Lawyers for Harvey Weinstein Call for NY Judge's Recusal in Criminal Trial
Comments by the judge upbraiding Weinstein for cellphone use in the courtroom, which Aidala describes as "so inflammatory, biased and prejudicial that they have virtually gone viral," were the first of five arguments for Burke's recusal in the motion.
January 08, 2020 at 02:15 PM
3 minute read
The original version of this story was published on New York Law Journal
Harvey Weinstein and his legal team leaving Manhattan criminal court on Tuesday, Jan. 7. Photo: Jane Wester/NYLJ
Lawyers for former Hollywood producer Harvey Weinstein filed a motion Wednesday seeking recusal of Judge James Burke from Weinstein's trial, which began Monday in Manhattan Criminal Court.
Weinstein, who is charged with rape and predatory sexual assault in New York, has said he is not guilty of all charges. The recusal motion was filed after jury selection ended for the day Wednesday, and Burke is not expected to respond before court resumes Thursday.
The motion, which is signed by defense lawyer Arthur Aidala of Aidala Bertuna & Kamins, describes comments Burke made in court early Tuesday, when he focused on Weinstein for using a cellphone in the courtroom.
"Is this really the way you want to end up in jail for the rest of your life?" Burke asked Weinstein after advising him to exercise his right to silence.
Aidala described Burke's comments as "so inflammatory, biased and prejudicial that they have virtually gone viral" and said it could be interpreted in two ways.
"Either the Court was suggesting that an appropriate sanction for use of a cell phone was life in prison, or the Court was suggesting that Mr. Weinstein is guilty, would surely be convicted, and that the Court already knew that it intended to sentence him to life in prison," Aidala wrote.
Aidala described the intense media attention focused on the trial as another reason for recusal, noting that Weinstein and his lawyers attempted to change the venue of the trial because of the "overwhelmingly negative pre-trial publicity and interest his case had received." That request was denied by the New York Supreme Court, Appellate Division, First Department in the fall.
The other three points in the motion echo arguments made in court this week.
Weinstein's lawyers objected to Burke limiting the number of people allowed to sit near the defense table, along with his refusal to expand the time available for voir dire or delay the trial altogether after the Los Angeles District Attorney's Office announced new sex crimes charges for Weinstein on the first day of his New York trial.
A spokesman for the Manhattan District Attorney's Office declined to comment Wednesday afternoon.
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