Although the court was not sitting today, criminal defence lawyer and co-counsel, Arthur Aidala, wasted no time filing a new 87 page motion on behalf of his client, Harvey Weinstein, requesting the sex crimes trial is moved out of Manhattan.
Aidala describes in the motion a “carnival-like” atmosphere inside and outside the court and a jury pool that has been tainted by prejudicial pretrial media, which has been further amplified by the announcement of further charges filed against the media mogul in Los Angeles on Monday 6th January.
He claims something has happened every day that has courted media attention that has gone viral and quotes Harvey Weinstein being reprimanded by Judge Burke for continuously being on his mobile phone amongst other examples cited.
Aidala calls it a “perfect storm of prejudice” against Harvey Weinstein and that Judge James Burke had refused to put safeguards in place that the defence thinks are needed to ensure Harvey Weinstein gets a fair trial.
This is the second attempt to move the trial to another county in New York. Last summer Weinstein requested the case be moved to Albany or Long Island. A 5 judge panel denied the request in October. The prosecution argued vehemently against it the first time around. Let’s see if their position or Judge Burke’s position has changed.
My Two Cents: The motion filed is yet further evidence of the defence’s “D Game” (delay, delay, delay, delay, derail, derail, derail, derail and distract, distract, distract, distract) as well as further underlining the war of attrition that they are waging both inside and outside the courtroom.
This latest 87 page detailed motion, however, has a slight eau de desperation and wafting odour of fear.
Judge Burke has certainly got his work cut out for him. I hope he is a speedy reader and he’ll without doubt need to read it with a healthy side of patience, deep breathing and mindfulness.