Judge in Harvey Weinstein trial denies defence request for delay as jury selection begins
Former film producer now faces additional sexual assault counts in Los Angeles
The judge at Harvey Weinstein's sexual assault trial ordered jury selection to begin as scheduled Tuesday, rejecting a defence request for a "cooling-off period" after prosecutors in Los Angeles brought new charges against him.
Judge James Burke denied a request for the delay after Weinstein's lawyers questioned the timing of the new charges, which were filed Monday. If anyone believes it was coincidence, his lawyer Donna Rotunno said, "I'd like to sell them the Brooklyn Bridge."
"For a prosecutor, this is Christmas morning — the morning of jury selection to have him smeared everywhere," said another of his lawyers, Arthur Aidala, who asked for the delay in jury selection.
The New York City judge also denied a request from prosecutors to revoke Weinstein's bail and jail him until the trial is over, saying the new case against him in Los Angeles increased his incentive to flee.
"There is a grave risk that this defendant will realize at some point that the evidence is overwhelming," said assistant district attorney Joan Illuzzi.
Judge threatens jail over cellphone use
But while turning prosecutors down, Burke also threatened to revoke Weinsten's bail and jail him for using his cellphone in the courtroom in violation of court rules.
"Mr. Weinstein, is this really the way you want to end up in jail, by texting and violating a court order?" Burke said, cutting off Weinstein before he could answer.
Weinstein, who recently underwent back surgery and hobbled to court using a walker, is charged in New York City 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. The 67-year-old former movie titan has said any sexual activity was consensual.
Scores of potential jurors were summoned for a trial that the jury questionnaire says "may take approximately six weeks." Individuals are expected to be confirmed for the jury starting Thursday, Jan. 16. Opening arguments and the start of testimony are expected to begin the following Tuesday, Jan. 21, if the process of selecting a jury has been completed.
Given the heavy publicity surrounding the case and the way Weinstein has been cast as a major villain by the #MeToo movement, potential jurors are being asked if anything they might have read or heard about the case will affect their ability to be fair and impartial.
Won't be disqualified for hearing about allegations
Jury selection began with the judge speaking to 120 potential jurors in the courtroom about the importance of jury service and telling them the identity of the defendant.
"Having heard of him, or even having heard the allegations made against him in the press, does not disqualify you," Burke told them.
Lucian Chalfen, a spokesman for the Office of Court Administration, said the 2,000 jurors summoned for the Weinstein case is roughly five times the number for a typical trial. Based on past experience, about 500 were likely to show up for jury duty.
Once one of Hollywood's most powerful producers, Weinstein has now been accused of sexual assault, harassment and misconduct by dozens of women, from famous actresses to assistants at his former company. The allegations began surfacing publicly in October 2017 and sparked the #MeToo movement, as well as investigations in multiple places.
WATCH: The lawyer for one of Weinstein's accusers talks to CBC News about why she took this case
Los Angeles prosecutors charged Weinstein Monday with sexually assaulting two women there on successive nights during Oscar week in 2013.
Lawyers for Weinstein had no immediate comment on the new charges, though he has repeatedly denied any wrongdoing.
Los Angeles district attorney Jackie Lacey said the timing of the charges was unrelated to the New York trial. She said the case took more than two years to build because the women were reluctant to provide all the information necessary, and the filing happened on the first business day when all the necessary people could gather.
There is some connection between the cases, though: One of the Los Angeles accusers is expected to testify in the New York case to help prosecutors establish what they say was Weinstein's pattern of forcing himself on young actresses and women trying to break into Hollywood.
Weinstein is expected to appear in court in California after his New York trial, Lacey said.
WATCH: Weinstein leaves court after Day 2 of his trial
With files from CBC's Steven D'Souza and Reuters