Hospital’s prison ward for the time being, rather than Rikers Island. His attorneys argued for the stay at Bellevue, saying that Weinstein’s health could not be properly monitored at Rikers Island and it was necessary to hold him at the hospital to “stop what may be the death of Mr. Weinstein.”
Weinstein’s visit to Bellevue was his third visit in the recent past, according to the decision read in court by Farber. He has to be “properly monitored” due to the buildup of fluids around his heart, which is what led to his most recent surgery and hospital visit, Farber said.
Weinstein was being held at Rikers Island as he awaited the retrial after his 2020 rape conviction in New York, and 23-year sentence, was overturned in April.
The reversal stemmed from the inclusion of evidence relating to sex crimes that didn’t lead to formal charges. A seven-judge panel of the state Courts of Appeals, in a 4-3 decision, found that the “trial court erroneously admitted testimony of uncharged, alleged prior sexual acts” in what amounted to an “abuse of judicial discretion.”
Aidala said the introduction of such evidence prevented Weinstein from testifying because the allegations dated back decades.
Unlike in California, which allows courts to introduce evidence that demonstrates a defendant’s propensity to commit sex crimes, even when the allegations didn’t lead to formal charges, New York allows this kind of evidence solely when it’s necessary to provide history on a defendant’s motive, intent or common scheme to carry out the alleged crimes.
Currently, the entirety of Weinstein’s remaining convictions stem solely from Jane Doe No. 1, who has come forward as former Russian model Evgeniya Chernyshova. In a mixed verdict in the case from the Los Angeles District Attorney’s Office, the jury found him guilty of three counts — forcible rape, forcible oral copulation and penetration by foreign object. Jurors acquitted him of sexual battery by restraint against another accuser and deadlocked on charges related to two others.
Jessica Mann, one of the women who brought claims against Weinstein in the 2020 trial, has indicated that she will return to face Weinstein in court.
“As I said when Harvey was found guilty the first time, I have found my voice. I look forward to continuing to use it as I face Harvey again in court soon and prove that my life is valuable. That, I know now, is something he will never be able to take away,” Mann said in a statement last week.
Source: Hollywoodreporter
