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An Erie County, New York, judge determined Tuesday that Harvey Weinstein is fit to stand trial in Los Angeles, where he faces several charges of rape and sexual assault, despite Weinstein’s claim that a trip to California, where he’d likely spend time in jail awaiting trial there, could be hazardous to his health. Weinstein attended the hearing on Zoom from the Wende Correctional Facility near Buffalo, New York, where he is both serving time and being treated for “health issues” in the prison’s medical wing. Norman Effman, Weinstein’s attorney, argued “that Weinstein was moved to Wende because of the facility’s ability to treat his health issues. Jails aren’t designed for long-term incarceration, Effman said, and because it’s unlikely a trial would occur in the next four to six months Weinstein would be sitting in a jail instead of his current prison during that time. If LA wants jurisdiction, Effman argued, they can do a virtual arraignment,” per The Hollywood Reporter. Prosecutors at the hearing pointed out that Los Angeles is not a “remote outpost” and that Weinstein could receive acceptable medical care in California.

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