Harvey Weinstein gets to fight his extradition to Los Angeles for another month.
A state judge has allowed the convicted sex offender to fight his extradition to Los Angeles for at least another 30 days as the county intends to take him to trial as soon as possible.
The disgraced Hollywood producer, 69, was indicted by the L.A. district attorney and an arrest warrant has been issued for him over a month ago, Fox News first reported.
At a hearing a month ago, Weinstein’s attorney, Norman Effman, challenged the extradition paperwork that the L.A.D.A., together with the Erie County, had prepared saying it was based on the criminal complaint and not on the recent indictment, which is still under seal today.
In this image taken from court video, Harvey Weinstein attends a hearing from Wende Correctional Facility, a maximum security prison, near Buffalo, N.Y., Friday, April 30, 2021. A lawyer for Weinstein on Friday indicated he will continue to challenge the imprisoned movie producer’s transfer to California to face rape and sexual assault charges. (New York Unified Court System via AP)
Erie prosecutors did file the revised paperwork and were, along with L.A., ready to move forward with the extradition to take him to trial on the West Coast. However, this Friday, in a virtual hearing, Weinstein was granted time to contest the new extradition request until a May 30 deadline and that would again stall the process. Otherwise, his only chance for a new delay would be up to Gov. Andrew Cuomo, who is currently battling sexual harassment allegations, and that seems unlikely.
“I intend to file [a challenge]. I will do it as quickly as possible,” Effman said.
The disgraced movie mogul appeared through video from Wende Correctional Facility near Buffalo, New York, where he is housed. He was very attentive and dressed in a burgundy shirt.
Weinstein listened closely and only spoke briefly to salute and answer the judge’s procedural questions. His lawyers have also cited his several health issues as an argument for a delay of the LA case. Weinstein is said to be going blind, has lost several teeth behind bars, and has a couple of medical procedures to go through.
Harvey Weinstein is serving a 23-year sentence in New York for <a href="https://www.foxnews.com/category/us/crime/sex-crimes" target="_blank">rape and sexual assault</a>. (AP Photo/Seth Wenig)
“We are eager to defend Harvey against these spurious charges, but not unless he is first allowed a fair and lawful extradition process that will account for his ongoing medical treatment in New York and the fact that COVID still prevents him from having an in-person trial in the Los Angeles courts for the foreseeable future,” defense attorney Mark Werksman referenced in a statement.
Weinstein maintains his innocence and contends that any sexual activity was consensual.
He is already serving a 23-year sentence in New York for rape and sexual assault, faces 11 counts in California, including rape and sexual battery involving five incidents that allegedly took place between 2004 and 2013. If convicted, he faces up to 140 years behind bars.
Fox News’ Jessica Napoli contributed to this report.