Harvey Weinstein will remain in New York prison as he awaits a retrial on rape charges

NEW YORK (AP) – Harvey Weinstein remains locked up in New York as a court decides whether he should remain in a city jail pending a retrial or be sent to California to serve his sentence on rape charges.

The fallen movie mogul refused to consent to California’s extradition request during a brief court hearing on Thursday and will remain behind bars in New York for the time being.

Weinstein, 72, was returned to Riker’s Island prison from a city hospital a few days ago. He appeared at the hearing in a wheelchair and wore a dark suit. Defense attorney Diana Fabi Samson said outside court that their main concern was making sure Weinstein got the medical care he needed.

“He’s holding on as best he can,” she said.

A judge scheduled his next appearance on the extradition issue for August 7 – just weeks before New York prosecutors said they could be ready to try him again.

The 16-year sentence Weinstein received in 2023 for raping a woman at a Los Angeles film festival in 2013 was on hold while he served a 23-year sentence for rape in New York.

After Empire State’s conviction was overturned late last month, Manhattan prosecutors said they were working to re-indict him and at least one of the two accusers was willing to testify again.

The once-influential former film executive has denied New York allegations that accused him of raping an aspiring actor in 2013 and sexually assaulting a television and film production assistant in 2006. The 2020 ruling was seen at the time as a milestone in the #MeToo movement, an era that began in 2017 with a flood of allegations against Weinstein.

In overturning the convictions, the New York Supreme Court concluded that the judge had biased Weinstein through improper sentencing, including by allowing other women to testify about allegations he was not accused of.

Weinstein served his time in a New York state prison until he was transferred to the city’s custody following the appeals court decision. He was then taken to Bellevue Hospital in Manhattan, where he was treated for pneumonia and other medical problems, according to his publicist. He was transferred back to Rikers on Monday.

Samson said in court that California must now produce an arrest warrant signed by the governor. “They are unable to extradite Mr. Weinstein because they didn’t do what they had to do,” she said.