Harvey Weinstein to Remain in New York Pending Rape Retrial

Legal challenges complicate Weinstein's ongoing judicial proceedings.

by Nouman Rasool
Harvey Weinstein to Remain in New York Pending Rape Retrial
© Etienne Laurent-Pool/Getty Images

Harvey Weinstein will remain in a New York jail as a judge on Friday adjourned a decision on whether he should spend time in a local jail for his retrial on rape, or be sent back to California to finish a prison sentence he is serving for another rape conviction.

That ruling came after a brief court appearance in which Weinstein declined a California extradition request. The now-dark-suited and wheelchair-bound Weinstein, recently sprung from a Manhattan hospital, now finds himself embroiled in a legal battle that touches on the jurisdictions of two states.

Weinstein lawyer, Diana Fabi Samson, said it was crucial that her client remained in New York, where he is receiving the medical care that he needs in jail. "He's doing as well as he can," she told reporters in the courthouse hallway, adding that "it's just business as usual."

Extradition Halted by Errors

He said the failure by California to produce a warrant signed by the governor results in frustrating the whole process of extradition.

"They are unable to extradite Mr. Weinstein because they have not done what they need to do," she said outside the courtroom. Weinstein's retrial in New York takes place against the backdrop of his 2020 conviction for raping a woman in Manhattan, a verdict that the state's highest court has just overturned.

That reversal followed an appellate court ruling that the judge in the trial had prejudiced Weinstein's case with improper rulings. The vacated conviction had first signaled that high-profile figures might be held accountable, in this case by the #MeToo movement.

But we are the ones who oppose Weinstein, because he raped one aspiring actor in 2013 and se-ually assaulted a TV and film production assistant in 2006, and he vehemently denies it. The Manhattan district attorney is readying for a retrial, possibly as early as September, with the next court appearance scheduled for August 7.

At least one of the alleged victims has said she is willing to testify again. After the appellate ruling, Weinstein was removed from an upstate New York state prison and taken to Bellevue Hospital in Manhattan because of health complications, including pneumonia.

He has since been transferred to Rikers Island. Every procedural step in the legal process becomes one of life and death to the fallen movie mogul.

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