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Harvey Weinstein's retrial moved to next year, lawyer plans to hire a private investigator

NEW YORK (AP) 鈥 Harvey Weinstein 鈥檚 retrial on sex crimes charges in Manhattan won鈥檛 start until at least next year 鈥 and his lawyers plan to hire a private investigator to look into a new allegation against the movie mogul that will now be part of t
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Arthur Aidala, attorney for Harvey Weinstein, exits Manhattan criminal court, Wednesday, Oct. 23, 2024, in New York. (AP Photo/Yuki Iwamura)

NEW YORK (AP) 鈥 鈥檚 retrial on sex crimes charges in Manhattan won鈥檛 start until at least next year 鈥 and his lawyers plan to hire a private investigator to look into that will now be part of the case.

The new details came as Weinstein appeared in court Wednesday for a pretrial hearing.

Weinstein was already facing retrial on two sex crimes charges after the state鈥檚 highest court earlier this year. In September, he was hit with a new charge accusing him of another assault. He has pleaded not guilty.

On Wednesday, Judge Curtis Farber granted a prosecution request to and agreed to push back the trial's start date, which had been tentatively scheduled for Nov. 12.

Weinstein鈥檚 lawyers sought a date in March or April. Prosecutors said they were not opposed, but were prepared to go to trial as soon as January. Farber set the next pre-trial hearing for Jan. 29.

鈥淲e鈥檙e going to need some time to investigate the case, hire a private investigator and dig more into discovery,鈥 said Weinstein鈥檚 lawyer Arthur Aidala.

Weinstein, seated in a wheelchair, held a copy of former President Barack Obama鈥檚 memoir 鈥淎 Promised Land鈥 as he listened intently to the proceedings.

Weinstein was convicted on charges that he forcibly performed oral sex on a TV and film production assistant in 2006, and rape in the third degree for an attack on an aspiring actor in 2013. In the new charge, prosecutors say he forced oral sex on a different woman in a Manhattan hotel in the spring of 2006.

After the hearing, Aidala said he was 鈥渟omewhat disappointed鈥 but not surprised by the judge鈥檚 decision to consolidate the cases.

鈥淚t鈥檚 right out of their playbook from the last time,鈥 he said, referring to prosecutors. 鈥淭hey鈥檙e going to put his personality and his demeanor on trial as opposed to the facts of the case on trial.鈥

Weinstein鈥檚 lawyers had argued in court papers that the cases should remain separate, accusing prosecutors of attempting to transform the retrial into 鈥渁n entirely new proceeding.鈥

But Farber sided with Manhattan District Attorney Alvin Bragg鈥檚 office, which had contended that holding a separate trial on the new charge would be 鈥渆xtraordinarily inefficient鈥 and waste judicial resources.

In a written decision, Farber said lawyers for Weinstein had 鈥渇ailed to establish that his right to a fair trial free of undue prejudice would be violated鈥 if the two cases were merged.

Aidala said the new accuser hasn鈥檛 yet been officially identified to defense lawyers.

鈥淚t鈥檚 much of the same where for years, decades, it鈥檚 been consensual, and then as of late, it鈥檚 not consensual,鈥 he said.

A lawyer for the accuser, who she said wants to be identified as 鈥淛ane Doe鈥 for now, said her client maintains her encounter with Weinstein was not consensual.

鈥淲hile Ms. Doe has previously chosen not to publicly share this painful portion of her experience, she has always remained consistent in her conversations with the Manhattan DA鈥檚 office,鈥 attorney Lindsay Goldbrum said in a statement. 鈥淢s. Doe wants her privacy to be respected while she prepares for her testimony.鈥

Aidala also pushed back on suggestions that Weinstein鈥檚 case echoes the federal against rap mogul , which includes for years and silenced them through blackmail, threats and violence.

鈥淭here鈥檚 no allegations of force, like physical force. There鈥檚 no allegations of and all that stuff,鈥 he said. 鈥淭his is all about people who knew each other, who went on dates, who fooled around. Everything was fine for years and years and years and now it鈥檚 not fine anymore.鈥

Weinstein鈥檚 first trial included testimony from women who described being forcibly groped, physically cornered and shoved into objects by Weinstein, and kicking and punching him as they tried to wrestle out of his grip.

He was acquitted at that trial of predatory sexual assault charges related to accusations by actress Annabella Sciorra, who had described a violent attack in her apartment in the 1990s. Prosecutors are barred from retrying him on those allegations.

Aidala wouldn't elaborate on reports that Weinstein is dealing with a new health issue while behind bars.

鈥淚鈥檓 not going to get into any specifics except to say that Mr. Weinstein is a fighter and he鈥檚 here to fight this case and he鈥檚 going to fight with every ounce of strength in his body any health issues that he has,鈥 he said.

The 72-year-old former film producer has faced , including to remove fluid on his heart and lungs last month.

Weinstein鈥檚 lawyers have argued 鈥 so far unsuccessfully 鈥 that he should be housed at Manhattan鈥檚 Bellevue Hospital rather than the city鈥檚 .

Sexual assault and harassment allegations against Weinstein turbocharged the #MeToo movement in 2017.

The co-founder of the film and television production companies Miramax and The Weinstein Company was also of rape in 2022, though his lawyers have .

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Follow Philip Marcelo at .

Philip Marcelo, The Associated Press