Harvey Weinstein’s bail has been increased from a million dollars (£750,000) to five million (£3.8 million) over allegations that he violated bail conditions by mishandling his electronic ankle monitor.
But Judge James Burke rejected prosecution calls to put the disgraced movie mogul in jail over the alleged violation.
Weinstein, 67, arrived at court using a walker, and his lawyer said he will be undergoing back surgery on Thursday.
Judge Burke warned that he would revoke bail and issue a warrant for Weinstein’s arrest if other issues crop up, adding: “If you have any further medical issues, the court will not be terribly understanding.”
Weinstein responded, apparently talking about his surgery: “This is the only time I’ve asked for it. This ensures I am here January 6. This is a good thing for you.”
His defence team chose an option that lets him meet his bail obligation by putting up 2 million dollars through a bail bondsman.
He is scheduled to stand trial in New York City beginning on January 6 on rape and sexual assault charges.
Prosecutor Joan Illuzzi said at a hearing on Friday that Weinstein has repeatedly and deliberately left at home a piece of the monitoring technology that keeps the ankle bracelet activated.
That has left his whereabouts unrecorded for hours at a time, she said.
Weinstein lawyer Donna Rotunno denied it was deliberate, blaming “technical glitches” like dead batteries.
“It has nothing to do with any manipulation of the bracelet,” she Rotunno told reporters after leaving court.
She acknowledged that on at least one occasion, he had forgotten part of the device when he left the house, but added: “The minute he realised he forgot it, he made a phone call.”
But on Wednesday, Ms Illuzzi told the court that the person monitoring Weinstein does not believe the problems due to were technical glitches. While the monitoring now appears to be working, she said she thought that was because of the threat of new bail.
“I don’t think it was the adding of the extra batteries,” Ms Illuzzi said. “It was Mr Weinstein’s panic that the court might change the bail.”
Weinstein has pleaded not guilty to charges he raped a woman in a Manhattan hotel room in 2013 and performed a forcible sex act on a different woman in 2006.
He has been free on the million-dollar bail and maintains that any sexual activity was consensual.
In recent months, he has been spotted hobnobbing at New York City nightclubs and getting jeered at a recent actors’ showcase.