NY jury selection begins in Weinstein’s rape trial
NEW YORK — The judge at Harvey Weinstein’s sexual assault trial pressed ahead with the start of jury selection Tuesday, rejecting a defense request for a “cooling-off period” following the burst of publicity over the filing of new charges against the Hollywood mogul in Los Angeles.
Weinstein’s lawyers suggested that the timing of the new sex-crime charges, announced Monday, was deliberate on the part of prosecutors, and they asked for a delay to let the publicity subside.
“For a prosecutor, this is Christmas morning — the morning of jury selection to have him smeared everywhere,“defense attorney Arthur Aidala said.
Judge James Burke refused a postponement, saying he is confident the jury will understand Weinstein is presumed innocent, and the first 120 potential jurors were brought in, step one in a process expected to take weeks, given heavy news coverage of the case and the way the once-powerful studio boss has been cast as the arch-villain of the #MeToo movement.
The judge said it would be a high-profile case and asked if there was anyone who could not be impartial. About 40 hands went up. Those people were dismissed.
By the time court ended for the day, dozens more had been rejected, and the pool was down to 36. Another group of prospective jurors is expected to report Wednesday.
The day began with Weinstein, 67, shuffling into court with a walker following recent back surgery, and the session soon erupted in legal fireworks, with the judge denying a request from prosecutors to revoke the defendant’s bail and jail him until the trial is over.
Prosecutor Joan Illuzzi argued that the new case in Los Angeles increased Weinstein’s incentive to flee.
“There is a grave risk that this defendant will realize at some point that the evidence is overwhelming,“she said.
While turning prosecutors down, Burke ripped into Weinstein and threatened to jail him for texting on his cellphone in the courtroom.
“Mr. Weinstein, is this really the way you want to end up in jail by texting and violating a court order?” he said, cutting off the defendant before he could answer.
Weinstein was introduced to the group and stood up with the use of his walker.
Weinstein is charged in New York with raping a woman in a Manhattan hotel room in 2013 and forcibly performing a sex act on another woman in the city in 2006. He has said any sexual activity was consensual. The most serious charges against him carry a mandatory sentence of life in prison.
On Monday, prosecutors in Los Angeles charged him with sexually assaulting two women on successive nights at hotels in L.A. and Beverly Hills during Oscar week in 2013. Those charges could bring up to 28 years behind bars.
The judge estimated jury selection will take at least two weeks.
Harvey Weinstein, 67, makes his way out of the courthouse Tuesday in New York. Judge James Burke threatened to jail Weinstein for texting on his cellphone in the courtroom.