NEW YORK – Harvey Weinstein has pleaded not guilty to one count of a criminal sex act in the first degree after he was indicted by a grand jury earlier this month. Weinstein, who was present in the New York courtroom on Wednesday in a wheelchair and wearing a suit, was medically cleared to attend the hearing after recovering from an emergency procedure on his heart and lungs in recent weeks.

The indictment was announced during a court hearing last week and unsealed on Wednesday. It had remained sealed at the time because Weinstein, 72, was not yet able to attend court due to his health. Weinstein is accused of forcibly engaging “in oral sexual conduct” with a woman at some point between April 29, 2006 and May 6, 2006 in New York, according to a copy of the indictment obtained by CNN. An attorney for the woman whose grand jury testimony served as the basis of the new indictment said she intends to testify at trial.

“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,” Lindsay M. Goldbrum, an attorney for Jane Doe, said in a statement. “Thanks to this survivor who bravely came forward, Harvey Weinstein now stands indicted for an additional alleged violent sexual assault,” said New York District Attorney Alvin Bragg on Wednesday, adding that the investigation is ongoing. Prosecutors in New York began presenting the case to the grand jury in August.

Weinstein was previously convicted of first-degree criminal sexual act and third-degree rape in 2020 and sentenced to 23 years in prison. His conviction was overturned by the New York Court of Appeals in April, citing violation of Weinstein’s constitutional rights at trial. A retrial on the 2020 charges is tentatively set to begin on November 12. Prosecutors on Wednesday moved to consolidate this latest indictment with the upcoming retrial, which Weinstein’s attorneys have opposed.

“We are prepared to go to trial and defend Harvey for the original remaining charges,” Juda Engelmayer, a spokesperson for Weinstein, said in a statement sent to CNN on Wednesday. Yet, we will vociferously and legally challenge any effort to defend this new charge until we fully understand it, can research and investigate the claim, and boldly defend Harvey against (it).” Weinstein remains in prison while he appeals a separate 2022 conviction in Los Angeles, where he was found guilty on three sexual assault charges and sentenced to 16 years in prison. Weinstein is due back in court for next hearing on October 2. (CNN)…[+]