close
close
hsuses

Weinstein will not be sent back to California while he awaits a retrial in New York’s rape trial

Theo

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, who appeared at the hearing in a wheelchair and a dark suit, did not agree to California’s extradition request during a brief court hearing on Thursday. The 72-year-old will remain behind bars at Rikers Island Jail, where he was returned from a city hospital just days ago.

California must now produce an arrest warrant signed by the governor within 90 days, said Judge Joanne Watters.

“They are unable to extradite Mr. Weinstein because they didn’t do what they had to do,” Diana Fabi Samson, Weinstein’s lawyer, said after the court appearance.

Spokespeople for the Los Angeles County District Attorney’s Office did not immediately respond to an email seeking comment.

Watters scheduled Weinstein’s 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.

Representatives for Weinstein said Thursday their main concern is ensuring he receives the medical care he needs while in custody in New York.

“He is holding up as well as one would expect given the circumstances of his incarceration with health issues,” she said.

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.

Craig Rothfeld, a prison consultant who works with Weinstein’s lawyers, emphasized that the decision on where to house Weinstein was made solely by city officials without input from his legal team.

“There were a lot of rumors about him having a cozy room. There have been false narratives about what this room looks like,” he said. “He has very serious health problems. He has been in the hospital since the day he was incarcerated, so the narrative that he shouldn’t be in Bellevue really isn’t a useful narrative.”


photo

Harvey Weinstein appears in Queens Criminal Court with his attorneys Diana Fabi Samson (left) and John Esposito, Thursday, May 9, 2024, in New York. Harvey Weinstein returned to court in New York City as authorities consider an extradition request from California to begin serving his sentence for a 2022 rape conviction. The 16-year sentence Weinstein received for raping a woman at a Los Angeles film festival in 2013 was on hold while he served his time in New York. (AP Photo/Julia Nikhinson)



photo

Harvey Weinstein appears in Queens Criminal Court on Thursday, May 9, 2024, in New York. Harvey Weinstein returned to court in New York City as authorities considered an extradition request from California to begin serving his sentence for a 2022 rape conviction. The 16-year sentence Weinstein received for raping a woman at a Los Angeles film festival in 2013 was on hold while he served his time in New York. (AP Photo/Julia Nikhinson)



photo

Diana Fabi Samson, second from left, and John Esposito, attorney for Harvey Weinstein, enter Queens Criminal Court on Thursday, May 9, 2024, in New York. Harvey Weinstein returned to court in New York City as authorities consider an extradition request from California to begin serving his sentence for a 2022 rape conviction. The 16-year sentence Weinstein received for raping a woman at a Los Angeles film festival in 2013 was on hold while he served his time in New York. (AP Photo/Julia Nikhinson)



photo

Diana Fabi Samson, attorney for Harvey Weinstein, speaks at Queens Criminal Court in New York on Thursday, May 9, 2024. Harvey Weinstein returned to court in New York City as authorities consider an extradition request from California to begin serving his sentence for a 2022 rape conviction. The 16-year sentence Weinstein received for raping a woman at a Los Angeles film festival in 2013 was on hold while he served his time in New York. (AP Photo/Julia Nikhinson)



photo

Diana Fabi Samson, second from left, and John Esposito, attorney for Harvey Weinstein, enter Queens Criminal Court on Thursday, May 9, 2024, in New York. Harvey Weinstein returned to court in New York City as authorities consider an extradition request from California to begin serving his sentence for a 2022 rape conviction. The 16-year sentence Weinstein received for raping a woman at a Los Angeles film festival in 2013 was on hold while he served his time in New York. (AP Photo/Julia Nikhinson)



photo

Harvey Weinstein is escorted to Queens Criminal Court on Thursday, May 9, 2024, in New York. Harvey Weinstein returned to court in New York City as authorities consider an extradition request from California to begin serving his sentence for a 2022 rape conviction. The 16-year sentence Weinstein received for raping a woman at a Los Angeles film festival in 2013 was on hold while he served his time in New York. (AP Photo/Julia Nikhinson)



photo

Harvey Weinstein appears in Queens Criminal Court on Thursday, May 9, 2024, in New York. Harvey Weinstein returned to court in New York City as authorities considered an extradition request from California to begin serving his sentence for a 2022 rape conviction. The 16-year sentence Weinstein received for raping a woman at a Los Angeles film festival in 2013 was on hold while he served his time in New York. (AP Photo/Julia Nikhinson)



photo

Diana Fabi Samson (center) and John Esposito (right), attorney for Harvey Weinstein, speak alongside prison consultant Craig Rothfeld in Queens Criminal Court, Thursday, May 9, 2024, in New York. Harvey Weinstein returned to court in New York City as authorities consider an extradition request from California to begin serving his sentence for a 2022 rape conviction. The 16-year sentence Weinstein received for raping a woman at a Los Angeles film festival in 2013 was on hold while he served his time in New York. (AP Photo/Julia Nikhinson)



photo

Prison consultant Craig Rothfeld (left) speaks alongside Diana Fabi Samson (center) and John Esposito (right), attorney for Harvey Weinstein, in Queens Criminal Court, Thursday, May 9, 2024, in New York. Harvey Weinstein returned to court in New York City as authorities consider an extradition request from California to begin serving his sentence for a 2022 rape conviction. The 16-year sentence Weinstein received for raping a woman at a Los Angeles film festival in 2013 was on hold while he served his time in New York. (AP Photo/Julia Nikhinson)


Related Posts