The Trentonian (Trenton, NJ)

Harvey Weinstein’s sex assault trial delayed until September

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NEW YORK >> Harvey Weinstein’s sexual assault trial has been postponed until September, a judge said Friday after a closed-door hearing that focused on the prosecutio­n’s bid to have jurors hear from many women who say the movie mogul violated them.

Weinstein’s trial had been scheduled to begin June 3, but both the prosecutio­n and the defense indicated they would need more time to sort through potential witnesses and evidence issues. It is now set for Sept. 9.

The prosecutio­n and defense asked that the hearing that preceded the delay announceme­nt be held behind closed doors because it focuses on sensitive matters, such as the names of accusers.

Judge James Burke in Manhattan said closing the courtroom to the news media and public was “the only means available to avoid the tainting of the jury pool.” He also rejected the news organizati­ons’ request to unseal documents related to the hearing.

The hearing, Burke said, dealt with material that “is prejudicia­l to the defendant and is highly inflammato­ry.” He said news coverage would serve no other purpose than to stir negative public sentiment toward Weinstein.

Burke also denied the media organizati­ons’ request to delay the hearing so they would have time to appeal. An appellate judge denied a request by the media outlets to immediatel­y halt the proceeding.

Burke issued his ruling after prosecutor­s said it was necessary to close the courtroom, both to protect Weinstein’s right to a fair trial and to shield the identities of accusers whose names and allegation­s were expected to come up during the hearing.

“We believe it is prudent” to close the court, Manhattan Assistant District Attorney Joan IlluzziOrb­on said.

Weinstein lawyer Marianne Bertuna argued that news coverage could influence potential jurors and that “the court cannot be complicit with the press in denying the defendant’s right to a fair trial.”

Lawyers for the news organizati­ons, including The Associated Press, said the prosecutio­n and defense arguments didn’t meet the high legal standard for banning the media and the public.

Weinstein’s case is “a matter of immense and legitimate public interest,” and the allegation­s against him are already widely known, said Robert Balin, a lawyer for the news organizati­ons.

The sides asking for the courtroom to be closed were suggesting that “somehow it is improper for the press and the public to be sitting here and report news in real time,” even though that right is guaranteed by the Constituti­on, Balin argued.

Balin argued that the allegation­s against Weinstein from more than 80 women have already been widely reported and that many of them, such as actresses Mira Sorvino and Ashley Judd, have agreed to be identified publicly. But not all have, IlluzziOrb­on said.

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