NEW YORK _ The judge who upbraided Harvey Weinstein for using his phone in the courtroom, suggesting he could wind up in jail for life, is being asked to recuse himself from the disgraced movie mogul's rape and assault trial.
In an eight-page motion filed Wednesday, Weinstein's lawyers described Manhattan Supreme Court Justice James Burke's scolding as "inflammatory, biased, and prejudicial" _ and evidence he's biased against the accused sexual predator.
"Mr. Weinstein, is this really the way that you want to end up in jail for the rest of your life, by texting and violating a court order?" Burke railed Tuesday after spotting Weinstein tapping on his cellphone despite repeated warnings not to.
"Either the (judge) was suggesting that an appropriate sanction for use of a cell phone in court was life in prison, or the (judge) was suggesting that Mr. Weinstein is guilty, would surely be convicted and that the (judge) already knew that (he) intended to sentence him to life in prison," the court filing states.
"It is without question that damage has been done to the appearance of fairness in this trial," the paperwork states.
Lawyers for the "Pulp Fiction" producer have argued he was using his iPhone before the court was in session.
In the filing, Weinstein's lawyers also cite rape and sexual assault charges being brought against him in Los Angeles on the eve of his trial in Manhattan among the reasons his trial should be delayed until the intense media scrutiny dies down.
"Mr. Weinstein faces a daily gauntlet of reporters, gawkers, and negative backlash as he makes his way to court each day. The courtroom has been filled to capacity with press. Reporters line the streets and halls as Mr. Weinstein makes his way to court."
Burke is expected to respond to the motion in the coming days.
Arthur Aidala, one of Weinstein's lawyers, said the defense isn't optimistic that Burke will take himself off the case, but hopes he'll give attorneys more time to question potential jurors.
Aidala added that being at the center of the trial of the century is taking a toll on his client.
"Any criminal defendant goes through an enormous amount of stress and pressure," he said.
Weinstein, 67, is charged with two counts of predatory sexual assault, rape in the first- and third-degree, and one count of criminal sexual act in his Manhattan case. If convicted of the top charge, he faces life in prison.
