Judge Signs Off on Brafman's Motion to Bow Out as Harvey Weinstein's Defense Counsel
Acting Manhattan Justice James Burke approved Brafman's motion to withdraw, capping off almost one year of representing a high-profile client who became a figurehead of the #MeToo movement.
January 25, 2019 at 12:24 PM
5 minute read
In Benjamin Brafman's final minutes representing Harvey Weinstein in his sexual assault case, the veteran defense attorney offered cover for his client over allegations that Weinstein planted cocaine in actress Rose McGowan's wallet.
Weinstein appeared Friday before a Manhattan judge with Brafman, who filed to withdraw as Weinstein's counsel, to his left and two of his new attorneys, Jose Baez and Ronald Sullivan Jr. of the Florida-based Baez Law Firm, to his right.
“Welcome to New York State Supreme Court,” said Acting Manhattan Justice James Burke. Also with Baez and Sullivan behind the defense table was Duncan Levin, managing partner at Tucker Levin.
Baez and Sullivan also represented McGowan, who is among the scores of women who have accused Weinstein of sexual misconduct. In a series of questions to Weinstein, Burke asked the former film producer if it was “fair to say” that McGowan has been his “most vocal accuser.” Weinstein answered yes.
Burke also asked Weinstein about “potential conflict of interest” arising from his new attorneys' previous representation of McGowan in a Virginia cocaine possession case.
Burke asked further if Weinstein understands that McGowan “could have used your emails in her defense.” Those emails, Burke indicated, contained statements where the disgraced movie mogul discussed assertions that cocaine had been planted in the actress' wallet.
“He was commenting on the absurdity of the allegation, not the truthfulness of the allegation,” Brafman said in Weinstein's defense.
There was no indication of the origin of the emails from the Virginia case.
Burke said that McGowan pleaded no contest to the cocaine possession charge. The judge also said that if Baez does possess “damaging” information about McGowan, he would not be able to use it against her if the prosecution calls her as a witness; though Burke also noted that Manhattan Assistant District Attorney Joan Illuzzi, who is leading the prosecution, has not indicated if McGowan would be called to the stand.
Baez said to Burke that his representation of McGowan would not conflict with his work on the Weinstein case.
Burke approved Brafman's motion to withdraw, capping off almost one year of representing a high-profile client who became a figurehead of the #MeToo movement, who is facing five criminal counts in Manhattan and a slew of civil complaints in various venues throughout the United States, Canada and the United Kingdom.
After reports surfaced last week that Brafman and Weinstein were parting ways, the two released a joint statement in which they portrayed the split as amicable. But several news outlets, quoting unnamed sources, reported that Brafman and Weinstein bumped heads over legal strategy and Weinstein's wishes to augment his defense team.
Weinstein's charges, which relate to two accusers who say that Weinstein assaulted them in separate incidents in 2006 and 2013, include two counts of predatory sexual assault, for which Weinstein could face a maximum penalty of life in prison. He is due back for a hearing in March and his trial is scheduled to being in May.
As for Weinstein's new attorneys, Baez successfully represented Casey Anthony, who was accused and acquitted in 2011 of allegedly murdering her two-year-old daughter to escape the obligations of motherhood.
“He is innocent,” Baez said speaking to reporters gathered outside the courthouse. “That is what Harvey Weinstein has said to this court, that he is innocent of these charges.”
Levin, a former prosecutor who has worked for both the Manhattan District Attorney's Office and the U.S. Attorney's Office for the Eastern District of New York, is cast on his bio page for his firm's website as an expert on money laundering, internal investigations and fraud.
Pamela Mackey of Denver-based Haddon, Morgan and Foreman, who represented Kobe Bryant in his 2003 sexual assault case, is also joining Weinstein's new defense team. She was not present for the hearing.
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