Harvey Weinstein’s attorneys on Monday objected to the paperwork filed to file his extradition in connection with sexual assault and rape in Los Angeles.
A judge in Buffalo, NY, set a court date on April 30 to hear the objections.
The trial on Monday was only the second time Weinstein has appeared in court since being sentenced in March 2020 to 23 years in prison. He appears at a distance from Wende Correctional Facility, the maximum security prison where he is serving his sentence. He used a walker but smiled as he chatted with his lawyers before the trial. He answered a few simple questions from the judge, but otherwise did not participate in the process.
Prosecutors in Los Angeles want Weinstein brought to Los Angeles on 11 charges for trial, which could result in up to 140 years in prison. The extradition process has been delayed several times over the past year due to the coronavirus pandemic.
In the last wrinkle, LA prosecutors filed a sealed indictment against Weinstein. The indictment reflects the charges already filed, but it allows prosecutors to avoid a trial, which will delay the process. Once Weinstein was brought to LA, prosecutors would have 120 days to execute him.
Fox News first reported the charge on Sunday.
Norman Effman, a New York attorney representing Weinstein, argued that the indictment means the extradition request is now obsolete.
“I have nothing on the indictment level that shows a judge signed this request,” Effman argued.
Colleen Curtin Gable, an assistant DA in Erie County, said Effman’s opposition was “a bit of a surprise.” She also argued that a timely extradition is important for all parties, including the victims in the Los Angeles case.
At a press conference following the trial, John Flynn, DA of Erie County, accused Effman of having a “sandbag movement”.
“It’s obviously a standstill technique,” Flynn said. “He wants to keep his husband here as long as possible, and prevent him from going to California to face what he is accused of.”
If Judge Kenneth Case approves the extradition request – which is usually a formality – Weinstein can then appeal to Governor Andrew Cuomo, who has 30 days to decide whether to intervene.
Effman also suggested that Weinstein could stay in New York and appear at a distance for a pre-trial hearing in Los Angeles, but said the request was denied.
“We know where he is,” Effman said. “He’s not going anywhere.”
Effman also argued that Weinstein suffers from various medical problems, which require extensive treatments. He said Weinstein was due to dental problems and that four teeth had been removed. Effman said he also experiences heart problems, back problems, sleep apnea and that he is almost legally blind.
Effman said Weinstein’s lawyers in Los Angeles are trying to work out an agreement with the DA office on extradition. Those negotiations failed.
Effman was given until April 20 to file his objections in writing. The DA office of Erie County will respond by April 27th.
Weinstein’s lawyers filed an appeal of his conviction in New York last week, arguing that the judge should have disqualified a juror who wrote a novel on themes of sexual predation.