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Harvey Weinstein has pleaded with a judge to fast-track his rape retrial, claiming he's "dying" from cancer as well as suffering from a plethora of health issues.
This comes after the businessman was rushed to hospital late last year. The 72-year-old fallen film titan is gearing up for another legal showdown over allegations he forced himself on an assistant in 2006 and raped a budding actress in 2013.
Arriving into the Lower Manhattan courthouse in a wheelchair this Wednesday, Weinstein looked every bit the part of a broken man. Presiding Judge Curtis Farber has pencilled in April 15 for the curtain-raiser of the high-profile MeToo sequel.
Weinstein's lawyer, Arthur Aidala, has been asking for weeks to get proceedings moved sooner due to his client's declining health report. Just last week, Aidala said in the courtroom: "They know that Mr. Weinstein is dying of cancer and is an innocent man right now in the state of New York. Can I try this dying man's case first?"
Desperate to escape the clutches of his "hellhole" cell at Rikers Island, Weinstein implored: "I'm in a serious emergency situation, I'm begging for you to move your date [forwards]. I need to get out of this hellhole as quickly as possible."
He tried to secure a new date starting onApril 7, but Judge Farber rejected the proposal due to a busy court schedule.
However, Farber did say he'd see how it goes and would depend on how his other cases pan out if he can move it at all or not. The judge also announced that a fresh accusation from a woman not featured in the original case will be added into the upcoming trial, reports the Mirror.
Weinstein, who has been diagnosed with chronic myeloid leukemia and recently underwent emergency heart surgery, is facing a retrial. The charges against him include forcibly performing oral sex on a movie and TV production assistant in 2006 and raping an aspiring actor in 2013.
An additional charge was filed last September, alleging that he forced oral sex on another woman at a Manhattan hotel in 2006. According to court documents, the Manhattan district attorney's office stated that the woman came forward just days before the start of Weinstein's first trial but was not included in that case.
After the state's Court of Appeals overturned his conviction last April, prosecutors revisited the allegations and secured a new indictment. Judge Faber decided in October to combine the new indictment and existing charges into one trial.
However, Weinstein's lawyers argue that the prosecution prejudiced him by waiting nearly five years to bring the additional charge. They suggested that the prosecution deliberately left out the allegation from his first trial so they could use it later if his conviction were reversed.
Prosecutors dismissed this suggestion as "absurd". In their court filing, they said Weinstein "would likely have characterised that timing as a vindictive and gratuitous pile-on".
The office of Manhattan District Attorney Alvin Bragg stated that the previously uncharged allegation "required a sensitive investigation" and serious consideration before seeking an indictment.
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