A lawyer for Weinstein, who is currently imprisoned near Buffalo on a 23-year sentence after his rape conviction in Manhattan, said the sealed indictment is nearly identical to an 11-count felony complaint filed by Los Angeles prosecutors in October, grounded in rape and sexual assault accusations by five women.
Attorney Norman Effman said Weinstein's transfer should be delayed because the Los Angeles County district attorney bungled the paperwork and because the former producer has pending medical appointments after losing four teeth in prison and going nearly blind.
"He is almost technically blind at this point and is in need of surgery and shots," said Effman, outlining why compassion should be shown to the aging inmate. "He also has some major dental issues," having scheduled "procedures to save his teeth. And he's lost, I think, four at this point."
After Effman detailed Weinstein's health concerns, which also include cardiac problems, back issues and sleep apnea, he told the court that prosecutors have rejected requests for a delayed transfer on that basis. He then introduced a new line of attack, saying the prosecution's transfer paperwork is flawed.
"I have nothing on the indictment level that shows that a judge signed this request," said Effman, arguing that the interstate request for temporary custody was deficient. The paperwork bears only the complaint number and not the new indictment number, he said.
A prosecutor for the Erie district attorney appeared annoyed and caught off guard by the latest gambit to derail Weinstein's extradition, which Los Angeles prosecutors have been pursuing since the day he was sentenced in New York, just before the COVID-19 shutdown.
"This is a little bit of a surprise," said Erie County Assistant District Attorney Colleen Curtin Gable, with her hand on her hip. "Obviously, if you're taking issue that there appears to be a document missing that was filed in the prior two appearances, that is your right to challenge and I would ask for a quick turnaround from this court."
The judge asked for briefs ahead of an April 30 hearing on Weinstein's petition.
In a statement to reporters in Buffalo, District Attorney John Flynn said he anticipated that "LA County is just going to give me the new paperwork that is correct within the next 15 days, so it's probably going to be a moot point."
The Los Angeles district attorney's office declined to comment.
Effman also noted that he was drafting a request for Gov. Andrew Cuomo to block the extradition.
In February 2020, Weinstein was convicted by a Manhattan jury of criminal sexual act and third-degree rape for the alleged sexual assault of former "Project Runway" assistant Miriam Haley in 2006 and alleged rape of aspiring actress Jessica Mann in 2013.
A New York judge sentenced him to 23 years for his crimes. Last week, Weinstein appealed that conviction, arguing it was tainted by irrelevant sexual misconduct claims and a biased juror.
Los Angeles prosecutors first revealed charges against the producer at the opening of the New York trial and tacked on new charges last fall, adding three counts of rape and three counts of forcible oral sex in addition to the five original charges of rape and sexual assault. The existence of a sealed indictment was first reported by Fox News but confirmed for the first time in court Monday.
Weinstein now awaits trial in California, but argues that the Los Angeles district attorney should allow him to make remote appearances up until the eve of trial.
Weinstein appeared in good spirits at the start of the hearing on Monday, thanking his attorney Mark Werksman for providing an "awesome" statement for a Fox News article as he buoyantly noted commenters were "three to one in favor of us."
When Effman warned Weinstein his comments were being broadcast, however, the former producer fell silent.
Erie County is represented in the extradition matter by Colleen Curtin Gable and Matthew Powers of the Erie County District Attorney's Office.
Weinstein is represented in the extradition matter by Norman Effman. He is represented in the Los Angeles case by Mark Werksman of Werksman Jackson & Quinn LLP, and Blair Berk of Tarlow & Berk PC. He has been represented in the New York case by Donna Rotunno and Damon Cheronis, and Arthur L. Aidala, Diana Fabi Samson, John S. Esposito and Barry Kamins of Aidala Bertuna & Kamins PC.
Los Angeles County is represented in its case by Paul Thompson of the Los Angeles County District Attorney's Office.
The Los Angeles case is The People of the State of California v. Weinstein, case number BA483663, in the Superior Court for the State of California, County of Los Angeles.
The New York case is New York v. Weinstein, case number 02335/2018, in the Supreme Court of the State of New York, County of New York.
--Editing by Adam LoBelia.
Update: This article has been updated with additional details about Weinstein's extradition case.
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