Harvey Weinstein's Legal Team Pushes For Hospitalization Over Jail Time As Retrial Approaches

Harvey Weinstein's legal team is pushing for him to remain in the hospital rather than return to jail as his health worsens, just months before his retrial begins.

By Sakina Kaukawala

Published on Sep 11, 2024 | 11:14 AM IST | 16.9K

Harvey Weinstein (via Getty Images)

Trigger Warning: This article contains references to rape and sexual assault.

Harvey Weinstein is back in the hospital after emergency heart surgery. Weinstein, who has had numerous health issues in recent years, was transferred from Rikers Island in New York City to Bellevue Hospital on Sunday, September 8, after reporting that he was not feeling well.

According to his legal team, Weinstein had pericardiocentesis surgery the next morning to relieve the fluid buildup around his heart and lungs, as per NBC New York.

Weinstein's representatives are now hoping that he can stay in the hospital for an extended period of time. One of his representatives, Curtis Rothfeld, told NBC New York that the goal is to "keep him in the hospital indefinitely through the trial to deal with his ailments."

Weinstein's upcoming retrial, scheduled for November, adds urgency to his current situation. While his heart surgery has stabilized his condition, his team believes he should remain in medical care.

Arthur Aidala, Weinstein's lawyer, confirmed that his client was transferred from Rikers Island to Bellevue Hospital due to his deteriorating health. Weinstein's legal team has expressed concern about his physical fitness to attend upcoming court dates, including one on Thursday, September 12.

Weinstein's health issues have been well documented, and his representatives claim he requires ongoing treatment. In a statement to PEOPLE, Rothfeld and Engelmayer said that Weinstein has many serious health issues that require ongoing treatment. They thanked the New York City Department of Correction and Rikers Island for quickly transferring him to Bellevue Hospital.

Weinstein's retrial for rape and sexual assault is tentatively scheduled for November 12, 2024. This follows the New York Court of Appeals' decision in April 2024 to overturn Weinstein's 2020 rape conviction.

The high court ruled, 4-3, that the trial judge erred in allowing testimony from three women whose accusations were not part of Weinstein's official charges.

The upcoming retrial is expected to be critical for Weinstein, whose 2020 conviction was previously seen as a landmark in the #MeToo movement. However, it remains unclear whether Weinstein's health will allow him to participate in the trial.

Judge Curtis Farber of the Manhattan Supreme Court set the tentative retrial date during a hearing on July 19. In a separate hearing on July 9, Assistant District Attorney Nicole Blumberg hinted that new allegations might come forward during the retrial, as more sexual assault claims were still being investigated.

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