Harvey Weinstein and his legal team leaving Manhattan criminal court on Jan. 7, 2020. Photo: Jane Wester/NYLJ

Judge James Burke has refused to recuse himself from former Hollywood producer Harvey Weinstein's Manhattan criminal trial, he announced in court Thursday.

Weinstein's defense lawyers asked Burke to recuse himself Wednesday, which was the second day of jury selection in the case. Weinstein has pleaded not guilty to charges of rape and predatory sexual assault.

In the recusal motion, attorney Arthur Aidala of Aidala Bertuna & Kamins argued that Burke made prejudicial statements while scolding Weinstein for using a cellphone in court.

On Tuesday morning, Burke asked Weinstein if the cellphone use was "really the way you want to end up in jail for the rest of your life," after several previous incidents involving the phones.

Burke thanked the defense team for giving him the chance to clarify, explaining that judges can use strong and even hyperbolic language to prevent defendants from continuing to violate court orders.

"I certainly never actually meant that I was going to put your client in jail for life nor did I mean, because I have not, that I have prejudged whether he is guilty or not guilty or innocent of the charges nor what his sentence would be [if he's found guilty]," Burke said.

Burke heard brief oral arguments from each side Thursday before deliberating on the recusal motion for about 20 minutes.

Joan Illuzzi-Orbon, the lead prosecutor in the case, told Burke that the Manhattan DA's office strongly objected to the motion for recusal.

Burke's rulings and behavior have been balanced, Illuzzi-Orbon said. She noted that Weinstein's defense lawyers frequently say they're concerned about the volume of media coverage in the case, but the lawyers often speak to the press themselves, she said.

"They make that request every single day, that they don't want news, but that doesn't mean it's a sound motion to be made," she said. Burke earlier this week rejected a request from Illuzzi-Orbon herself to forbid the defense team from talking to the press during the trial.

Aidala also made a series of specific requests in his motion, asking for more time for voir dire among other issues.

Burke dismissed those matters, telling Aidala he's repeatedly said that the jury selection timeline can be adjusted if necessary later on.

He also rejected the idea that the trial has, so far, had a "carnival atmosphere." While many people are interested in the case, Burke said the crowds at the courthouse have been well-behaved and quiet.

"Today, this morning, this courtroom is more than half empty," Burke said after briefly scanning the room.

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