Harvey Weinstein will be allowed to stay in hospital and not jail as he faces sex-crimes retrial

Harvey Weinstein was granted a minor legal victory in his Manhattan retrial when a judge agreed to let the disgraced film mogul spend the remainder of his trial in a hospital rather than Rikers Island.

Lawyers for Weinstein had asked Judge Curtis Farber to allow their client to remain in the hospital due to his extensive health issues. Farber agreed, saying “to not do so could lead to exacerbation of and further serious medical conditions, and possibly death.”

Court documents indicate Weinstein, 73, has been diagnosed with chronic myeloid leukemia, diabetes mellitus, extensive coronary artery disease, angina, diffuse moderate coronary artery disease, obstructive sleep apnea, thyroid issues and obesity, in addition to several other health issues.

Weinstein will be transferred to Bellevue Hospital in Kips Bay, where he will remain for the duration of his retrial on rape accusations.

Already, he had been transferred from Rikers to Bellevue Hospital four times within the last six months due to medical issues. His lawyers have consistently advocated for him to be removed from Rikers Island, citing the prison’s improper conditions and treatment.

In their latest appeal, lawyers for Weinstein said he was subjected to freezing temperatures at Rikers, was not given clean clothing and had gained nearly 20 pounds.

“Because of this mistreatment, he has been worn down considerably health-wise, and now faces the stress of trial in this condition, which may very well lead to serious health complications, even death,” Imran Ansari said.

Weinstein was ordered to remain at Rikers while awaiting retrial in his New York sex-crimes case last year even after a New York appeals court vacated his rape conviction – the accusations of which incited the #MeToo movement across the country.

The court found that the trial judge erred in allowing prosecutors to call witnesses whose allegations were not related to the charges at hand.

State prosecutors brought new sex crimes charges against Weinstein in September, this time charging him with first-degree criminal sexual act and third-degree rape based on accusations from a former TV production assistant, Miriam Haley, and aspiring actress, Jessica Mann.

Weinstein has pleaded not guilty to the charges.