Harvey Weinstein’s Los Angeles extradition hearing has been delayed to December due to the pandemic, a spokesperson for the L.A. District Attorney’s Office told TheWrap on Friday.
Weinstein was originally expected to appear virtually for a hearing in Erie County — where he is currently incarcerated — on Friday morning before Judge Kenneth Case, but the proceeding was adjourned and moved to Dec. 11 based on an agreement between the L.A. District Attorney’s Office and Weinstein’s attorney.
“What would’ve happened today if they hadn’t come to an agreement is that basically the judge would’ve asked Mr. Weinstein, ‘Do you agree to go back to L.A.?’ Simple questions. He either would’ve said yes or no. If he would’ve said yes, then we’re done, he goes to L.A., this is all over. If he says no, then we would’ve scheduled a second hearing,” Erie County District Attorney John Flynn told reporters on Friday.
“At that second hearing, Mr. Weinstein would’ve had the burden to prove one of three things: One, that he is not the same person that was brought the charge in L.A. County. … Two, that he can contest that it wasn’t an actual crime that he’s being charged with in L.A. County. … Or the third contention he could’ve made is that the paperwork is wrong, that the paperwork that L.A. County sent out here, there’s a problem with it in some degree,” Flynn continued. “Those are really the only three grounds that anyone has to contest going back to wherever.”
The L.A. District Attorney’s Office requested temporary custody of Weinstein last month to begin criminal proceedings. In that case, Weinstein faces charges of forcible rape, forcible oral copulation, sexual penetration by use of force, sexual battery by restraint and sexual battery, based on the accounts of three women, for incidents occurring in 2010 and 2013.
Weinstein, who has denied accusations of non-consensual sex, faces up to 29 years in prison in the L.A. case. He is currently serving out a 23-year prison sentence after being convicted of rape and a criminal sexual act in New York earlier this year.