Harvey Weinstein's Lawyers Want Him to Stay in Hospital Rather than Jail, as Rape Retrial Looms

The disgraced Hollywood mogul was taken from a New York City jail to a Manhattan hospital where he underwent emergency heart surgery

Harvey Weinstein’s representatives and legal team say they hope he remains hospitalized while he is in custody in New York as he awaits a tentative rape retrial date in November.

One of Weinstein’s representatives, Curtis Rothfeld, told NBC New York after Weinstein underwent emergency heart surgery on Monday, Sept. 9, that "they aim to keep him in the hospital indefinitely through the trial to deal with his ailments," the outlet wrote in its story.

In an email to PEOPLE, his publicist, Juda Engelmayer echoed that sentiment, writing, “At the moment there isn't a trial set, nor a specified charge. Aside from that, we hope to keep him at Bellevue while he remains incarcerated in NY.”

On Sunday, Sept. 8, Weinstein, 72, was moved from New York City’s Rikers Island where he has been jailed since his 2020 rape conviction was overturned in April, to Manhattan’s Bellevue Hospital after saying he wasn’t feeling well, the office of his attorney, Arthur Aidala, told PEOPLE.

"We can confirm that Mr. Weinstein had a procedure and surgery on his heart today however cannot comment any further than that," Weinstein’s representatives, Rothfeld and Engelmayer said in a statement sent to PEOPLE.

Related: Harvey Weinstein Rushed to Hospital for Emergency Heart Surgery

“As we have extensively stated before, Mr. Weinstein suffers a plethora of significant health issues that need ongoing treatment,” they said in the statement. “We are grateful to the executive team at the New York City Department of Correction and Rikers Island for acting swiftly in taking him to Bellevue Hospital.”

On Monday morning, he underwent pericardiocentesis surgery to "alleviate the massive amount of fluid on his lung and heart,” Rothfeld told NBC News.

Weinstein remained in the ICU following his surgery, NBC News reports.

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Based on his recent health issues and hospitalization, it is unclear whether Weinstein will be able to attend upcoming court dates, including one scheduled for Thursday, Sept. 12, in Manhattan Supreme Court.

On July 19, Manhattan Supreme Court Judge Curtis Farber set a tentative date for a retrial on Weinstein’s rape and sexual assault charges for Nov. 12.

Related: N.Y. Prosecutors Will Retry Harvey Weinstein in the Fall: 'We Believe in This Case'

Ten days earlier, at a July 9 hearing, prosecutors announced that Weinstein could possibly face new accusations during his upcoming retrial.

Assistant District Attorney Nicole Blumberg said during the hearing that the state was still investigating additional claims of sexual assault and wasn't ready to send an indictment to the grand jury at this time.

"We spoke to several individuals who claimed Weinstein raped them in Manhattan," Blumberg said during the hearing, adding that the claims would also fall within the statute of limitations.

“They have a defendant and are looking for crimes," Aidala said at the hearing in regard to the alleged investigation. "That's not how it’s supposed to be.”

Related: No New Indictment Announced Against Harvey Weinstein During Court Appearance, but Still a Possibility: Prosecutor

In February 2020, Weinstein was found guilty in New York City of first-degree criminal sexual act and third-degree rape during a the landmark #MeToo case, the New York Times reported at the time. He was sentenced to 23 years in prison.

On April 25, 2024, the New York Court of Appeals overturned that conviction in a stunning 4-to-3 decision. The high court found that trial judge James Burke erroneously allowed three women whose allegations were not a part of the criminal case against Weinstein to testify about Weinstein's “prior bad acts.”

But Weinstein currently remains incarcerated for his 2022 conviction of rape in California, where he was sentenced to 16 years in prison in 2023.

Aidala and the Manhattan District Attorney’s Office did not immediately respond to PEOPLE’s requests for comment.

If you or someone you know has been sexually assaulted, please contact the National Sexual Assault Hotline at 1-800-656-HOPE (4673) or go to rainn.org.

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