UPDATE: The hearing has been postponed to April 9.
A hearing on whether to bring Harvey Weinstein to Los Angeles to face sex crimes charges is expected to be postponed to April.
Weinstein is currently scheduled to appear before a judge in Buffalo, N.Y., on Friday. He is being held at the Wende Correctional Facility in nearby Alden, N.Y., after being sentenced in March to 23 years for rape and sexual assault.
The hearing was originally set to take place in August, but was postponed by four months due to the pandemic. The hearing is now expected to be pushed back another four months, to April 9, according to the Los Angeles County District Attorney’s office.
Weinstein faces 11 counts of rape and sexual assault in Los Angeles involving five alleged victims. If convicted on all charges, he could face 140 years in prison.
Weinstein’s civil attorneys have said that he is in ill health, and is suffering from coronary artery disease, diabetes, sleep apnea, hypertension, sciatica, chronic lower back pain, chronic leg pain, arthritis and degraded vision.
They have sought to postpone his civil deposition on health grounds, and out of concern that he could be forced to choose between pleading the Fifth Amendment and incriminating himself in the Los Angeles case.
The attorneys representing three plaintiffs — Louisette Geiss, Sarah Ann Masse, and Melissa Thompson — have objected to a delay, saying it is not clear when he will be extradited.
“Whether and when that will occur, especially in light of COVID-19, is unclear and should not hold up this case,” the attorneys wrote in a recent filing. “That it will happen in the near future seems even more unlikely light of Weinstein’s various medical problems. As such, any deposition of Weinstein should occur now, while he is in New York.”
The Los Angeles Superior Court system resumed criminal trials in August, but there remains a significant backlog. In November, as COVID cases began to spike, the court system issued new restrictions on entry into courthouses.
Once he is extradited, Weinstein would be held at the county jail and would have to go on trial within 120 days. After the trial, he would be returned to New York to complete his sentence there.
Weinstein is also expected to appeal his New York conviction.