HARVEY Weinstein’s lawyers have asked that he be released from jail on $2 million bail as his Manhattan rape conviction goes through the appeal process, due to his failing health and past philanthropic deeds.
Weinstein has “serious medical conditions” that require him to take 20 medications, states the bail application obtained by The New York Post on Monday.
The wheelchair-bound ex-movie mogul suffers from an enlarged prostate and aorta and his diabetes is causing him to lose vision in both eyes, according to court papers seen by the newspaper.
Weinstein’s lawyers requested his release on Friday, before a higher court.
The bail application “demonstrates that Mr. Weinstein has meritorious issues that he will raise on appeal that are likely to result in a reversal of his conviction,” states the court filing.
Weinstein’s appeal has still not been filed with the Appellate Division First Department.
However, the bail application detailed his arguments over 60 pages.
Justice James Burke admitted a “plethora of evidence of other alleged crimes and bad acts” that Weinstein was not charged for, the papers state.
Another argument that Weinstein’s lawyers are making for his Manhattan conviction to be overturned is that Burke seated a juror who lied on multiple occasions.
Weinstein’s lawyer Barry Kamins made a case for bail by writing that his client’s films “engendered empathy for those who are afflicted by disabilities that society has stigmatized and for those who are victimized by injustice.”
That included that Weinstein “shined a spotlight on a myriad of human struggles” like racial injustice in “The Butler,” “Fruitvale Station,” and “Long Walk to Freedom.”
Weinstein also raised awareness of “sexual assault on campus” in “The Hunting Ground,” Kamins said.
In addition, Weinstein raised millions of dollars for charities and was a “force in philanthropy,” the lawyer argued.
The first judicial department should require Weinstein to post a $5 million bond in Los Angeles, where he faces rape and sexual battery charges, Kamins said.
Then, the judicial department should set Weinstein’s $2 million bail in New York due to his “diminished means and failing health,” the attorney said.
Weinstein was sentenced to 23 years in prison in March, after a jury convicted him of raping a hairstylist in 2013 and performing oral sex by force on a production assistant with “Project Runway” in 2006.
He is incarcerated in upstate New York at the Wende Correctional Facility.
His extradition hearing for his case in Los Angeles County is set for December 11.
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Weinstein in early October was charged with three rapes that allegedly happened in Beverly Hills, California.
If Weinstein is convicted in Los Angeles, he could face up to 140 years to life in state prison.
Weinstein’s lawyers previously said that his prison stay could lead him to again catch the coronavirus, which he tested positive for in March.