Film producer Harvey Weinstein is scheduled to appear virtually before Erie County Court Judge Kenneth Case for an extradition proceeding Monday afternoon.
Weinstein is currently being held at Wende Correctional Facility in Alden. Last week, his lawyers demanded a new trial more than a year after his rape conviction.
They argued in court papers on April 5 that the landmark #MeToo prosecution that put him behind bars was buoyed by improper rulings from a judge who was “cavalier” in protecting the disgraced movie mogul’s right to a fair trial.
In a 166-page brief filed with a state appellate court, Weinstein’s lawyers took repeated aim at Judge James Burke. They argued that he swayed the trial’s outcome with rulings favorable to prosecutors. Those including decisions allowing additional accusers to testify about allegations that never led to criminal charges.
The Manhattan district attorney’s office said it would respond in its own court filing.
Meanwhile, Fox News is reporting Weinstein was secretly indicted on rape charges by a grand jury in Los Angeles a couple weeks ago. The move by LA District Attorney George Gascón should facilitate the extradition of the Hollywood producer from New York so that he can be tried.
Fox said the indictment is virtually identical to the criminal complaint, which had been filed in January 2020.
Weinstein is already serving a 23-year sentence for rape and sexual assault. Fox said he faces 11 counts in California, including rape and sexual battery for five incidents that allegedly took place between 2004 and 2013. If convicted, he faces up to 140 years behind bars.