Harvey Weinstein’s attorneys want the judge in his rape trial recused after he scolded the 67-year-old for supposedly texting in court.
Weinstein’s lawyers sent a letter Wednesday to Manhattan Judge James Burke, saying his threat to place Weinstein in jail over his phone use — after multiple warnings — should prompt a recusal consideration, according to NBC News. (Burke bars everyone from using their phones to post on social media or text in his courtroom.) His defense lawyers called the way Burke addressed Weinstein “inflammatory” and “prejudicial,” according to a copy of the motion obtained by USA Today.
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Burke denied the lawyers’ request to step aside Thursday.
Burke had scolded Weinstein for using his phone Tuesday, ahead of jury selection, asking: “Is this really the way you want to end up in jail for the rest of your life, by texting and violating a court order?” He told Weinstein not to answer that question. On Thursday, Burke said he was only trying to scare Weinstein out of using his phone when he threatened him with life in jail.
READ: Weinstein says he’s the real victim here
Weinstein’s attorney, Donna Rotunno, told BuzzFeed News that Weinstein “never had any intention of upsetting the court.” Additionally, his publicist disputed Burke’s claim that Weinstein had four phones in the courtroom, when he allegedly had two phones. Nonetheless, Burke’s comments received widespread attention, and his attorneys argued that they only contributed to negative media coverage of Weinstein’s trial.
The 67-year-old is facing charges of rape and sexual assault, and his trial is expected to last eight weeks. He’s pleaded not guilty to five sex crime charges, which stem from allegations reported by Mimi Haleyi, a production assistant who has accused him of forcibly performing oral sex on her in 2006, and an unnamed woman who has accused him of raping her in 2013.
Weinstein’s attorneys also disagreed with Burke’s decision to not delay the jury selection after the Los Angeles District Attorney indicted Weinstein this week on new charges of allegedly sexually assaulting two women over the course of two days in February 2013.
Weinstein is currently living free on a $1 million bail, and has long denied all allegations of non-consensual sex. If found guilty of his charges, he could face life in prison.
The court is expected to screen jurors daily through next week.
Cover: Harvey Weinstein, left, arrives at court with his lead attorney Donna Rotunno after a lunch break on the first day of jury selection of his trial, Tuesday, Jan. 7, 2020, in New York. (AP Photo/Mary Altaffer)
