Harvey Weinstein Will Stay in a New York Jail as Court Considers California Extradition Before Retrial
Harvey Weinstein will remain in a New York jail as a court mulls his possible extradition to California while he awaits the start of his rape case retrial, The Associated Press reports.
Weinstein returned to court in New York Thursday, May 9, for a brief hearing on the extradition. Weinstein’s release from prison following the shock decision of a New York appeals court to overturn his 2020 rape and sexual assault conviction put the disgraced movie mogul’s status in flux, as he is also facing a 16-year sentence on separate rape and sexual assault charges in California (he was originally set to begin the California sentence after completing the New York one).
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Last week, prosecutors stated their intention to pursue a retrial, and while a start date hasn’t been announced yet, the trial is expected to begin in early September. A court will now decide whether Weinstein will spend the next few months in New York, or if he will be extradited to California for the time being.
It does appear that prosecutors and Weinstein’s defense attorneys are in agreement about him remaining in New York. In court Thursday, Weinstein’s lawyers said he did not want to be extradited, and, per The Daily News, prosecutors are also fighting an extradition request filed by California.
Speaking with reporters after the hearing, one of Weinstein’s attorneys, Diana Fabi Samson, said California was “not in a position to extradite Weinstein right now” because the state first needed to produce a warrant signed by the governor.
“He’s not a fugitive in the colloquial sense of the word — that’s just the language they use,” Samson said. “Our main concern is that Mr. Weinstein is here in New York so that we can prepare for the trial.”
Weinstein’s next New York court appearance is scheduled for May 29, while an Aug. 7 appearance is scheduled in the California case.
Prior to his New York conviction being overturned, Weinstein was being held in a prison in upstate New York; afterwards, he was sent to Bellevue Hospital in Manhattan, where he was reportedly being treated for pneumonia and other medical issues. He has since been moved to New York City’s Rikers Island jail complex.
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