NEW YORK _Harvey Weinstein's defense team on Friday called for secret jury selection in the widely publicized case, insisting the accused sexual predator's chances for a fair trial were already compromised during the first days of questioning.
Lawyers for the fallen Hollywood mogul also asked Judge James Burke to boot all 32 jurors who heard a damning remark about Weinstein during voir dire two days ago, and called for all potential jurors to be sequestered and questioned individually going forward. The media and the public would be barred if Burke agrees to the request.
"Jury selection in this case requires additional procedures to protect Mr. Weinstein's Constitutional right to a fair and impartial jury," argued defense attorney Arthur Aidala in court papers Friday.
Burke, after initially declaring the suggestion was "against the law," said he would reserve his decision until after reading the defense motion in full.
The legal wrangling came on a day when protesters chanting that Weinstein was a rapist were audible in the Manhattan courtroom. The 67-year-old defendant shrugged when asked about the demonstration in the park across the street.
The defense motions were sparked in part by a statement made by potential juror Ava Lim when she said she shouldn't be seated on the Manhattan jury that will consider charges carrying a life sentence if Weinstein is convicted in separate sexual assaults on two New York women.
"I have a close friend who had an encounter with defendant in his hotel room, and I do not think I can be a fair juror in this case," said Lim, who was quickly excused. No further details about what allegedly happened were discussed, and the full remark was not audible in the courtroom when she initially spoke.
Aidala, in his Friday filing, said the start of jury selection already indicated that other potential jurors were "not candid" in answering questions, a number of others were victims or had exposure to sexual assault or domestic violence, and had virtually all heard about Weinstein and this case. At least one juror also suggested via social media that his service could be leveraged into cash, the lawyer said.
"To select a fair and impartial jury under unusual circumstances, voir dire should not be business as usual," wrote Aidala. "This is an unusual case, with an unusual amount of media attention, to which every juror has been exposed."
The defense also moved to dismiss the entire Friday pool of prospective jurors over the protest, although Burke observed it was likely the last protest that will be audible in the courtroom.
"That's awesome," said protester Sandy Nurse, a candidate for state Assembly, when told the chants were heard by Weinstein. "I hope he hears it and I hope justice is served."
