Lawyers for Harvey Weinstein asked a judge on Wednesday to allow the former studio boss, who suffers from health problems, to spend nights in a New York hospital instead of jail during his rape retrial.
The request was filed by Weinstein's lawyers as jury selection resumed for a second day. The 73-year-old controversial movie mogul arrived in court in a wheelchair, as he has for all of his recent court appearances.
In court filings, his defense attorneys argued that Weinstein’s stay at New York’s Rikers Island jail complex was deteriorating his health and that he would be better off in the inmate unit at Bellevue Hospital. He has visited Bellevue several times in recent months for various types of medical care.
Weinstein has been diagnosed with several medical conditions, including chronic myeloid leukemia, heart disease, diabetes, obstructive sleep apnea, sciatica and severe limitations in movement.
He was recently misdiagnosed with a tongue infection at Rikers, which led to his hospitalization, and has gained nearly 20 pounds (9 kilograms) in the past month, according to his attorney, Imran Ansari.
In his statement, Mr. Ansari said Weinstein was also exposed to freezing temperatures at Rikers and was not provided with clean clothes.
“As a result of this abuse, his health has deteriorated significantly and he is now forced to face the stress of trial in a state that could lead to serious health complications, including death,” Mr Ansari said.
Last November, Weinstein's lawyers filed a lawsuit against the city of New York, alleging that he was given inadequate medical care in unsanitary conditions at Rikers.
The lawsuit, which seeks $5 million (£3.77 million) in damages, alleges Weinstein was returned to Rikers before he had fully recovered in hospital.
The troubled prison complex has come under scrutiny for inmate abuse and unsafe conditions. Last year, a federal judge opened the way for possible federal intervention, saying the city had exposed inmates to “unconstitutional danger.”
Judge Curtis Farber has not yet ruled on the transfer request, and the issue was not discussed in court until jury selection resumed Wednesday morning.
The first day ended on Tuesday and the jury was out
Sourse: breakingnews.ie
