Disgraced movie mogul Harvey Weinstein is set to appear in a Queens courtroom following his transfer from Bellevue Hospital back to Rikers Island. This move comes after the New York State Court of Appeals overturned his felony sex crime conviction, making him no longer a convicted felon in New York. California has filed a writ of extradition to have Weinstein begin serving his 16-year sentence there. Weinstein is now technically considered a fugitive of California justice, and his attorneys will need to decide whether or not to waive the extradition. The final decision would be made by New York Gov. Kathy Hochul in the next 30 days.
One of Weinstein’s attorneys, Donna Rotunno, has stated that her client is a “sick man” with multiple health issues who has not received the same level of care since going into custody. Following a brief stay at Bellevue Hospital where he had access to a private bathroom, phone, and TV, Weinstein was transferred back to Rikers. The decision to reverse his conviction and 23-year sentence for rape and criminal sex acts came after the New York Court of Appeals found that the judge made errors that prevented Weinstein from receiving a fair trial. Plans for a retrial could move forward as early as this fall, according to the Manhattan District Attorney’s Office.
The writ of extradition filed by California is a result of Weinstein no longer being a convicted felon in New York, prompting the state to seek his presence to serve his sentence. The move is seen as California Governor Gavin Newsome’s way of demonstrating action against Weinstein. While Weinstein’s attorneys will have the opportunity to waive the extradition, the final decision lies with New York Gov. Kathy Hochul. This legal process is in response to the New York Court of Appeal’s decision to overturn Weinstein’s felony sex crime conviction, ruling that the judge in the case made errors that compromised the fairness of the trial.
Weinstein’s attorneys have previously stated that he is in poor health and has not received adequate care since being in custody. His stay at Bellevue Hospital was noted for providing a private bathroom, phone access, and a television in his intensive care unit. The decision to retry Weinstein could proceed in the coming months, with plans for a trial to potentially take place as soon as the fall. The ongoing legal battles and extradition proceedings add another layer to Weinstein’s case, following years of allegations and accusations of sexual misconduct and assault that led to his initial conviction in New York. The involvement of multiple states further complicates the situation and poses challenges for Weinstein and his legal team as they navigate the legal process.
