You can’t turn on the news without hearing about the Harvey Weinstein case, which is precisely why the hearing on Friday was so important to our #ABKLaw Defense Team helmed by Executive Partner Marianne Bertuna, accompanied by Diana Fabi Samson, Arthur Aidala and Hon. Barry Kamins.
On Friday, Manhattan Supreme Court Justice James Burke ruled to keep the Harvey Weinstein pre-trial hearings closed. The evidence to be discussed during the hearings had the potential to undermine his SixthAmendment right to a fair trial because much of the evidence disclosed at the hearings would not be admissible at trial. Closing the courtroom was the only way to prevent Mr. Weinstein’s potential jury pool from being exposed to inadmissible, irrelevant information.
The trial is now set for Sept. 9.
Both the prosecution lead by Manhattan Assistant District Attorney Joan Illuzzi-Osborn and the defense lead by Aidala, Bertuna & Kamins P.C. Partner Marianne Bertuna had asked for the hearing to be held behind closed doors, arguing that allowing it to be public could make it harder to find an impartial jury.
Marianne Bertuna was the first female attorney to speak before Judge Burke on Mr. Weinstein’s behalf since the case began, and she had claimed that if the court were to allow members of the media to be present, “Mr. Weinstein’s Sixth Amendment right to a fair trial will be irrevocably damaged by the unprecedented media attention.”
“The accused should not be required to face trial in open court after he has largely been convicted by a newspaper…” “Let’s limit the damage that has been done here in the midst of an insatiable media frenzy…”
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