Weinstein judge refuses to step aside after lawyers allege bias
NEW YORK: Denying he was biased, the judge in Harvey Weinstein’s rape trial on Thursday refused to remove himself from the case, rejecting an accusation by the former film producers’ lawyers.
“I have in no way prejudged this case,” Justice James Burke told Weinstein’s lawyers. “I am going to great lengths to afford your client a fair trial.”
Allegations of sexual misconduct against Weinstein by dozens of women sparked the rise of the #MeToo movement.
The 67-year-old has pleaded not guilty to charges of assaulting two women in New York, and faces life in prison if convicted on the most serious charge, predatory sexual assault. His trial began on Monday and could last up to two months.
One of Weinstein’s lawyers, Arthur Aidala, filed a motion on Wednesday urging Burke to recuse himself.
As evidence of judicial bias, Aidala cited a comment Burke made on Tuesday when he threatened to revoke Weinstein’s bail after catching him using his cellphone in court.
“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?” the judge said at the time.
Burke on Thursday said that even if the comments were “hyperbolic,” they were not evidence of prejudice.
“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 innocent of the charges,” the judge said.
Since 2017, more than 80 women, including many famous actresses, have accused Weinstein of sexual misconduct dating back decades.
Published in Dawn, January 10th, 2020