Harvey Weinstein is back in New York court as California seeks extradition on rape charges

Harvey Weinstein was back in a New York courtroom on Thursday as he faces extradition to California to serve his sentence for raping a woman in Los Angeles after an appeals court overturned his sexual assault conviction in New York.

After leaving a hospital just days earlier, the 72-year-old convicted rapist was taken to Queens Criminal Court in a wheelchair and wearing a dark suit to face his extradition hearing.

The disgraced movie mogul will remain behind bars in New York until the court decides whether he should remain in the state while he awaits a retrial in his case there or whether he should be sent to California to face his other sentence to serve.

During the brief hearing, Weinstein refused to consent to an extradition request from California. His lawyer said the hearing was normal procedure and that California must first provide an arrest warrant signed by the governor.

“They are unable to extradite Mr. Weinstein because they didn’t do what they had to do,” lawyer Diana Fabi Samson said outside court The Associated Press.

Ms. Samson added that his main concern is ensuring Weinstein continues to receive medical care while he remains in New York custody.

“He’s hanging on as best he can,” the lawyer said.

Weinstein received medical treatment at a New York hospital after complaining of chest pains shortly after being transferred to Rikers Island prison on April 27.

He was then returned to prison after correctional officers discovered he was staying in a private room and was given “special treatment” not normally received by other inmates.

He is scheduled to return to court on August 7.

In 2023, Weinstein was found guilty of one count of rape and two counts of sexual assault for raping an Italian model and an Italian actor at a Los Angeles film festival ahead of the 2013 Academy Awards. He was sentenced to 16 years in prison in Los Angeles.

His victim made a statement in court back in 2023 describing the toll Weinstein’s actions took on her.

“Before that night I was a very happy and confident woman. I valued myself and the relationship I had with God,” she said.

“I was excited about my future. Everything changed after the defendant brutally attacked me. There is no prison sentence long enough to repair the damage.”

The sentence in LA was stayed while he served his time in New York after being found guilty of raping and assaulting two women at his trial in Manhattan in 2020.

He was sentenced to 23 years in a New York state prison.

Late last month, however, the disgraced producer’s landmark 2020 #MeToo rape conviction was overturned after the New York Court of Appeals found that a judge made a number of questionable decisions at trial.

Manhattan District Attorney Alvin Bragg has vowed to re-indict him on the charges.

“We will do everything in our power to retry this case and remain true to our commitment to sexual assault survivors,” said a spokesman for District Attorney Bragg’s office The Independent by the time.

Prosecutors claimed in a hearing last week that they could be ready for a new trial as early as September and that at least one of his two alleged victims was willing to testify again.

Meanwhile, Weinstein’s spokeswoman Juda Engelmeyer told the New York Post that the Hollywood mogul is now “no longer a convicted felon in New York, California is required to request his presence to serve his 16-year sentence there,” he said

“Since he is not technically a criminal in New York, he is technically a fugitive from California justice. It’s Gavin Newsome’s way of showing his voters that he’s “doing something” about Harvey, Mr. Engelmeyer said.