Harvey Weinstein’s attorneys are working out of the way to stall his extradition to Los Angeles to face 11 costs of rape and sexual assault.
Weinstein is serving a 23-year sentence at a most safety jail close to Buffalo, N.Y. His attorneys have sought to delay his extradition so long as potential, arguing that his therapy for a bunch of well being points shouldn’t be interrupted. Earlier this month, his attorneys argued that the extradition paperwork was not so as, and gained a short reprieve.
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However prosecutors have since resubmitted the extradition request, and Weinstein’s extradition now seems all however inevitable. At a listening to on Friday morning, Erie County Choose Kenneth Case indicated that he might be despatched to Los Angeles in 30 days except Gov. Andrew Cuomo intervenes.
“We don’t want to return again,” the decide stated. “He has 30 days to contest the arrest or have the governor disapprove of the switch.”
Weinstein faces 11 counts of rape and sexual assault in Los Angeles, which carry a theoretical most sentence of 140 years. The extradition was first filed almost a 12 months in the past, however has been repeatedly delayed resulting from COVID restrictions within the Los Angeles court docket system.
Weinstein appeared remotely from a room on the Wende Correctional Facility, a jail exterior Buffalo. He wore a long-sleeved shirt, and stated, “Good morning, your honor,” however in any other case left the speaking to Norman Effman, his legal professional.
Effman argued on the earlier listening to that the extradition paperwork was old-fashioned, as a result of Los Angeles prosecutors had obtained an indictment towards Weinstein that outmoded the unique costs. Effman submitted a movement fleshing out his argument earlier this week. Slightly than get into litigation over it, prosecutors submitted a brand new extradition request based mostly on the indictment.
Effman conceded that his earlier objection is now moot, however argued that Weinstein ought to be allowed to return again earlier than the decide once more to handle any objections to the brand new request. Erie County prosecutor Colleen Curtin Gable stated that Weinstein ought to increase any objections he could have on the brand new request within the listening to.
“He’s earlier than a court docket proper now,” Curtin Gable stated.
Effman additionally conceded that he now has 30 days to attraction to Cuomo to dam the extradition. Effman stated he would file a brand new habeus corpus petition inside that 30-day interval, which might deliver the matter again to the Buffalo courtroom but once more.
One other Weinstein legal professional, Mark Werksman, stated after the listening to that Weinstein seems to be ahead to defending himself in Los Angeles.
“Harvey is keen to defend himself towards these spurious costs, however he’ll solely accomplish that after being topic to a good and lawful extradition course of,” Werksman stated in an announcement.
In a follow-up assertion, Werksman added that COVID points will forestall the Los Angeles court docket system from holding a trial “for the foreseeable future.” The court docket system is holding jury trials, although fewer than below regular circumstances. The court docket additionally just lately introduced that the high-profile homicide trial of Robert Durst — which was suspended final 12 months as a result of pandemic — will resume in mid-Might.
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