Harvey Weinstein Pleads Not Guilty to New Sexual Assault Charge

Harvey Weinstein pleaded not responsible to one rely of a felony sexual act within the first diploma Wednesday after Manhattan prosecutors arraigned the previous mogul in a brand new indictment.

The cost includes forcibly participating in oral or anal intercourse with one other individual. It stems from a current indictment returned by a grand jury and carries a sentence of up to 25 years in jail.

Weinstein additionally faces a retrial on expenses associated to his 2020 rape conviction in New York, which was overturned. In whole, Weinstein is now charged underneath two indictments for 3 intercourse crimes. The retrial was tentatively scheduled to happen in November, however prosecutors indicated they might now not be prepared at the moment.

Weinstein appeared in courtroom Wednesday for the primary time since being hospitalized and present process emergency coronary heart surgical procedure final Monday. He was introduced into the courtroom in a wheelchair, as he has been for all prior courtroom appearances, clutching two books and with gauze on high of his hand. He spoke out loud to say “not guilty.” He wished to deal with the courtroom in response to his medical situation and remedy, however was suggested not to converse by his lawyer and Decide Curtis Farber, as sure particulars of his medical situation are underneath seal.

The brand new cost stems from a Jane Doe accuser, whose “grand jury testimony formed the basis of the new indictment,” mentioned Lindsay Goldbrum, a lawyer for the girl. “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 towards 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 unique indictment. Weinstein’s protection lawyer Arthur Aidala needs to strive the instances individually. A choice will likely be made on the movement to consolidate on Oct. 2.

The listening to comes just a little over per week after Weinstein was rushed to Bellevue Hospital in New York to endure coronary heart surgical procedure. Weinstein didn’t seem in courtroom final Thursday, when the actual fact of the indictment was revealed, as he didn’t obtain medical clearance. 

Due to his medical situation, Farber granted the protection’s movement to maintain Weinstein in Bellevue Hospital’s jail ward in the meanwhile, relatively than Rikers Island. His attorneys argued for the keep at Bellevue, saying that Weinstein’s well being couldn’t be correctly monitored at Rikers Island and it was mandatory to maintain him on the hospital to “stop what may be the death of Mr. Weinstein.”

Weinstein’s go to to Bellevue was his third go to within the current previous, in accordance to the choice learn in courtroom by Farber. He has to be “properly monitored” due to the buildup of fluids round his coronary heart, which is what led to his most up-to-date surgical procedure and hospital go to, Farber mentioned. 

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 proof relating to intercourse crimes that didn’t lead to formal expenses. A seven-judge panel of the state Courts of Appeals, in a 4-3 resolution, discovered that the “trial court erroneously admitted testimony of uncharged, alleged prior sexual acts” in what amounted to an “abuse of judicial discretion.”

Aidala mentioned the introduction of such proof prevented Weinstein from testifying as a result of the allegations dated again a long time.

Not like in California, which permits courts to introduce proof that demonstrates a defendant’s propensity to commit intercourse crimes, even when the allegations didn’t lead to formal expenses, New York permits this sort of proof solely when it’s mandatory to present historical past on a defendant’s motive, intent or frequent scheme to perform the alleged crimes.

At the moment, the whole lot of Weinstein’s remaining convictions stem solely from Jane Doe No. 1, who has come ahead as former Russian mannequin Evgeniya Chernyshova. In a combined verdict within the case from the Los Angeles District Legal professional’s Workplace, the jury discovered him responsible of three counts — forcible rape, forcible oral copulation and penetration by overseas object. Jurors acquitted him of sexual battery by restraint towards one other accuser and deadlocked on expenses associated to two others.

Jessica Mann, one of many ladies who introduced claims towards Weinstein within the 2020 trial, has indicated that she’s going to return to face Weinstein in courtroom.

“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 mentioned in a press release final week.