Harvey Weinstein’s Health Is the Elephant in the Room at His New Trial

As jury selection begins in the Harvey Weinstein retrial, his attorneys have filed an emergency petition to move the former Hollywood mogul to Bellevue Hospital due to what they say is his worsening health. 

In motions filed Tuesday, Weinstein’s team cited a number of health conditions he is suffering from, including chronic myeloid leukemia, diabetes mellitus, “extensive” coronary artery disease and most recently, a misdiagnosed tongue infection. His team claims his condition could be exacerbated by the stress of the trial, as well as by his current conditions at Rikers Island Correctional Facility.  

“Preventing him from receiving medical care and oversight at Bellevue Hospital during the stress and rigors of his criminal trial could lead to exacerbation of existing medical conditions, the onset of new medical conditions, and even lead to death,” the filing reads. 

Opening arguments are tentatively slated to begin next week in Weinstein’s trial, in which the former film producer is being retried on criminal sexual charges and a rape charge related to respective claims from former television production assistant Miriam Haley and from aspiring actress Jessica Mann, after his 2020 conviction was overturned in April 2024. Weinstein is being newly charged with a criminal sexual charge related to claims from a third woman, who has yet to come forward publicly, but is also expected to testify as part of the trial. 

Weinstein has pleaded not guilty to all charges.  

Going into the trial, Weinstein’s health has been the elephant in the room, as journalists and onlookers have wondered how dire the former mogul’s condition is and much of it is his team’s legal maneuvering. 

His legal team has helped push the narrative, as they have repeatedly brought up his medical issues throughout the past several months, as part of an effort to get Weinstein transferred to the prison wing at Bellevue Hospital, rather than Rikers. Weinstein has also been hospitalized several times, including in December and in September, when he underwent emergency heart surgery. He has appeared at his court hearings in a wheelchair. 

Weinstein has also filed suit against the City of New York, Rikers Island and Bellevue Hospital seeking $5 million in damages due to what he says has been negligent treatment, as well as being sent back to Rikers prematurely after hospital stays. 

In January, Weinstein himself spoke to Judge Curtis J. Farber in open court and urged him to move the trial date earlier, saying “I won’t be here for April.” Weinstein also cited the poor conditions at Rikers at the time, and said “I’m in a serious emergency situation, I’m begging for you to move your date. I need to get out of this hellhole as quickly as possible.”

The trial date was not moved up, as the judge had a preceding trial, and Weinstein has appeared at several court hearings since then, including last Wednesday. Weinstein did ask to waive his appearance in court last Thursday due to his health. 

Despite the publicity and push from his team, Weinstein’s health will not be allowed to be discussed during the trial, per a pre-trial ruling from Farber, unless Weinstein decides to testify on the stand. 

According to his filings, Weinstein was most recently sent to Bellevue Hospital due to “medical complications” which included a tongue infection that had been misdiagnosed at Rikers Island. He also faces a litany of other health matters, which have also included rapid weight gain due to fluid retention, severe mobility and thyroid issues, with a letter from a physician at NYU Langone, saying “he has been admitted 4 times from Rikers to Bellevue Hospital in the last six months with severe fluid overload and congestive heart failure,” which is related to his treatment for leukemia.

His attorneys have cited the poor conditions at Rikers as exacerbating the problem, with Imran H. Ansari writing in an April 11 email to New York City officials that Weinstein’s “current state of health is critical,” due to the tongue infection, and “significant water retention,” leading to rapid weight gain, and recent vomiting.

“It is outrageous and inexcusable that Harvey Weinstein—who is battling cancer, diabetes, and a host of other serious medical conditions—is being subjected to such neglect and mistreatment under the care of New York City. His medications are routinely delayed or administered improperly, he has gained an alarming amount of fluid weight due to mismanagement of his health, and he’s left freezing in his cell without even clean clothes. This is not incarceration—it’s deliberate indifference,” Juda Englemayer, a spokesperson for Weinstein, said in a statement to The Hollywood Reporter.