A Manhattan judge presiding over fallen film mogul Harvey Weinstein’s sex assault case ordered that the courtroom be closed to the press and public for pretrial hearings and that related “highly inflammatory” motion papers remain sealed.
Justice James Burke said that opening the hearing, which focuses on whether evidence of Weinstein’s bad behavior for which he is not charged will be admitted at trial, would be prejudicial to the defendant.
The closing of the doors came after the “Pulp Fiction” producer made his first appearance at court with the two new female members of his law team, Marianne Bertuna and Diana Fabi Samson.
Weinstein faces allegations that he forcibly performed oral sex on production assistant Mimi Haleyi in 2006 and raped a longtime lover in a Manhattan hotel in 2013.
The hearing will also determine if prosecutors will be allowed to call dozens of Weinstein’s accusers to testify against him at his June 3 trial to show a pattern of behavior.
Burke added an open court hearing would expose the public and potential jurors to “information that is inflammatory in nature” and that may not be allowed in as evidence at the upcoming trial.
“This would result in a violation of both the defendant’s right to an impartial jury panel and his right to a fair trial,” the judge ruled.
He added that another consideration is the privacy of the uncharged victims.
“They deserve to have their identities protected from public disclosure,” Burke said.
The prosecution and defense requested the court closure.
The judge’s decision came after media organization lawyers, representing the New York Post, Wall Street Journal and other outlets, argued that the parties had failed to meet their “heavy burden” that the restrictions are necessary to protect Weinstein’s right to a fair trial.
“This court case is a matter of immense and legitimate public interest for women and men across the state, across the nation,” said attorney Robert Balin.
The lawyer argued that the majority of the damning information that will be revealed during the hearing is “already a matter of public record.”
Bertuna urged the judge to conduct the proceedings in secret and “limit the damage that has been done here in the midst of an insatiable media frenzy.”
Assistant DA Joan Illuzzi-Orbon added that the courtroom should be sealed to protect the anonymity of victims who have not come forward publicly.
The hearing then got underway behind closed doors shortly after the judge issued his ruling.
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