Will Lawyer David Boies Be a Witness in Harvey Weinstein's Sex Crimes Trial?
Prosecutor Joan Illuzzi-Orbon said she expects one witness to testify that she was contacted under false pretenses by someone who wanted to discuss Weinstein. She said that person was working for the private investigative firm Black Cube, founded by former Israel Defense Forces intelligence analysts. If Weinstein's lawyers refuse to stipulate to the Black Cube details, Illuzzi-Orbon said, she will call Weinstein's former attorney David Boies as a witness.
January 06, 2020 at 12:38 PM
5 minute read
Judge James Burke ruled Monday that the six-day-old changes to New York's discovery laws apply in the case of Harvey Weinstein, whose trial on charges of rape and predatory sexual assault begins in Manhattan Criminal Court this week.
Weinstein has pleaded not guilty to all the charges.
His trial started with a discussion of a mysterious private investigation firm and what one prosecutor described as "intimate" photos.
Assistant District Attorney Joan Illuzzi-Orbon of the Manhattan District Attorney's Office told Burke that prosecutors are in full compliance with the old and the new discovery laws in this case, and she added that prosecutors in the New York Attorney General's Office and the Southern District of New York have recently turned over material that will also be discoverable.
In a nearly 90-minute hearing on final pretrial matters Monday morning, Burke said several questions about evidence should be adjudicated as they come up during the trial.
Illuzzi-Orbon said she's trying to find a way to show "sensitive" photos to the jury in a way that limits public exposure, although Burke appeared skeptical of that plan.
"It is not the practice of the Manhattan DA's office to ever, ever, intentionally humiliate a criminal defendant," Illuzzi-Orbon said while discussing the pictures.
Weinstein's lawyers declined to comment on what the photos portray.
Weinstein's defense team asked that the jury, which will be selected starting Tuesday, be sequestered during the trial. Burke quickly denied that motion, telling Arthur Aidala of Aidala, Bertuna & Kamins that it's too soon to guess at whether Weinstein will be charged with a crime in another jurisdiction in the course of his New York trial.
In comments after the hearing, Weinstein's lawyers said they were hoping he wouldn't be charged in Los Angeles. Just a couple of hours after their statement, prosecutors in the Los Angeles County District Attorney's Office announced that Weinstein has been charged with rape and several other sex crimes in connection with a pair of 2013 assaults.
A spokesman for Weinstein declined to immediately comment on the new charges.
In the courtroom, Illuzzi-Orbon said she expects one witness to testify that she was contacted under false pretenses by someone who wanted to discuss Weinstein. That person was working for the private investigative firm Black Cube, Illuzzi-Orbon said. Weinstein's links to Black Cube, which was founded by former Israel Defense Forces intelligence analysts, have been reported by the New York Times.
If Weinstein's lawyers refused to stipulate to the Black Cube details, Illuzzi-Orbon said, she will call Weinstein's former attorney David Boies as a witness.
Boies wouldn't be asked about anything protected by attorney-client privilege and would instead testify about his role in the Black Cube arrangement, Illuzzi-Orbon said. Weinstein's lawyers indicated they would take issue with Boies' testimony due to privilege issues.
Gloria Allred, who is representing some of Weinstein's accusers, addressed the Black Cube issue outside court, saying that it's "very upsetting and violating" for women to learn they may have been investigated by people who lied about their identities.
"It has been very intimidating to some people to learn they were being investigated prior to them saying anything (publicly)," Allred said.
Illuzzi-Orbon also asked Burke to prohibit the defense lawyers from speaking to the press about the case, saying that they had disparaged witnesses to reporters in recent days.
Donna Rotunno, a Chicago attorney representing Weinstein, said she was always respectful and professional, and Burke denied Illuzzi-Orbon's request. He told Rotunno and her colleagues to avoid discussing witnesses when they do talk to the press.
"It's going to be hard enough to get a fair and impartial jury," Burke said.
Another dispute, about whether Weinstein must stay in New York during the trial or is allowed to go to his home in Connecticut, seemed to go without resolution Monday.
Weinstein, who had back surgery recently, wore a black suit and used a walker in court. The trial is expected to last into March.
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