An important pre-trial hearing in Harvey Weinstein’s sexual assault case in New York played out in secret on Friday, after a judge ruled against news organisations fighting to keep the courtroom open.
Both the prosecution and defence asked that the hearing, which would deal with trial strategy and potential witnesses, be held behind closed doors.
Manhattan judge James Burke said closing the courtroom to the press and public was "the only means available to avoid the tainting of the jury pool".
He said on Friday that preserving the 67-year-old former movie mogul’s right to a fair trial is paramount to the right of access of the press to court proceedings, and that coverage of the hearing, which would deal with material that “is prejudicial to the defendant and is highly inflammatory”, would serve no purpose but to stir negative public sentiment toward Mr Weinstein.
Mr Justice Burke also denied the media organisations’ request to delay the hearing so they would have time to appeal.
After the closed-door session, a discussion of procedural matters was expected to unfold in open court.
The ruling came after prosecutors said they wanted to protect Mr Weinstein’s right to a fair trial and shield the identities of women who have accused him of wrongdoing.
Friday’s hearing was expected to focus on some of the dozens of women who have accused Mr Weinstein of sexual misconduct but whose allegations haven’t led to criminal charges.
“We believe it is prudent” to close the court, Manhattan assistant district attorney Joan Illuzzi-Orbon said.
Mr Weinstein’s lawyers said news coverage of the hearing could influence potential jurors.
"The court cannot be complicit with the press in denying the defendant's right to a fair trial," Weinstein lawyer Marianne Bertuna said.
Lawyers for the news organisations said the prosecution and defence arguments did not meet the high legal standard for banning the media and the public.
Mr Weinstein’s case is “a matter of immense and legitimate public interest”, and the allegations against him are already widely known, said Robert Balin, a lawyer representing the news organisations.
A lawyer for Court TV and a reporter from New York magazine also argued in favour of keeping the courtroom open.
Charges
Mr Weinstein is charged with raping an unidentified female acquaintance in his Manhattan hotel room in 2013 and forcibly performing a sex act on a different woman in 2006.
Mr Weinstein has denied all allegations of non-consensual sex.
He pleaded not guilty and is free on $1 million bail, with his trial scheduled to begin June 3rd.
Friday’s hearing was to focus on a prosecution request to have some of his other accusers give evidence.
Prosecutors want to show that Mr Weinstein has allegedly had a history of violating women.
The news organisations are also requesting that documents filed under seal in the case be made public and that all future filings, even ones made under seal, be listed so that “the public and press receive prompt notice that such materials exist”. – AP