New LA Charges Don't Change NY Trial Plans or Bail Terms for Harvey Weinstein
Prosecutors told the judge that one of the two alleged victims in Los Angeles is expected to provide testimony in the New York trial to provide evidence of Weinstein's prior bad acts.
January 07, 2020 at 10:48 AM
4 minute read
Manhattan Criminal Court Judge James Burke on Tuesday refused to revoke Harvey Weinstein's bail or delay the trial in the wake of news of his charges on similar sex crime offenses in Los Angeles.
Burke's decision was made despite requests from lawyers on both sides of the ex-Hollywood film producer's criminal trial Tuesday morning. Prosecutors sought to revoke bail, while defense counsel said it would be impossible to find an impartial jury given coverage of the new charges.
The Los Angeles County District Attorney's Office announced the charges just a few hours after Weinstein's Manhattan trial on charges of rape and predatory sexual assault began Monday morning.
Just before jury selection was set to begin Tuesday, defense attorney Arthur Aidala of Aidala, Bertuna & Kamins told Burke that it would be impossible to find an impartial jury given the new charges, which include rape and related offenses in connection with two alleged 2013 incidents.
Aidala said he saw news about the new charges in a taxi ride and overheard an adjacent table discussing it at dinner Monday night.
Burke dismissed Aidala's request for a "cooling-off period," noting that juries are typically instructed that criminal charges do not mean a person is guilty.
He also rejected prosecutor Joan Illuzzi-Orbon's request to revoke Weinstein's bail. She argued that Weinstein could flee using his extensive financial resources, while defense attorney Donna Rotunno told Burke that because of health reasons Weinstein should not be jailed.
A new detail about the connection between the Los Angeles and New York accusations arose in court when Illuzzi-Orbon told Burke that one of the two alleged victims in Los Angeles is expected to testify in the New York trial.
She is one of three "prior bad acts" witnesses, who will be allowed to speak about behavior that did not lead to any criminal charge for Weinstein in New York.
The other alleged victim in the Los Angeles case has had no interaction with the Manhattan DA's office, Illuzzi-Orbon said.
Before the discussion of the Los Angeles charges, Burke marched into court to berate Weinstein for his use of electronic devices in court, which isn't allowed.
"Your client is using cellphones, despite repeated cautions, and texting a moment ago," Burke said while still fastening his judicial robe.
Burke said Weinstein's cellphone use has been an issue at each court appearance.
"My understanding from court staff is that he did turn over two cellphones to somebody [today] and then he had two more!" Burke said.
He urged Weinstein's lawyers to take their client's phones and keep them in a briefcase before turning to Weinstein himself.
"Mr. Weinstein, I could not implore you more to not answer the following question," he said. "OK, don't say anything. Is this really the way you want to end up in jail for the rest of your life? Is it?"
Jury selection is set to take at least two weeks. Burke said Tuesday that he hopes opening statements will begin after Martin Luther King Jr. Day.
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