In a virtual hearing on Monday, the convicted sex offender, 69, appeared before Erie County Court Judge Kenneth Case and his lawyer, Norman Effman, cited Weinstein’s increasing health issues as one reason why he can’t leave New York just yet.
Effman said Weinstein is “almost technically blind at this point” and also suffers from cardiac and back problems plus diabetes and he has two procedures scheduled.
Weinstein also has major dental issues and he’s scheduled for “some dental procedures to save his teeth… he’s lost I think 4 at this point,” said Effman.
The defense is getting another three weeks to challenge the DA’s request for Weinstein to be extradited from NY state to Los Angeles.
The defense will file a challenge to the adequacy of LA’s paperwork on April 20th, the people will have to respond by April 27th and the judge will then hear the arguments and rule at a virtual hearing on April 30th.
“We’re not trying to avoid what is going to happen in California,” Effman said. “We believe there is not only a defense to these charges, but a very good defense to these charges.”
Weinstein maintains his innocence and contends that any sexual activity was consensual.
The disgraced movie mogul, who is already serving a 23-year sentence in New York for rape and sexual assault, faces 11 counts in California, including rape and sexual battery involving five incidents that allegedly took place between 2004 and 2013. If convicted, he faces up to 140 years behind bars.
The producer is serving his time at the maximum-security Wende Correctional Facility near Buffalo, New York.
The LA case has been delayed due to the COVID-19 pandemic, but the DA’s office does not want to wait any longer.
Weinstein appealed his 2020 conviction earlier this month. His lawyers filed a 166-page appeal claiming Manhattan Supreme Court Justice James Burke “woefully neglected” to ensure a fair trial.
The appeal also claims that the judge “shouldn’t have permitted testimony from four women whose sexual allegations hadn’t resulted in criminal charges.”
Weinstein’s legal team said the testimony “merely depicted Weinstein as loathsome” and didn’t have anything to do with the charges he was facing.
The team also called Weinstein’s sentencing unfair and “a death sentence.”
The Associated Press contributed to this report