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 “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?” state
Judge James Burke asked the 67-year-old defendant, visibly
angry.
“I’m not looking for apologies; I’m looking for compliance,”
Burke said.
The once-powerful producer has been released on bail, but is
required to wear an electronic-tracking device that was visible
on his ankle when he arrived at court on Tuesday.
Weinstein has pleaded not guilty to charges of assaulting two
women in New York. He faces life in prison if convicted on the
most serious charge, predatory sexual assault.
Jury selection began with Burke speaking to 120 potential jurors
in the courtroom about the importance of jury service and
telling them the identity of the defendant.
“Having heard of him, or even having heard the allegations made
against him in the press, does not disqualify you,” he told
them.
Forty of the potential jurors said they could not be impartial
in the case, and were allowed to leave. Others were excused
after speaking to the judge and lawyers in private about why it
would be a hardship for them to serve.
Burke read to jurors a list of dozens of names that might come
up at the trial, including actresses Salma Hayek and Charlize
Theron, who have accused Weinstein of misconduct.
That message propelled the #MeToo movement, which prompted women
to lodge misconduct allegations against powerful men in politics
and business.
Burke did not say if the people he mentioned would be called as
witnesses.
Prosecutors have said they may call three women to testify about
encounters with Weinstein, even though he is not formally
charged with crimes against them. Their testimony is intended to
bolster the charges by showing that Weinstein had a consistent
pattern of behavior.
When the day's proceedings ended just after 3 p.m. (1800 GMT),
Burke said just 36 of the 120 jurors called in the morning
remained in the running. Those who made the cut were sent home
with written questionnaires and ordered to return on Jan. 16 for
the second phase of jury selection, in which the final panel
will be chosen.
Another large group of jurors is expected to be screened on
Wednesday.
On Monday, hours after Weinstein's trial in New York started,
Los Angeles District Attorney Jackie Lacey charged Weinstein
with the sexual assault of two unidentified women in 2013.
More than 80 women have accused Weinstein of sexual misconduct
dating back decades.
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Weinstein has denied the allegations, saying any sexual
encounters he had were consensual.
Burke denied a request by one of Weinstein's lawyers, Arthur
Aidala, to delay the trial or at least allow more time for jury
selection because Monday's charges would make it impossible to
choose a fair and impartial jury this week.
“I cannot think of one time, one case where the day of jury
selection this type of prejudice is being cast against a
criminal defendant,” said Aidala, who held up copies of the New
York Times, Daily News and New York Post with articles about the
Los Angeles charges.
“I don’t see how anyone could answer honestly that they’re fair and
impartial after this stuff is drilled into their brains,” he said.
Legal experts said the #MeToo movement and Monday's charges would
make jury selection challenging in the trial of Weinstein, who made
his mark with low-budget, critically acclaimed films such as "The
English Patient" and "Shakespeare in Love."
"The defendant, Harvey Weinstein is a film producer," stated the
form with 55 questions potential jurors were asked to answer. "Can
you assure all parties that you will determine this case based only
on the evidence you will hear in Court?"
Jurors were also asked if they had read about the case or Weinstein,
if they or a family member was ever a victim of sexual abuse or if
they or a family member ever worked in the entertainment business.
Lucian Chalfen, a spokesman for the Office of Court Administration,
said the 2,000 jurors summoned for the Weinstein case is roughly
five times the number for a typical trial. Based on past experience,
about 500 were likely to show up for jury duty.
Prosecutors need all 12 jurors to back a conviction, while Weinstein
needs just one holdout for a hung jury.
(Reporting by Gabriella Borter in New York; Additional reporting by
Tom Hals in Wilmington, Delaware, and Brendan Pierson in New York;
Editing by Noeleen Walder and Jonathan Oatis)
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