Harvey Weinstein's Attorney Worried About Ability of Grand Jurors to Keep Open Mind
Brafman said he raised the concerns during a two-hour meeting with Judge James Burke and Manhattan prosecutors that's now under seal.
May 29, 2018 at 01:22 PM
3 minute read
The original version of this story was published on New York Law Journal
Ben Brafman speaks to reporters outside Manhattan criminal court. Photo: David Handschuh/ALM.
Harvey Weinstein's attorney Benjamin Brafman spent two hours huddled with prosecutors from the Manhattan District Attorney's office and the judge overseeing a grand jury weighing a possible indictment against his client.
But when he emerged from criminal court Judge James Burke's chambers to speak with reporters, Brafman said there was little he was able to tell, thanks to the proceedings being placed under seal.
Brafman did say, in the first court action since his client was arrested and charged with multiple sexual assault charges this past Friday, that he had asked the court to be heard this morning on “some issues of concern that have arisen” since Weinstein's arraignment, which were “largely legal issues” Brafman says he wanted to raise.
While he said he would steer clear of any of the issues now under seal, Brafman said he did raise concerns over publicity the case had generated over the long weekend, and “the ability for people to keep an open mind,” a comment likely directed toward grand jurors.
Brafman also said he was concerned about outside pressure being brought on Manhattan District Attorney Cyrus Vance, Jr.'s office to indict his client, calling it inappropriate and unprecedented.
“It troubles me, and I wanted to make those matters known to the court,” he said.
Over the weekend, news reports indicated prosecutors were looking to bring more than just the two separate women at the heart of the current rape and other sexual assault charges against Weinstein. The strategy was described as similar to that employed against Bill Cosby, where multiple women who accused the comedian were allowed to take the stand.
On Tuesday, Brafman went on to characterize the charges faced by his client as absurd. He said that the only rape charges currently levied against the former Hollywood producer were by someone with whom he had a decadelong consensual sexual relationship. While Brafman said he was unable to provide the identity of the woman, he did say that the consensual relationship occurred before and after the alleged rape.
Brafman said that none of these issues has raised a concern over whether his client could get a fair trial. The trial process, he said, allowed for lots of opportunities to vet jurors and provide for other remedies to help keep the kinds of concerns he's now raising from infecting the process.
“I'm concerned about what's going on now,” he said. He added that, should the case go to trial, he predicted his client would win.
A spokeswoman from the Manhattan DA's office declined to respond to Brafman's statement, or on the hearing itself.
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