Weinstein will await his retrial in New York jail

NEW YORK — harvey weinstein will remain locked up in new York as a court works out whether he should stay in a city jail while awaiting retrial or be sent to california to serve his prison sentence for rape there.

the fallen movie mogul, who showed up for the hearing in a wheelchair and wearing a dark suit, did not consent to california’s extradition request during a brief court hearing thursday. the 72-year-old will remain behind bars at the Rikers Island jail, where he was returned to from a city hospital just days ago.

california now needs to produce a warrant signed by the governor within 90 days, Judge Joanne watters said.

“they are not in a position to extradite mr. weinstein because they have not done what they need to do,” Diana Fabi samson, weinstein’s lawyer, said outside court following the appearance.

the los angeles county District attorney’s office, which prosecuted weinstein, referred extradition questions to the state Department of corrections and Rehabilitation, which didn’t immediately respond to an email seeking comment.

watters scheduled weinstein’s next appearance on the extradition question for aug. 7 — just weeks before new York prosecutors said they could be ready to try him again.

the 16-year sentence weinstein received in california in 2023 for raping a woman at a 2013 los angeles film festival had been on ice while he served a 23-year rape sentence in new York.

after the new York conviction was overturned last month, manhattan prosecutors said that they are working to retry him, and that at least one of two accusers was willing to testify again.

the former movie executive has denied the new York charges, which accused him of raping an aspiring actress in 2013 and sexually assaulting a tV and film production assistant in 2006. the 2020 verdict was heralded as a milestone in the #metoo movement, an era that began in 2017 with a flood of allegations against weinstein.