Editor’s note: This report discusses charges of sexual assault.

On Tuesday, disgraced Hollywood mogul, Harvey Weinstein was in the process of being extradited to California to face additional sexual assault charges, according to an initial report by New York prison officials to The Post. All five accusers testified during the grand jury hearings, which is required under California law.

Weinstein, 69, had previously been incarcerated in upstate New York at the Wende Correctional Facility in Erie County – serving a 23-year sentence for rape and sexual assault following his February 2020 conviction of raping hairstylist Jessica Mann in 2013 and forcibly performing oral sex on former “Project Runway” TV staffer Miriam “Mimi” Haleyi in 2006.

While the Miramax co-founder has denied all wrongdoing and is currently appealing that conviction, the California case is expected to proceed first.

The sexual predator, carted out of prison in a wheelchair, was dressed in a white shirt and khaki pants. Pursuant to a court order, Weinstein was handed over to the appropriate officials for transfer to California at approximately 9:25 a.m. Tuesday morning, according to an email by a spokesperson for the New York Department of Corrections and Community Supervision.

As of today, the fallen Hollywood executive faces 11 counts of rape, sexual battery, and other charges involving five additional women in Los Angeles, which could tack on an additional 140 years to life behind bars, if convicted. 

Now, keep in mind, this is certainly not a fast process, as Los Angeles authorities will have to arraign Weinstein, most likely unsealing the current indictment against him (bringing it to the public’s attention). The LA indictment is expected to mirror the criminal complaint filed against Weinstein in January 2020 by the LA County District Attorney’s Office.

Upcoming Trial

Currently, LA prosecutors have 120 days after Weinstein’s arrival in the State of California to begin trial proceedings, according to one of Weinstein’s lawyers, Norman Effman. 

Perhaps what is most troubling here is the confidence that Weinstein’s legal team seems to offer with respect to the upcoming trial. 

“There won’t be a trial for four to six months,” Effman explained, adding that “[he and his team] are confident about success at the trial.”

Last month, Effman attempted to argue that his client shouldn’t be extradited due to the disgraced former mogul’s multiple medical issues that would go unaddressed if imprisoned in LA. 

The reality of today’s jail and prison system, unfortunately, puts most prisoners at a disadvantage when it comes to (timely) addressing medical conditions. So, why should Weinstein be given special attention here? It appears the Erie judge agreed with that notion, denying Effman’s request to not extradite his client. 

However, Effman stated on Tuesday that “[t]here’s a big difference between a jail and a prison,” distinguishing prisons are for long-term inmates, while jails are for short-term stays, which affect the quality of medical care their respective inmates get.

Weinstein, according to Effman, suffers from diabetes, and cardiac and eye problems, and wouldn’t pose a flight risk. In other words, “he isn’t going anywhere,” and would have been secure at Wende until the trial in Los Angeles. This article will be updated to reflect changes as the court system provides updates.

Updates: (as of 7/21/21)

• Weinstein pleaded guilty to charges of rape and sexual assault in a Los Angeles County courtroom Wednesday.
• According to the indictment filed by the Los Angeles County district attorney and unsealed Wednesday, the alleged incidents took place between 2004 and 2013.
• The formal charges include four counts each of forcible rape and forcible oral copulation, two counts of sexual battery by restraint and one count of sexual penetration by use of force.