Weinstein's lawyers ask that he be kept in hospital, not jail, during his rape retrial

Harvey Weinstein's lawyers asked a judge on Wednesday to allow the ailing former studio executive to spend nights in a New York hospital instead of jail during his rape retrial.

Weinstein's lawyers filed the request as jury selection continued for a second day. The disgraced movie mogul, 73, arrived in court in a wheelchair, as he has for all his previous court appearances.

In court papers, his lawyers argued that Weinstein’s confinement at New York’s Rikers Island jail complex was exacerbating his physical ailments and that he would be better off in the prison wing of Bellevue Hospital. He has traveled to and from Bellevue several times in recent months for various types of treatment.

Weinstein has multiple medical conditions, including chronic myeloid leukemia, heart problems, diabetes, obstructive sleep apnea, sciatica and significant limitations in his mobility.

He was recently misdiagnosed at Rikers with a tongue infection that required his hospitalization, and has gained nearly 20 pounds (nine kilograms) in the past month, according to his attorney, Imran Ansari.

In his statement, Mr. Ansari noted that Weinstein was also exposed to freezing temperatures at Rikers and was not given clean clothes.

“As a result of this abuse, his health has deteriorated significantly and he now faces the stress of facing a 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 received inadequate medical care in unsanitary conditions at Rikers.

The lawsuit, seeking $5 million (£3.77 million) in damages, alleges Weinstein was returned to Rikers each time before he made a full recovery in hospital.

The troubled prison complex has come under increasing scrutiny for inmate abuse and dangerous conditions. Last year, a federal judge opened the door to possible federal intervention by ruling that 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 none of the 12 jurors and

Sourse: breakingnews.ie

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