Harvey Weinstein ‘is secretly indicted by LA grand jury on rape charges’

Harvey Weinstein was secretly indicted on rape charges by a grand jury in Los Angeles, according to a report.

The indictment came ‘a couple of weeks ago’ and closely resembles a criminal complaint filed in January 2020 by former DA Jackie Lacey, Fox News reported.

It will likely facilitate the disgraced movie mogul’s extradition from New York, where he is already serving a 23-year sentence for rape and sexual assault.

Weinstein faces 11 counts in California, including rape and sexual battery involving five incidents between 2004 and 2013.

If convicted, the former Hollywood producer faces up to 140 years in prison.

Fox reported that the sealed indictment, along with the arrest warrant for Weinstein, are expected to be made public on Monday afternoon following an extradition hearing in Erie, New York.

The Los Angeles DA’s office did not respond to inquiries by Fox regarding the indictment. 

An attorney for two of Weinstein’s five accusers in the LA case declined to comment.  

The LA case against Weinstein has been delayed by the coronavirus pandemic but the DA’s office reportedly did not want to wait any longer to proceed. 

Weinstein, is currently serving his sentence at the Wende Correctional Facility near Buffalo, a maximum-security prison. Through his lawyer, has denied all charges against him.

‘These are stale, unsubstantiated, uncorroborated, uncredible allegations that arose during the hysteria of the #MeToo movement and we’re confident that Mr. Weinstein will be acquitted because there’s no credible evidence against him. He’s innocent,’ defense lawyer Mark Werksman said. 

In Monday’s hearing, Weinstein’s attorneys are expected to ask for a delay to the extradition because his reportedly poor health could put him at risk due to the pandemic.

If the expected request is refused, Weinstein could be extradited to Los Angeles within 30 days.

Experts said an indictment can help LA prosecutors streamline legal proceedings by going straight to trial.

If the extradition had been done solely on the basis of a criminal complaint, a preliminary hearing would have been required.

‘This process will eliminate the need for a preliminary hearing which is kind of a minitrial like we saw in the OJ case: there was the trial before the trial,’ criminal defense attorney Troy Slaten told Fox News, referring to the 1994-5 OJ Simpson murder trial. 

Regardless of the outcome of the LA case, the former producer would have to return to New York to serve the remainder of his 23-year-sentence, which he is currently appealing.