NEW YORK (AP) – Harvey Weinstein’s lawyers asked the judge in his New York City rape case to step aside Wednesday after he threatened to jail the disgraced movie mogul for texting in the courtroom.
Weinstein’s lawyers sent a letter to Judge James Burke saying his comments Tuesday were “prejudicial and inflammatory” and raised questions about his impartiality. Burke has not ruled on the request.
Burke admonished Weinstein as jury selection was getting underway, asking: “Is this really the way you want to end up in jail for the rest of your life, by texting in violation of an order? Is it?”
Burke cut off Weinstein before he could respond. Weinstein’s lawyers said the film producer, who has been seen clutching an iPhone, was using his cell phone before court was in session.
The defense further argued that Burke has failed to adequately safeguard Weinstein’s right to a fair and impartial jury, in part by rejecting a request to halt jury selection for a “cooling off” period after prosecutors in Los Angeles filed new sex crimes charges against him on Monday.