Harvey Weinstein’s lawyers on Monday objected to the paperwork filed to request his extradition on charges of sexual assault and rape in Los Angeles.
A judge in Buffalo, New York, set a date for the court to hear the appeals on April 30.
Monday’s hearing was only the second time that Weinstein has appeared in court since he was sentenced to 23 years in prison in March 2020. He appeared remotely from the Wende Correctional Facility, the maximum security state prison where he is serving his sentence. He used a walker, but smiled as he talked to his lawyers before the hearing. He answered a few simple questions from the judge, but did not participate in the proceedings.
Los Angeles prosecutors want Weinstein to be brought to Los Angeles for trial on 11 charges, which could lead to 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 latest wrinkle, LA prosecutors have filed sealed charges against Weinstein. The indictment reflects the charges that have already been filed, but it allows prosecutors to avoid a documentary hearing, which would delay the process. Once Weinstein is brought to LA, prosecutors have 120 days to try him.
Fox News first reported the charges on Sunday.
Norman Effman, a New York attorney who represented Weinstein, argued that the charges mean the extradition request is now outdated.
“I have nothing at the level of indictment to show that a judge has signed this request,” said Effman.
Colleen Curtin Gable, an assistant district attorney in Erie County, said Effman’s opposition was “a bit of a surprise.” She also stated that a timely extradition is important for all parties, including the victims in the Los Angeles case.
In a press conference following the proceedings, Erie County district attorney John Flynn accused Effman of participating in a “ sandbag movement. ”
“Obviously it’s a procrastination 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’s been accused of.”
If Judge Kenneth Case approves the extradition request – which is usually a formality – Weinstein could appeal to Gov. Andrew Cuomo, who has 30 days to decide whether to intervene.
Effman also suggested that Weinstein could stay in New York and appear remotely for a preliminary investigation in Los Angeles, but said that request had been denied.
“We know where he is,” said Effman. “He’s not going anywhere.”
Effman also argued that Weinstein suffers from a variety of medical problems that require extensive treatment. He said Weinstein has dental problems and four teeth have been removed. Effman said he also has heart problems, back problems, sleep apnea and is almost legally blind.
Effman said Weinstein’s lawyers in Los Angeles wanted to strike a deal with the district attorney’s office on extradition. Those negotiations have failed.
Effman was given until April 20 to submit his objections in writing. The Erie County District Attorney’s office will respond on April 27.
Weinstein’s lawyers appealed his conviction in New York last week, arguing that the judge should have disqualified a juror who had written a novel on themes of sexual predation.