Weinstein lawyer urges ‘biased’ judge to step down – TheNigerialawyer

Harvey Weinstein’s lawyer has asked the judge in his client’s
rape case to step down after he threatened to jail Mr Weinstein for
using his phone in court.

Arthur Aidala said Judge James Burke’s “inflammatory, biased and
prejudicial” comments suggested he had already decided Mr Weinstein
was guilty.

Mr Weinstein faces five charges and possibly life in prison if
convicted.

The allegations include rape and predatory sexual assault
relating to two unnamed accusers.

He is charged in the New York City court with raping one woman
in a Manhattan hotel room in 2013, and performing a forcible sex
act on the second woman in 2006.

The 67-year-old has denied all charges and insists any sexual
encounters were consensual.

What is in the lawyer’s letter to the
judge?
It referred to Judge Burke scolding the former Hollywood producer
on Tuesday.

“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?” Judge Burke
asked.

Mr Weinstein shook his head and denied that he had used his
phone.

“These comments reflect the court’s animus towards the defendant
and have created a situation in which the court’s ‘impartiality
might reasonably be questioned’,” Mr Aidala wrote.

Mr Aidala contended that the judge’s rebuke suggested either
that using a phone in court merited a life sentence or that the
court “already knew it intended to sentence him to life in
prison”.

“It is without question that damage has been done to the
appearance of fairness in this trial,” he said.

Mr Weinstein was caught using two mobile phones on Tuesday,
according to local media. He had already been admonished by Judge
Burke at previous court appearances for using a handset.

Mr Aidala said he would call for the trial to be postponed if a
new judge was not brought in.

Judge Burke has not yet responded.

On Monday, Mr Weinstein was charged with an additional two
counts in Los Angeles: rape and sexual assault.

Mr Aidala argued that the jury pool had been tarnished by the
extensive press coverage of the Los Angeles charges filed on
Monday. In the letter he said that the indictment’s timing was
designed to unfairly influence jurors.

Mr Aidala argued that the judge’s refusal to push the trial back
as a result was further evidence of bias against his client.

On Tuesday, Judge Burke declined to deny Mr Weinstein bail after
prosecutors alleged that he was a flight risk. He is out on $5m
(£3.8m) bail and is required to wear an electronic tracking
device.

After jury selection, Mr Weinstein’s New York trial is expected
to begin in about two weeks’ time.

BBC