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.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllPost-Pandemic Increase in Live Events Prompts Need for Premise Liability Action
7 minute readAs Uncertainty Hovers Over PGA Merger, LIV Golf Hires Entertainment Industry Veteran as Legal Chief
'Rampant Piracy': US Record Labels File Copyright Suit Against French Distributor Believe
5 minute readTrending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250