NEW YORK — Even as the Harvey Weinstein sex-crimes trial enters its laborious third day of jury selection Thursday, the courtroom is rife with drama.
As proceedings began Thursday, Judge James Burke denied a motion filed Wednesday afternoon by the defense asking that he recuse himself from the case.
The seven-page motion laid out various instances of what the defense team perceives as unfair treatment, including Burke's "inflammatory" scolding of Weinstein for using his cell phone in court Tuesday, and the judge's choice not to adjourn the trial following a wave of negative press Monday, when new sex-crime charges were filed against Weinstein in Los Angeles County.
“I certainly never meant that I was going to put your client in jail for life, nor did I mean that I had pre-judged whether he is guilty or not guilty or innocent of the charges," Burke said Thursday, discussing his scolding.
"All I meant to do was scare him enough for him to discontinue using his phone. The court does not know the verdict and has not made a call on what it might or might not be.”
Burke commented further in a motion obtained by USA TODAY Thursday, writing, "A judge admonishing a defendant for repeatedly not following the rules of the courtroom does not show bias, but rather simply a judge maintaining order and decorum in his courtroom."
Burke also praised the media and suggested they haven’t appeared biased against Weinstein.
“There has not been a carnival atmosphere," he said. "Everybody has been very well behaved. As for inside the courtroom, it has been a very modest and moderate atmosphere.
"The press are to be applauded on how well they have maintained themselves," he said. "They have done absolutely nothing thus far to cause any stir.”
The motion came after another complaint lodged by Weinstein's legal team Wednesday, which unsuccessfully tried to bar attorney Gloria Allred from the courtroom because she may be called as a witness.
Allred represents multiple Weinstein accusers, including Mimi Helayi, whose allegations form the basis of some of the charges against him and is expected to testify.
"Ms. Allred should not be allowed to sit in court, watch that testimony and share that testimony with her clients,” argued one of Weinstein's lawyers, Damon Cheronis. "I’m not trying to attack Ms. Allred, I’m trying to protect Mr. Weinstein’s right to a fair trial."
So far, 93 of 240 potential jurors have been dismissed by the judge, most of whom said they could not be fair and impartial jurors in the Weinstein trial. The court will continue to screen 120 potential jurors daily through next week, with opening statements targeted for Jan. 22.
Weinstein, who was charged in May 2018, has pleaded not guilty to all charges and has been free on $1 million bail (recently raised to $5 million). He has denied all allegations of non-consensual sex. If convicted, he could receive a life sentence.
The charges in the Los Angeles announced earlier this week include four sex crimes. Weinstein is accused of raping one woman and sexually assaulting another in separate incidents over two days in February 2013. A trial in that case is not expected to occur until after the New York case is resolved.
More: Harvey Weinstein charged with rape, sexual battery in Los Angeles over 2013 allegations
More: Harvey Weinstein's lawyers ask judge to recuse himself, 50 more potential jurors dismissed
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