MOMENT. THAT IS ON CBSNEWYORK.COM. >>> HARVEY WEINSTEIN HAS BEEN INDICTED ON ADDITIONAL SEX CRIME CHARGES. WE DON'T KNOW IDEA WHAT THE CHARGES ARE BECAUSE THE INDICTMENT HAS NOT BEEN UNSEALED. >> I WAS IN THE COURTROOM TODAY WHEN THE MANHATTAN D.A.'S OFFICE EXPLAINED THAT THEY ARE WAITING FOR WEINSTEIN TO BE PRESENT SO HE CAN BE ARRAIGNED. HE WASN'T THERE TODAY DUE TO MEDICAL REASONS. HARVEY WEINSTEIN WAS NOT IN THE COURTROOM TODAY. HE HAD EMERGENCY SURGERY TO REMOVE FLUID ON HIS HEART AND LUNGS. >> I CAN'T EXAGGERATE A HEART OPERATION. I CAN'T EXAGGERATE A LUNG OPERATION. HE WAS IN THE INTENSIVE CARE UNIT UNTIL YESTERDAY. >> Reporter: MANHATTAN PROSECUTORS PLAN TO FILE A MOTION TO CONSOLIDATE THE NEW INDICTMENT WITH THE RETRIAL. HE WILL BE RETRIED IN NOVEMBER AFTER THE HIGHEST APPEAL COURT OVERTURNED HIS CONVICTION ON RAPE AND SEX ASSAULT. HE WAS SERVING A 23 YEAR SENTENCE IN NEW YORK BEFORE IT WAS OVERTURNED. HE WAS CONVICTED IN LOS ANGELES OF RAPE AND IS SENTENCED FOR 16 YEARS AND IS STILL SERVING TIME FOR THAT. A DEFENSE ATTORNEY SAID THEY WOULD PREFER TO KEEP THINGS SEPARATE. ALL THEY KNOW ABOUT THE NEW CHARGES, THEY COULD INCLUDE UP TO THREE ADDITIONAL ALLEGATIONS DATING BACK TO 2005. >> THE REASON WHY MR. WEINSTEIN DID NOT TESTIFY IN THE GRAND JURY EVEN THOUGH HE WANTED TO WAS -- WE DIDN'T HAVE ANY INFORMATION. >> Reporter: ACCUSER JESSICA MANN THAT TESTIFIED IN THE FIRST TRIAL AND ATTENDED OTHER RECENT HEARINGS RELEASED A STATEMENT THAT READ IN PART, QUOTE, THIS DECISION SHOWS THAT PEOPLE THAT ABUSE THEIR POSITION OF POWER CANNOT AVOID JUSTICE ONLY AT TIMES DELAY IT WITH MEANS SUCH AS WEALTH, FAME AND CONNECTIONS. THE MANHATTAN D.A.'S OFFICE DECLINED TO COMMENT. THE JUDGE SAID WEINSTEIN WILL BE AT BELLEVUE FOR TREATMENT FOR NOW. THE