A Buffalo, N.Y., judge on Tuesday approved the extradition of Harvey Weinstein to face sexual assault and rape charges in Los Angeles, rejecting the producer’s last-ditch efforts to stall the transfer.
Weinstein is likely to be moved from Upstate New York to Los Angeles sometime in July, prosecutors said on Tuesday. Weinstein’s attorney, Norman Effman, said that he would appeal the decision. He asked for a stay that would block the order from taking effect pending the appeal, but that too was denied.
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Weinstein appeared remotely from the Wende Correctional Facility, where he is serving a 23-year-sentence and receiving treatment for a long list of ailments. He wore a red shirt and a walker could be seen at his side. After the judge made his ruling, Weinstein held his head in his hands.
Weinstein, 69, faces 11 sexual assault charges in Los Angeles involving five women. If convicted, he could face up to an additional 140 years behind bars. His extradition has been repeatedly delayed due to COVID-19 protocols in the court system.
He has been resisting extradition since April, with his attorney repeatedly arguing that the paperwork is not in order. Effman again raised the paperwork issue at the hearing on Tuesday, but did not offer much explanation for his objections. He also stumbled when referring to the Interstate Agreement on Detainers, calling it the “IUD” instead of IAD.
“We are challenging the paperwork because it’s not right,” he said. “It’s a legal technicality that is based on due process.”
He also said that Weinstein would not receive adequate treatment in Los Angeles. Colleen Curtin Gable, an Erie County prosecutor, argued that was not the case.
“It’s Los Angeles,” she said. “It’s not some remote outpost that doesn’t have any sort of medical care.”
Effman also argued that the Los Angeles case could proceed with Weinstein appearing remotely from prison in New York.
Judge Kenneth Case denied Effman’s petition to block the extradition, and denied the stay.
“If California doesn’t come to pick up Mr. Weinstein within a reasonable period of time, certainly come back to see me,” Case said.
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