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JUST NOW: NY appeals judge denies staying Harvey Weinstein’s rape trial and says that a full panel of court will rule on his motion to move the trial from the “carnival-like atmosphere” of Manhattan by Tuesday/Wednesday at the latest. Trial is set to begin on Weds w/opening args.
In an unusual conference room hearing Judge David Friedman put off ruling on Weinstein's 11th-hour bid to move the high-profile proceeding out of New York City. W/a ruling expected on the day arguments are slated to start--or one day before--the appeals court is cutting it close.
Weinstein's lawyers argued the trial so far has been a zoo of flash mob protests and hordes of reporters making it impossible to pick an impartial jury. The DA countered that moving the trial from NYC wouldn't solve the problem. The press & protests would simply follow the trial.
John Esposito, a Weinstein lawyer, said that passions at the trial hadn't cooled. "The temperature's going to continue to increase." Valerie Figueredo, an ADA, said: "The media coverage has been constant," adding there's nowhere in the state where jurors wouldn't know about H.W.
Jury selection at Weinstein trial today hinted at what's coming. One lawyer, Damon Cheronis, asked jurors: “Can u be patient enough to...listen to cross examination of people accusing Mr. Weinstein?...Some...female accusers...are going to be emotional & they’re going to cry."
“I'm going to ask a very delicate question," Cheronis later said. "Does anybody on this jury in this panel think that it’s possible that an individual would say they were sexually assaulted when they really weren't?" There were some nods.
“Does anybody think an individual could have sex with someone that they may not find attractive for reasons other than love?" Cheronis also asked the panelists. There was no response to this.
The lead ADA on the case, Joan Illuzzi, objected that Weinstein's lawyers were "systematically eliminating every young white female."
By day's end, seven jurors were seated. 11 more to go.
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