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Harvey Weinstein must go to prison in California after retrial in New York

Harvey Weinstein will be transferred to a California prison following the resumption of his rape and sexual assault trial in New York, prosecutors announced Monday.

The disgraced Hollywood mogul will remain at Rikers Island in New York City until his case in Manhattan is resolved. His conviction on the East Coast was overturned earlier this summer, and the retrial will take place in November.

Weinstein appeared in court on Monday.

After the hearing, Queens District Attorney Melinda Katz stated: “Today, the defendant Harvey Weinstein was officially arraigned on an arrest warrant issued by Governor Kathy Hochul, who exercised her authority to require him to remain in New York State pending the outcome of his case in New York County.

Harvey Weinstein, pictured here in May, will remain on Rikers Island in New York City until after his retrial in Manhattan, which is scheduled to begin in November.
Harvey Weinstein, pictured here in May, will remain on Rikers Island in New York City until after his retrial in Manhattan, which is scheduled to begin in November. (AP)

“The defendant – who was convicted of rape and other crimes in California – will be returned to the State of California following the conclusion of his trial in New York County. He will initially serve the California sentence, as that is now his primary sentence.

“We thank Governor Hochul and California Governor Gavin Newsom’s extradition staff, as well as our partners in the New York County District Attorney’s Office, the California Attorney General’s Office, and the California Department of Corrections and Rehabilitation for their assistance in this matter.”

Weinstein, 72, was found guilty of rape and sexual assault in New York in 2020. In June 2024, the verdict was overturned by appeals judges who ruled that jurors should not have heard testimony from women who had accused the film producer of misconduct but whose allegations were not part of the case.

Judge Curtis Farber has tentatively scheduled a retrial date for November 12.

While his conviction was overturned in New York, Weinstein remains behind bars in California for his 16-year sentence. He was convicted in another rape case in Los Angeles in 2022, and prosecutors have pushed for his extradition.

Weinstein denies raping or sexually abusing anyone and appealed his California conviction in June.

“Harvey Weinstein was tried by a system that was intent on 'getting' him at any cost. This appeal reveals nearly a dozen areas of glaring legal missteps that violated his right to a fair trial,” said his publicist Juda Engelmayer. NBC News in June.

After the trial in Los Angeles, he was found guilty of sexually abusing a woman known as Jane Doe 1. Weinstein was found not guilty of sexually abusing Jane Doe 2, and the jury was unable to reach a decision on whether or not he committed three other alleged sexual assaults.