Lawyers for Harvey Weinstein on Friday asked a higher court to release him on $2 million bail pending the outcome of an appeal of his Manhattan rape conviction — citing his history of philanthropy and his deteriorating health, according to court papers exclusively obtained by The Post.
While Weinstein’s appeal has yet to be filed with the Appellate Division First Department, the bail application provided a 60-page outline of his expected arguments — most of which was raised directly with the trial judge.
Attorney Barry Kamins pointed to Weinstein’s film career to bolster the case for bail, arguing that the fallen Hollywood mogul had “shined a spotlight on a myriad of human struggles” including raising awareness of racial injustice in “The Butler,” Nelson Mandela’s “Long Walk to Freedom” and “Fruitvale Station.”
Kamins added that Weinstein was involved in producing documentaries that focused on serious social issues including “sexual assault on campus [in] ‘The Hunting Ground.’ ”
“His films engendered empathy for those who are afflicted by disabilities that society has stigmatized and for those who are victimized by injustice,” Kamins wrote. The attorney went on to describe Weinstein as a “force in philanthropy” and listed charities for which he had raised millions of dollars.
The disgraced movie mogul has “serious medical conditions” for which he must take 20 different medications, according to the bail application.
He’s now confined to a wheelchair and is losing vision in both eyes as a result of his diabetes, the papers say. He also has an enlarged aorta and prostate.
Although Weinstein tested positive for COVID-19 in March and was quarantined for 23 days, his lawyers raised concerns that he could contract the virus again in prison.
Weinstein faces rape and sexual battery charges in California, where the Los Angeles County Superior Court has authorized his release on $5 million bail.
Kamins suggests that the first judicial department require that Weinstein post the $5 million bond in LA first, then set bail in New York at $2 million in light of “Mr. Weinstein’s diminished means and failing health.”
The filing states that 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.”
Weinstein’s attorneys argued that the Manhattan conviction should be overturned after Justice James Burke seated a juror who had repeatedly lied to the court.
In addition, the papers say that the judge improperly admitted a “plethora of evidence of other alleged crimes and bad acts” for which Weinstein wasn’t charged.
On March 11, Weinstein was sentenced to 23 years in prison after a jury convicted him of forcibly performing oral sex on former “Project Runway” production assistant Miriam “Mimi” Haleyi in 2006 and raping hairstylist Jessica Mann in 2013.
He is serving his time at Wende Correctional Facility in upstate New York — but has an extradition hearing scheduled for Dec. 11 for his LA sex crimes case.