NEW YORK — Harvey Weinstein remains in custody in New York while pending retrial on allegations of rape and sexual abuse in Manhattan, prosecutors confirmed Monday as the former movie mogul briefly appeared in court in connection California’s request to extradite him there.
But after the case in New York is concluded, he will return to California to serve his sentence there. his upcoming sentence of 16 years for a separate rape conviction, Queens District Attorney Melinda Katz said in a statement.
“Today, Defendant Harvey Weinstein was formally served with a summons pursuant to an order from Governor Kathy Hochul, who exercised her authority to have him remain in New York State until his New York County case is heard,” Katz said. “He will serve the California sentence first, as that is now his primary sentence.”
Weinstein, who denies raping or sexually assaulting anyone, convicted in Los Angeles in 2022 while I am already employed a prison sentence of 23 years in New York. His 2020 conviction in Manhattan was was thrown out this spring by the state Supreme Court, which ruled that the judge in the original trial had improperly allowed testimony against Weinstein based on allegations that were not part of the case.
The new trial in Manhattan is tentatively scheduled for November.
Weinstein, 72, with one hand shackled to his wheelchair and the other clutching a book and magazine, appeared in court in Queens for less than five minutes Monday, while his lawyers agreed he will remain in the nearby Rikers Island jail complex, where Weinstein has returned after being admitted to hospital last month for health problems such as COVID-19 and pneumonia in both lungs.
The extradition case took place in Queens District Court instead of Manhattan, due to its proximity to Rikers Island.
Prosecutors in Manhattan said last month that they plan to file new sexual assault charges against Weinstein, but they have not provided further details or a timetable for filing the potential new charges.
Arthur Aidala, Weinstein’s attorney, said at the time that prosecutors’ talk of new prosecutors raised questions about the strength of their current case.
