By Cedar Attanasio
NEW YORK (AP) --Harvey Weinstein will remain in custody in New York while awaiting retrial on rape and sexual assault charges in Manhattan, prosecutors confirmed Monday as the former movie mogul made a brief court appearance related to California’s request to extradite him there.
But after the New York case is complete, he will return to California to serve his pending 16-year sentence for a separate rape conviction there first, Queens District Attorney Melinda Katz said in a statement.
“Today, defendant Harvey Weinstein was formally arraigned on a governor’s warrant issued by Governor Kathy Hochul, who exercised her authority for him to remain in New York State until his case in New York County is adjudicated,” Katz said. “He will serve the California sentence first, as it is now his primary sentence.”
Weinstein, who has denied that he raped or sexually assaulted anyone, was convicted in Los Angeles in 2022 while already serving a 23-year sentence in New York. His 2020 conviction in Manhattan was was thrown out this spring by the state’s top court, which ruled that the judge in the original trial unfairly allowed testimony against Weinstein based on allegations that weren’t part of the case.
The retrial in Manhattan is tentatively scheduled for November.
The 72-year-old Weinstein, with one hand cuffed to his wheelchair and another grasping a book and a magazine, appeared in Queens criminal court for less than five minutes Monday as his lawyers agreed that he will remain at the nearby Rikers Island jail complex. Weinstein has returned there after being hospitalized last month for health problems including COVID-19 and pneumonia in both lungs.
The extradition matter has been taking place in Queens, rather than Manhattan, court due to its proximity to Rikers Island.
Prosecutors in Manhattan said last month that they aim to bring new sexual assault charges against Weinstein but haven’t given more details, nor a timeline for bringing the potential new charges.
Weinstein lawyer Arthur Aidala suggested at the time that prosecutors’ talk of new accusers raised questions about the strength of their current case.
Harvey Weinstein hit with new sex crime charge in New York
Harvey Weinstein pleaded not guilty Wednesday to a new sex crime charge in New York, as he awaits retrial in his landmark #MeToo case.
Details of the new allegations were not immediately available. He was charged with committing a criminal sex act.
The jailed ex-movie mogul has long maintained that any sexual activity was consensual.
Prosecutors revealed last week that Weinstein had been indicted on additional sex crime charges that weren't part of the case that led to his now-overturned 2020 conviction. But the new indictment was sealed until his arraignment.
Prosecutors have said that the grand jury heard evidence of up to three alleged assaults โ two in hotels in the Tribeca neighborhood and one at a lower Manhattan residential building. The purported incidents took place from the mid-2000s to 2016, prosecutors said.
But it's not clear whether any of those allegations underlie the new indictment.
While bracing for the new charges, Weinstein also is awaiting retrial after New York state's highest court this spring overturned his 2020 conviction on rape and sexual assault charges involving two women. The high court, called the Court of Appeals, ordered a new trial, which is tentatively scheduled to begin Nov. 12.
The Court of Appeals ruled that the then-trial judge unfairly allowed testimony against him based on allegations that were not part of the case. That judge's term expired in 2022, and he is no longer on the bench.
Prosecutors have said they'll seek to fold the new charges into the retrial, but Weinstein's lawyers say it should be a separate case.
Weinstein, who also was convicted in 2022 in a Los Angeles rape case, remains behind bars while awaiting his New York retrial.
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