The court will not enter the thick of the Weinstein trial until Wednesday, January 22, with the preliminary statements and the first testimonies. However, three days after the formal start of the New York rape and sexual predation trial against the ousted film producer, the case reveals its complexity.
On Wednesday January 8, one of Mr. Weinstein's lawyers, 67, asked judge James Burke who presides over the proceedings to deport. Explanation, the statement made the day before while Mr. Weinstein tapped on his cell phone, while this use is prohibited within the precincts of the court. "Is that really how you want to end up in jail for the rest of your life? For texting in violation of a court order? " rebuffed the judge, threatening to revoke the accused's bail.
The defense infers that "This comment reflects the animosity of the Court against the accused and has created a situation in which the impartiality of the Court can be reasonably questioned." "The Court has already violated his mandate before potential jurors by deciding that Mr. Weinstein is guilty before having heard the least load of the trial", continues the memorandum. The challenge seems unlikely, but the judge's statements could fuel a possible appeal after a conviction.
The difficult selection of jurors
The defense cites numerous grievances against the court. Justice Burke refused to stay the trial after his charges were announced Monday at the start of the New York trial for similar charges by the Los Angeles prosecution, just to allow the media pressure to cool. He refused to disorient him from New York and also did not agree to give more time to the selection of jurors and to allow Mr. Weinstein to use a consultant, registered with the New York bar, for the assist in the selection of the twelve trial jurors and six alternates.
This is the second lesson, this task is immensely complicated, as the Weinstein affair had a powerful media effect. Judge Burke on Tuesday brought some 120 potential jurors into the courtroom and reminded them of the rules: ban on discussing the case; obligation to immediately inform the Court if they were approached about the trial, including by journalists; ban on reading the press, consulting social media or doing internet research on the trial.
