Harvey Weinstein is still fighting his extradition to Los Angeles to face rape and sexual assault charges, as his attorney filed a second motion on Monday claiming that the paperwork is out of order.
A hearing on the motion was scheduled for June 15, meaning that Weinstein will remain at a maximum security prison near Buffalo, N.Y., at least until then.
Weinstein last appeared in a court hearing on April 30. At the time, Judge Kenneth Case indicated that he would have 30 days to contest the extradition or appeal it to Gov. Andrew Cuomo.
Weinstein’s attorney, Norman Effman, told Variety that he will not appeal to Cuomo, saying he did not expect the governor would want to intervene.
“I don’t think it makes any sense, given the nature of politics in New York at the present time,” Effman said. “We’re resting our case on the mandates of the interstate agreement on detainers.”
Effman previously challenged the extradition on the grounds that the paperwork was out of date, prompting prosecutors to file a new request. At the April 30 hearing, Effman conceded that the new request made his earlier objection moot, but he said he would file a new objection.
“This is simply one set of papers after another, without any clarification as to whether any of them are withdrawn,” Effman said. “There’s a lot of confusion.”
Weinstein was charged in Los Angeles in January 2020, just as his trial in New York was getting underway. He now faces 11 counts in Los Angeles, involving five alleged victims.
He is serving a 23-year sentence at the Wende Correctional Facility, and his attorneys have argued that he should be allowed to stay there to receive treatment for a host of ailments.
The extradition has been repeatedly delayed due to the pandemic, by agreement with the prosecution. But this spring, with conditions improving in the Los Angeles court system, the Los Angeles County District Attorney’s office has stopped agreeing to further delays.
Weinstein, 69, would be held in custody in Los Angeles for the duration of his trial, and then shipped back to New York to serve the remainder of his sentence there. He is not eligible for parole in New York until 2039.