Harvey Weinstein won't be sent back to California while he awaits New York rape retrial

NEW YORK (AP) — 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 Empire State conviction was overturned late last month, Manhattan prosecutors said they are working to retry him, and at least one of two accusers was willing to testify again.

The once-powerful former movie executive has denied the New York charges, which accused him of raping an aspiring actor in 2013 and sexually assaulting a TV and film production assistant in 2006. The 2020 verdict was heralded at the time as a milestone in the #MeToo movement, an era that began in 2017 with a flood of allegations against Weinstein.

In vacating the convictions, New York’s highest court found that the trial judge prejudiced Weinstein with improper rulings, including by letting other women testify about allegations he wasn’t charged with.

Representatives for Weinstein said Thursday their main concern is making sure he gets the medical care he needs while in custody in New York.

“He is holding up as well as expected under the circumstances of being incarcerated with the health issues,” Samson said.

Weinstein was doing his time in an upstate New York prison until he was transferred to city custody following the appeals court decision. Then he was sent to Manhattan’s Bellevue Hospital, where his publicist says he was treated for pneumonia and other medical issues. He was moved back to Rikers on Monday.

Craig Rothfeld, a jail consultant working with Weinstein's attorneys, stressed that the decision where to house Weinstein was made solely by city officials without input from his legal team.

“There’s been a lot of rumors about him having a cushy room. There have been false narratives about what that room is like,” he said. “He has very serious health issues. Since the day he has been incarcerated, he has been in a hospital setting, so the narrative that he should not be in Bellevue is really not a narrative that makes sense.”

Jail consultant Craig Rothfeld, left, speaks alongside Diana Fabi Samson, center, and John Esposito, right, attorney's for Harvey Weinstein, outside Queens criminal court, Thursday, May 9, 2024, in New York. Harvey Weinstein returned to court in New York City as authorities consider an extradition request from California to serve his sentence for a 2022 rape conviction. The 16-year sentence Weinstein received for raping a woman at a Los Angeles film festival in 2013 had been on ice while he served time in New York. (AP Photo/Julia Nikhinson)

Diana Fabi Samson, center, and John Esposito, right, attorney's for Harvey Weinstein along with jail consultant Craig Rothfeld, speak outside Queens criminal court, Thursday, May 9, 2024, in New York. Harvey Weinstein returned to court in New York City as authorities consider an extradition request from California to serve his sentence for a 2022 rape conviction. The 16-year sentence Weinstein received for raping a woman at a Los Angeles film festival in 2013 had been on ice while he served time in New York. (AP Photo/Julia Nikhinson)

Harvey Weinstein appears in Queens criminal court, Thursday, May 9, 2024, in New York. Harvey Weinstein returned to court in New York City as authorities considered an extradition request from California to serve his sentence for a 2022 rape conviction. The 16-year sentence Weinstein received for raping a woman at a Los Angeles film festival in 2013 had been on ice while he served time in New York. (AP Photo/Julia Nikhinson)

Harvey Weinstein, is escorted into Queens criminal court, Thursday, May 9, 2024, in New York. Harvey Weinstein returned to court in New York City as authorities consider an extradition request from California to serve his sentence for a 2022 rape conviction. The 16-year sentence Weinstein received for raping a woman at a Los Angeles film festival in 2013 had been on ice while he served time in New York. (AP Photo/Julia Nikhinson)

Diana Fabi Samson, second from left, and John Esposito, attorney's for Harvey Weinstein enter Queens criminal court, Thursday, May 9, 2024, in New York. Harvey Weinstein returned to court in New York City as authorities consider an extradition request from California to serve his sentence for a 2022 rape conviction. The 16-year sentence Weinstein received for raping a woman at a Los Angeles film festival in 2013 had been on ice while he served time in New York. (AP Photo/Julia Nikhinson)

Diana Fabi Samson, attorney for Harvey Weinstein, speaks outside Queens criminal court, Thursday, May 9, 2024, in New York. Harvey Weinstein returned to court in New York City as authorities consider an extradition request from California to serve his sentence for a 2022 rape conviction. The 16-year sentence Weinstein received for raping a woman at a Los Angeles film festival in 2013 had been on ice while he served time in New York. (AP Photo/Julia Nikhinson)

Diana Fabi Samson, second from left, and John Esposito, attorney's for Harvey Weinstein enter Queens criminal court, Thursday, May 9, 2024, in New York. Harvey Weinstein returned to court in New York City as authorities consider an extradition request from California to serve his sentence for a 2022 rape conviction. The 16-year sentence Weinstein received for raping a woman at a Los Angeles film festival in 2013 had been on ice while he served time in New York. (AP Photo/Julia Nikhinson)

Harvey Weinstein appears in Queens criminal court, Thursday, May 9, 2024, in New York. Harvey Weinstein returned to court in New York City as authorities considered an extradition request from California to serve his sentence for a 2022 rape conviction. The 16-year sentence Weinstein received for raping a woman at a Los Angeles film festival in 2013 had been on ice while he served time in New York. (AP Photo/Julia Nikhinson)

Harvey Weinstein appears in Queens criminal court, with his attorneys, Diana Fabi Samson, left, and John Esposito, Thursday, May 9, 2024, in New York. Harvey Weinstein returned to court in New York City as authorities consider an extradition request from California to serve his sentence for a 2022 rape conviction. The 16-year sentence Weinstein received for raping a woman at a Los Angeles film festival in 2013 had been on ice while he served time in New York. (AP Photo/Julia Nikhinson)

Harvey Weinstein appears in Queens criminal court, Thursday, May 9, 2024, in New York. Harvey Weinstein returned to court in New York City as authorities considered an extradition request from California to serve his sentence for a 2022 rape conviction. The 16-year sentence Weinstein received for raping a woman at a Los Angeles film festival in 2013 had been on ice while he served time in New York. (AP Photo/Julia Nikhinson)

Harvey Weinstein won't be sent back to California while he awaits New York rape retrial

Harvey Weinstein won't be sent back to California while he awaits New York rape retrial

FILE - Harvey Weinstein appears at Manhattan criminal court for a preliminary hearing on Wednesday, May 1, 2024 in New York. (Steven Hirsch/New York Post via AP, File)

MIAMI (AP) — Harrison Bader and Tyrone Taylor each drove in two runs in a four-run first inning, star closer Edwin Díaz was not used in a save situation and the New York Mets beat the Miami Marlins 7-3 on Sunday for just their second win in seven games.

