Prosecutor Joan Illuzzi said at a hearing Friday that Weinstein has repeatedly, purposely 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 anything deliberate, blaming “technical glitches” like dead batteries.
“It has nothing to do with any manipulation of the bracelet,” Rotunno told reporters after leaving court. She acknowledged that on at least one occasion, he’d forgotten part of the device when he left the house. “The minute he realized he forgot it, he made a phone call.”
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 current $1 million bail and maintains that any sexual activity was consensual.
In recent months, Weinstein has been spotted hobnobbing at New York City nightclubs and getting jeered at a recent actors showcase.
lluzzi argued that it wouldn’t be unreasonable to put Weinstein in jail pending trial. If the judge doesn’t think jail is warranted, the prosecutor suggested Weinstein’s bail be raised from $1 million to $5 million.
Judge James Burke put off a decision until Wednesday’s hearing.
Weinstein hobbled into last week’s hearing and looked more pained than usual. His lawyer told reporters that he’s dealing with back issues.