NEW YORK _ The judge in accused sexual predator Harvey Weinstein's trial is dialing down the rhetoric.
Manhattan Supreme Court Justice James Burke, after rejecting a defense motion demanding he recuse himself from the case, acknowledged Thursday that his threat to toss the Oscar-winning producer behind bars for life over the repeated use of a cellphone in court was more legal smoke than fire.
"I certainly never actually meant that I was going to put your client in jail for life," Burke told Weinstein's lawyers during day three of jury selection. "All I meant to do was scare him enough for him to discontinue using his phone."
Burke noted the issue of Weinstein's cellphone antics predates his current legal team's involvement in the case. He added that a defiant Weinstein displayed "noncompliance" on at least three occasions, and even challenged court officers when he was asked not to use his phone.
"Ironically, I was concerned that there might be a perception that Mr. Weinstein was getting better treatment than other defendants, but I didn't worry about it because most judges give most defendants three strikes," Burke said. "Your client is certainly at that place."
The defense, in papers filed a day earlier, denounced Burke's public scolding of their 67-year-old client as "inflammatory, biased and prejudicial." Weinstein, accused of inappropriate sexual behavior by more than 90 women, faces charges at this trial for the alleged sexual abuse of two New York women.
Weinstein is accused of two counts of predatory sexual assault, rape in the first-degree and third-degree, and one count of criminal sexual act in the Manhattan case. If convicted of the top charge, he faces life in prison.
Jury selection ended abruptly Thursday when Assistant District Attorney Joan Illuzzi required medical attention after getting something in her eye, according to a spokesman for the Manhattan DA's office.
Burke issued brief instructions to the latest batch of 120 potential jurors before sending them home for the day, and noted an audible gasp from one potential juror at the mention of Weinstein's name.
"Oh s---!" exclaimed another potential panelist when spying Weinstein after taking her seat. The judge later questioned her about courthouse rumblings regarding a joke that she allegedly told in the elevator.
"Is it true you said something ... about not wanting to sit on this case?" asked Burke.
"No," the woman replied. "I think I made a joke, but I don't remember where I made it."
The woman then mumbled the joke, which was inaudible to courtroom observers, and Burke warned her to leave the comedy outside.
"Don't say things like that in this building, because people take it seriously," he said.