Brandon Nimmo homered and Francisco Lindor singled twice following a 1-for-27 skid as the Mets rebounded from blowing a four-run, ninth-inning lead on Saturday and avoided a three-game sweep. New York stopped Miami’s four-game winning streak.

“You’re not defined by what you do the day before. You’re defined by how you get up from adversity,” Lindor said. “We wanted this one for sure. I think it’s important to win after a tough loss like that.”

Sean Manaea (3-1) allowed two runs and five hits in five innings. Sean Reid-Foley and Jake Diekman pitched an inning each, and Reed Garrett got his second save by allowing one hit over two innings with four strikeouts in a 34-pitch outing.

Díaz has a 10.80 ERA over his last eight appearances after serving up four homers in 8 1/3 innings. He has blown three of his last four save chances.

“We all believe in him. We all know he’s going to be back,” Garrett said. “Whenever my name’s called, I’ll pitch, but I know as a collective unit we all believe in Edwin and we know what he can do.”

New York (21-25) had dropped five games under .500 on Saturday for the first time since an 0-5 start.

“Not an easy weekend, not the way we expected, but we just have to continue to move forward,” Mets manager Carlos Mendoza said. “Today was a huge win for us.”

With New York ahead 4-3, Nimmo hit a two-run homer off Anthony Bender in a three-run ninth that included Brett Baty’s RBI single.

“I was just looking for a good pitch in the middle of the plate to drive,” Nimmo said. “I was able to hit that ball — good launch angle — and hit it hard. Found its way out of the ballpark.”

Nimmo returned to the lineup Saturday after missing two games because of a stomach illness.

“I’m coming around,” Nimmo said. “It’s been a little bit of a journey the last three days to get over the sickness. Right now, I’m just trying to get some appetite back. I’m definitely not at 100%. Just trying to battle through it and glad that I was able to help out there at the end and solidify the win.”

Dane Myers hit a two-run homer in the second, and Christian Bethancourt had a solo drive in the seventh against DIekman.

Sixto Sánchez (0-2) allowed four runs and six hits in four innings. He gave up Taylor’s two-out double in the first and Bader’s single.

“He was obviously better second through the fourth inning but he put us in a hole early,” Marlins manager Skip Schumaker said. “At this level it’s hard to come back from four runs every single time. He’s not giving his teammates a chance to win.”

Miami recalled right-handed reliever Emmanuel Ramirez from Jacksonville and optioned right-handed reliever Anthony Maldonado to the Triple-A farm team.

TRAINER’S ROOM

Mets: DH J.D. Martinez (flu symptoms) didn’t play but was available to pinch hit. Mendoza said Martinez played through the illness the prior two days.

Marlins: INF Tim Anderson (lower back tightness) homered and had three singles in five at-bats during a rehab game with Jacksonville on Saturday, then went 0 for 4 with a walk on Sunday.

UP NEXT

Mets: RHP Tylor Megill (0-1, 2.25) will start the opener of a three-game series at Cleveland on Monday. RHP Ben Lively (2-2, 3.06) will start for the Guardians.

Marlins: LHP Ryan Weathers (2-4, 3.81) is scheduled to start the opener of a three-game home series against Milwaukee on Monday. The Brewers will go with RHP Joe Ross (2-4, 4.61).

AP MLB: https://apnews.com/hub/mlb

New York Mets' Sean Manaea delivers a pitch during the first inning of a baseball game against the Miami Marlins, Sunday, May 19, 2024, in Miami. (AP Photo/Wilfredo Lee)

New York Mets' Brandon Nimmo (9) and Francisco Lindor (12) congratulate each other after they scored on a double by Tyrone Taylor, during the first inning of a baseball game against the Miami Marlins Sunday, May 19, 2024, in Miami. (AP Photo/Wilfredo Lee)

New York Mets center fielder Harrison Bader is unable to catch a ball hit by Miami Marlins' Josh Bell for a double, during the first inning of a baseball game, Sunday, May 19, 2024, in Miami. (AP Photo/Wilfredo Lee)

Miami Marlins third base Emmanuel Rivera, right, tags out New York Mets' Harrison Bader as he slides into third base during the fourth inning of a baseball game, Sunday, May 19, 2024, in Miami. (AP Photo/Wilfredo Lee)

New York Mets center fielder Harrison Bader (44) catches a ball hit by Miami Marlins' Josh Bell as both he and left fielder Tyrone Taylor (15) vie for the ball during the fifth inning of a baseball game, Sunday, May 19, 2024, in Miami. (AP Photo/Wilfredo Lee)

New York Mets relief pitcher Reed Garrett, right, and catcher Omar Narvaez celebrate after the Mets beat the Miami Marlins 7-3, during a baseball game, Sunday, May 19, 2024, in Miami. (AP Photo/Wilfredo Lee)