Harvey Weinstein Pleads Not Guilty To New Sex Crime Charge In New York
Following recent emergency heart surgery that left him “near death”, a wheelchair-bound Harvey Weinstein returned to a New York courtroom today to plead not guilty to a new sex crime charge.
The 72-year-old Weinstein is charged in a new indictment with sexually assaulting a woman in a lower Manhattan hotel on one occasion between April 29, 2006, and May 6, 2006, according to Manhattan District Attorney Alvin Bragg. The former media mogul is charged with one count of Criminal Sexual Act in the First Degree, according to Bragg. The new indictment, which remains sealed, accuses Weinstein of forcing oral sex on a woman.
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He is also charged in a previous New York State Supreme Court indictment with Criminal Sexual Act in the First Degree and Rape in the Third Degree.
Prosecutors have said that the grand jury heard evidence of up to three alleged assaults — two in hotels in the Tribeca neighborhood and one at a lower Manhattan residential building. The purported incidents took place from the mid-2000s to 2016, prosecutors said.
“Thanks to this survivor who bravely came forward, Harvey Weinstein now stands indicted for an additional alleged violent sexual assault,” said Bragg. “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. Please call us at 212-335-9373.”
The new charge comes as Weinstein is awaiting retrial after New York state’s highest court, the Court of Appeals, which this spring overturned his 2020 conviction on rape and sexual assault charges involving two women. The court ordered a new trial, tentatively scheduled to begin November 12.
“Our firm represents Jane Doe, whose grand jury testimony formed the basis of the new indictment against Harvey Weinstein, said Lindsay M. Goldbrum, Associate at Outten & Golden LLP. “Mr. Weinstein is charged with one count of Criminal Sexual Act in the First Degree. Ms. Doe has not shared this story publicly before, nor does she want to be identified at this time. She will be fully prepared to speak her truth at trial to hold Mr. Weinstein accountable before a jury of his peers. We would like to thank the media in advance for respecting Ms. Doe’s privacy while she prepares for her testimony.”
Weinstein was in critical condition following emergency heart surgery on September 9, and “nearly died”, according to his attorney Arthur Aidala. Aidala has waged a pressure campaign against the DA’s office in public and in court to have his client stay at Bellevue’s prisoner ward for the duration of the legal proceedings against him. Weinstein’s personal physician testified in a closed hearing with Judge Farber about the producer’s health. Aidala said his client also wants to talk to the judge.
“We are disappointed that the Department of Corrections is fighting so hard against Harvey’s medical care needs,” Weinstein spokesman Juda Engelmayer said in a statement Wednesday to Deadline. “We will continue advocating for him to be in a place where he can heal and get healthier. As for the rest, we are prepared to go to trial and defend Harvey for the original remaining charges. Yet, we will vociferously and legally challenge any effort to defend these new charges until we full understand them, can research and investigate them and boldly defend Harvey against this. It’s an obvious attempt by the DA to somehow parade a host of complainants before the jury as the Appeals Court rebuked them for last time.”
Today’s hearing in Weinstein’s renewed Manhattan sex crimes trial comes one day after a federal judge dismissed a portions of sexual assault and sex-trafficking lawsuit filed by former massage therapist Kellye Croft against ANC Networks kingpin James Dolan and Weinstein. California-based U.S. District Judge Percy Anderson tossed out the trafficking claims in the January filed action with prejudice, meaning the claim cannot be filed again.
“While the SAC alleges that Plaintiff may have hoped to obtain a future career benefit from her relationship, it fails to directly allege that she went to Dolan’s room and continued to engage in a sexual relationship with him in order to receive the alleged promised benefits,” wrote Judge Anderson o Croft’s July 8 filed Second Amended Complaint. “To the contrary, the SAC alleges multiple reasons and theories as to why Plaintiff continued her relationship with Dolan, including loneliness and possible romantic feelings, and fails to specifically link the timing of the alleged promises with the decision to engage in the alleged sexual conduct.”
However, Croft’s allegations sexual battery against Knicks owner Dolan, plus aiding and abetting of sexual assault by Doloan and sexual assault by Weinstein dismissed without prejudice – which means Croft is allowed to file those claims again.
Statement of Kevin Mintzer and Meredith Firetog:
“We respectfully disagree with the District Court’s decision, which we believe incorrectly interprets the federal sex trafficking law and undermines critically important protections for sex trafficking survivors,” Croft’s attorneys Kevin Mintzer and Meredith Firetog told Deadline today. “We will be appealing this decision and are confident that the Court of Appeals will correct this injustice,” the Wigdor Law partners added. We will also continue to pursue Ms. Croft’s sexual battery claims against James Dolan and Harvey Weinstein, which remain unaffected by the decision. Our fight for Ms. Croft is just beginning.”
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