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Harvey Weinstein trial: Dozens of potential jurors dismissed over impartiality issues

Jury selection expected to last two weeks

Clémence Michallon
New York
Wednesday 08 January 2020 23:27 GMT
Weinstein's celebrity accusers hold a rally outside court

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Dozens of potential jurors have been dismissed from the Harvey Weinstein trial over impartiality concerns.

Jury selection began on Tuesday in New York City, where the former movie mogul is facing criminal charges. He’s accused of raping a woman in 2013 and performing a forcible sex act on another woman in 2006.

Weinstein has pleaded not guilty and denies all allegations of non-consensual sex.

On Wednesday – day three of the trial – 90 out of 120 potential jurors were dismissed. Most of them were excused after saying they could not be impartial when deciding whether Weinstein should be acquitted or convicted.

Assembling a neutral jury in a highly publicised case is expected to be a challenge for both sides.

The dismissed jurors on Wednesday included two women who said they had been assaulted in the past and one who said a close friend had an encounter with the movie producer.

“I read every article and it’s gonna be very hard [to be impartial] for someone who’s been assaulted multiple times,” one woman said.

“I was assaulted in my past, so I don’t think I can be a fair juror,” another said.

A third woman said she had “a very close friend who had an encounter with the defendant”.

Many other jurors simply said they could not be fair, without giving a reason. The 30 potential jurors who were not dismissed Wednesday are expected to return on 16 January for the next phase of jury selection.

Prosecutors need 12 jurors to back a conviction, while Weinstein needs just one holdout for a hung jury.

Also on Wednesday, one of Weinstein's lawyers, Arthur Aidala, filed a motion asking Burke to recuse himself, alleging that the judge had made "prejudicial and inflammatory comments" that showed "animus" towards Weinstein.

Burke on Tuesday threatened to revoke Weinstein's bail after catching him using his cellphone in court, asking him, "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?"

Aidala said the question suggested Burke had already decided Weinstein was guilty and should be sentenced to life. Burke has not ruled on the motion.

Weinstein, 67, could spend the rest of his life in prison if convicted on the most serious charge, predatory sexual assault.

His trial began on Monday and could last as long as two months. Justice James Burke, who is in charge of the case, has denied requests by Weinstein’s legal team to move the trial out of the media glare of Manhattan or to delay the start given the challenges of finding impartial jurors.

Earlier on Wednesday, Weinstein’s lawyers asked to bar high-profile lawyer Gloria Allred from attending the trial, saying they might call her as a witness, but Burke denied the request. Ms Allred represents three of the women who are expected to testify against Weinstein.

“Harvey Weinstein’s defence appeared to want to interfere with my ability to represent my three clients who will be witnesses in his trial,” Ms Allred told reporters outside the courthouse.

Since 2017, more than 80 women, including several famous actresses, have accused Weinstein of sexual misconduct dating back decades.

The Weinstein allegations helped fuel the #MeToo movement, which encouraged women to go public with misconduct allegations against powerful men.

On Monday, new sexual offence charges emerged against Weinstein in Los Angeles.

Burke said the New York jury would be instructed that the charges in California are not evidence of guilt.

Additional reporting by agencies

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