BUFFALO, N.Y. (WBEN) – Disgraced Hollywood mogul Harvey Weinstein will remain in a Western New York prison despite a new attempt to extradite him to California to answer for more rape charges.
Weinstein appeared virtually in Erie County Court on Monday.
There was a motion to send Weinstein to Los Angeles, but the attorney representing Weinstein argued there was the wrong paperwork related to the number of the original and new charging document.
Erie County Court Judge Kenneth Case delayed a decision on extradition for Weinstein, 69, who appeared via video from the maximum security Wende Correctional Facility near Buffalo, where he has been held since last spring after being convicted in New York City of a criminal sex act and third-degree rape.
Erie County District Attorney John Flynn, whose office is essentially acting as the middle-man in the legal saga between Weinstein's defense attorneys and prosecutors in California, said Weinstein has the right to argue the paperwork, but believes the defense is simply stalling.
"My assistant DA has been in constant contact with Mr.
Weinstein's attorney over the past couple of weeks," Flynn said. "They talked as late as late last week to make sure that we're going forward on Monday and everything is okay. His attorney chose not to tell my attorney that he was going to complain about the paperwork in those previous conversations."
Weinstein's attorney, Norman Effman, claimed he wasn't aware of the paperwork snafu until this morning. Flynn said there was still ample time to inform prosecutors about the issue.
"He chose to wait until 2 o'clock in court," Flynn said. "Obviously it's a stalling technique. He wants to keep his guy here as long as possible and prevent him from going to California to face his accusers out there. That's up to him."
A hearing will be held on April 30 to flesh out details about the paperwork.
Effman argued in court that Weinstein is suffering medical issues. Flynn believes this is an effort for Weinstein to appeal to Governor Andrew Cuomo and prevent extradition.
"I anticipate that once he loses in court, then he will make that request to the governor," Flynn said. "Once he makes that request to the governor, there's 30 days that is the new number. Governor Cuomo will have 30 days to deny it, do nothing and automatically on day 30 he goes to California, or grant it. If he grants it, he stays here."
The Hollywood producer's lawyers have appealed his 2020 conviction, arguing in court papers last week that Manhattan Judge James Burke swayed the trial's outcome with repeated rulings favorable to prosecutors and that the 23-year prison sentence Burke imposed was "unduly harsh and excessive."
A jury found Weinstein guilty of raping an aspiring actress in a New York City hotel room in 2013 and sexually assaulting a production assistant at his apartment in 2006 by forcibly performing oral sex on her.
He was acquitted of first-degree rape and two counts of predatory sexual assault stemming from actor Annabella Sciorra's allegations of a mid-1990s rape.
The extradition hearing had been delayed since August because of the pandemic.
Weinstein survived a bout with the coronavirus in March at the prison. His lawyers said he experienced symptoms of COVID-19 again in mid-November but did not test positive for the disease at that time.
