Harvey Weinstein retrial will be combined with new charge

NEW YORK — Harvey Weinstein returned to a New York courtroom Wednesday for a hearing ahead of his retrial on rape charges.
The judge granted a request from prosecutors to combine the retrial and the new charge against him.
Manhattan District Attorney Alvin Bragg’s office had argued that holding separate trials would be inefficient and waste judicial resources. Weinstein’s lawyers countered those claims, saying prosecutors are attempting to expand the scope of the retrial.
“I can’t say that we’re surprised by the judge’s decision to consolidate the old case and the new case, but we’re somewhat disappointed,” Weinstein’s defense attorney Arthur Aidala said.
Weinstein did not say say much during the status hearing, other than to say good morning to the judge. He entered the courtroom with one hand cuffed to his wheelchair and the other holding books, as he often does in court appearances.
“He is very tenacious. He doesn’t take no for an answer, in the best sense of the word, regarding pushing us to do the best that we can, to look for every possible legal angle,” Aidala said.
A trial date was initially set for Nov. 12, but it now looks more like late winter or early spring. The next court date is set for the end of January. 
Earlier this week, numerous outlets reported the 72-year-old was diagnosed with bone marrow cancer.
A statement provided to CBS News by Weinstein spokesperson Juda Engelmayer said: “Craig Rothfeld, Mr. Weinstein’s authorized legal health care representative in New York state, expresses ‘profound dismay at the speculation surrounding Mr. Weinstein’s medical condition. It is both troubling and unacceptable that such private and confidential health matters have become a subject of public discourse. Out of respect for Mr. Weinstein’s privacy, we will offer no further comment.'”
Weinstein’s health was not brought up during Wednesday’s hearing, but his attorneys were asked outside the courthouse about the reports.
“I’m not going to get into any specifics, except to say that Mr. Weinstein is a fighter,” Aidala said. “He’s going to fight with every ounce of strength in his body any health issues that he has.”
Weinstein has been hospitalized multiple times while at Rikers Island, and he recently underwent emergency surgery. to treat fluid on his heart and lungs. 
Prosecutors unveiled a new indictment last month, alleging Weinstein forcibly engaged in oral sexual contact with a woman in a Lower Manhattan hotel sometime between April 29 and May 6 in 2006.
He pleaded not guilty to one count of a criminal sex act in the 1st degree.
“This is all about people who knew each other, who went on dates, who fooled around,” Aidala said Wednesday. “Everything was fine for years and years and years.”
Attorney Lindsay M. Goldbrum, who represents the woman in the case, released a statement saying, “We are pleased with the court’s decision to consolidate the two indictments. While 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’s office and maintains that this encounter was not consensual. Ms. Doe wants her privacy to be respected while she prepares for her testimony.”
Weinstein is awaiting retrial in New York after his 2020 conviction was thrown out this spring.
The disgraced Hollywood mogul had been found guilty of sexually assaulting an assistant in 2006 and raping an aspiring actor in 2013.
The state’s top court later ruled the judge should not have allowed testimony from other accusers who were not directly involved in the charges.
Weinstein has said all sexual encounters in question were consensual. He remains in custody as he serves a 16-year sentence for a separate rape conviction in California.