Harvey Weinstein's lawyer claims that the disgraced movie executive is going blind and has lost several of his teeth while in prison.
Weinstein appeared in a New York state court virtually in order to fight extradition which would see him brought to Los Angeles, where he faces charges of 11 counts of sexual assault.
His lawyers claim that they want a 'humanitarian' delay to the extradition whilst Weinstein undergoes a number of medical procedures including dental work and an eye surgery.
He maintains his innocence and contends that any sexual activity was consensual.
His lawyer, Norman Effman, told Erie County Court Judge Kenneth Case: "We're not trying to avoid what is going to happen in California. We believe there is not only a defense to these charges but a very good defense to these charges.
"We believe that it will result in an acquittal once this trial commences and concludes in California."
"But the reality is Mr Weinstein is serving a 23-year term at a maximum security facility in New York state.
"We know he's not going anywhere. He is almost technically blind at this point and in need of surgery."
However, Colleen Curtis Gable, the Erie County District Attorney, disputed Effman's claims that there is no rush to get Mr Weinstein to California.
She said: "As far as what's humanitarian to all people involved, including the victims in this case, the time is of the essence."
So far, no comment has been made on the indictment in California, and LA prosecutors have also declined comment, saying that they don't comment on grand jury matters.
However, Mr Effman confirmed that the indictment is similar - though not identical - to the initial complaint.
Weinstein is currently serving a 23-year sentence after being convicted of a criminal sex act and third degree rape last Spring.
He has since appealed his conviction, and his lawyers have argued that Manhattan Judge James Burke swayed the outcome of that trial by repeatedly making rulings that were favourable to the prosecutors.
They also argued that the sentence was 'unduly harsh and excessive'.
The jury found Weinstein guilty of raping a woman in New York City in 2013, and sexually assaulting another woman in 2006.
The extradition hearing has been delayed since August as a result of the coronavirus pandemic.
Weinstein caught the virus himself in March 2020, and then said he'd experienced symptoms again in mid-November, but didn't test positive for the disease at that time.
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