Harvey Weinstein indicted again, prosecutors say

NEW YORK -- A grand jury has indicted Harvey Weinstein on additional sex crimes charges, prosecutors said in a New York court Thursday.

Prosecutors said the indictment will remain under seal until the disgraced Hollywood movie mogul can appear to be arraigned. Defense attorney Arthur Aidala said all he knows about the new charges is that they could include up to three additional allegations dating to 2005.

Weinstein wasn't in court Thursday because on Monday the 72-year-old was rushed from Rikers Island to Bellevue Hospital for emergency surgery to remove fluid on his heart and lungs. Aidala told the judge Weinstein "almost died" prior to the procedure.

Weinstein is awaiting retrial on rape and sexual assault charges in New York City after the state's highest appeals court overturned his 2020 conviction, in which he was serving a 23-year sentence. The judge set a trial date for Nov. 12, although the defense pushed back on that date.

"Ethically, we cannot be ready," Aidala said. "What we are requesting, and have from the beginning, because they did float the idea early on -- 'Oh, we are taking to other people out there' -- that we should go to trial on the original case, as is always done when a case is reversed. He's not well. I mean, I know lawyers sometimes are known for exaggeration. I can't exaggerate a heart operation. I can't exaggerate a lung operation. He was in the Intensive Care Unit."

The judge ruled Weinstein will remain at Bellevue for treatment for now. A hearing on his health is scheduled for Sept. 18.

Weinstein's conviction overturned

Weinstein's 2020 conviction was thrown out this spring after the state's top court ruled the judge in the original trial unfairly allowed testimony about other allegations that were not a part of the case.

Weinstein was found guilty of sexually assaulting an assistant in 2006 and raping an aspiring actor in 2013. He was sentenced to 23 years in prison .

After the New York case is complete, Weinstein is expected to return to California to serve his pending 16-year sentence for a separate rape conviction.