Harvey Weinstein fights California extradition due to producer's 'very serious health issues'

Harvey Weinstein's legal team fought the disgraced movie mogul's extradition to California.

His legal team asserted his right not to be extradited to California at this time, mostly so that he can prepare for his re-trial and due to his "very serious health issues." Weinstein showed up for the Thursday hearing in a wheelchair wearing a dark suit.

"Our main concern in all of this is that Mr. Weinstein is here in New York, so we can prepare for trial and that he get the medical care he needs," Diana Fabi Samson told reporters during a post-hearing press conference. "And just concerned that travel … would impact his health issues."

She later emphasized: "He has very serious health issues. And I think it's also worth noting that since the day he was incarcerated, he has been in a hospital setting."

Samson also noted that California is "not in a position to extradite Mr. Weinstein because they have not done what they need to do."

For now, Weinstein will remain locked up in New York as a court works out whether he should stay in a city jail while he awaits his retrial or be sent back to California to continue serving a prison sentence.

His next appearance in this matter is set for Aug. 7.

California has requested Weinstein be extradited to begin serving his 16-year sentence due to the appeals court overturning the entertainment mogul's New York conviction.

Weinstein has not served any of the 16-year sentence he was given after being found guilty in California on charges separate from the New York overturned conviction. Weinstein was found guilty of rape, forced oral copulation and another sexual misconduct count involving a woman known as Jane Doe 1 in California. His legal team has vowed to appeal the conviction.

Weinstein was sentenced to 23 years in prison after being convicted in February 2020 of forcing oral sex on TV and film production assistant Mimi Haley in 2006 and third-degree rape of hairstylist Jessica Mann in 2013.

He was acquitted of first-degree rape and two counts of predatory sexual assault from actor Annabella Sciorra’s allegations of rape in the 1990s. Weinstein has denied ever engaging in non-consensual sex.

A New York appeals court overturned Weinstein’s 2020 rape conviction, ordering a new trial in a stunning reversal of a landmark #MeToo case.

In a 4-3 decision, the court found that Weinstein's trial judge allowed prosecutors to call women who said Weinstein had assaulted them to testify, even though their accusations did not specifically relate to the entertainment mogul's charges.

The 72-year-old film producer will be retried on the New York charges. Last week prosecutors claimed they would be ready to re-try Weinstein as early as September.

"We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault," a spokesperson for the Manhattan DA previously told Fox News Digital.

Weinstein will return to court May 29 for a discovery hearing related to the new trial.

Fox News' Jennifer Johnson and The Associated Press contributed to this report.

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