Harvey Weinstein
The judge in the Harvey Weinstein rape case has warned the lead defence lawyer not to talk to the press, after she penned an opinion piece on Saturday.
Writing in Newsweek, Donna Rotunno called on jurors to “do what they know is right”.
But she told Justice James Burke the piece was not intended to address the jury directly.
The row came before the jury of seven men and five women were sent away to try to reach a verdict.
They have now finished their deliberations for the day, after asking for clarification of legal terms and for plans of the apartment where one of the alleged assaults took place.
Mr. Weinstein has pleaded not guilty to sexually assaulting former production assistant Mimi Haleyi and raping former actress Jessica Mann. The trial began in New York last month.
Accusations of sexual misconduct against the Hollywood producer by dozens of women helped drive the #MeToo movement.
Only two of the accusers’ cases, those of Mimi (Miriam) Haleyi and Jessica Mann, have led to individual criminal charges in New York, but the testimony of others is being used as supporting evidence.
Judge Burke instructed jurors on Tuesday morning before they retired to consider their verdict.
As the court session opened, prosecutors asked the judge to instruct jurors to ignore the Newsweek piece as it was “100% inappropriate”.
Judge Burke refused the prosecutors’ request, but restated a ban he imposed at the beginning of the trial on both defence and prosecution from giving media interviews.
“I would caution you about the tentacles of your public relations juggernaut,” he told Ms. Rotunno.
The defence attorney responded, “This is an op-ed about the jury system as a whole, about the criminal justice system as a whole.”
In the piece, she accused her opponents of trying to influence the trial.
“The mocking of Mr. Weinstein’s walker, the unflattering courtroom-artist sketches of his body, the countless critical op-eds and biased stories, and the convenient timing of the politically-motivated charges in Los Angeles were all designed to pre-determine his guilt,” she wrote.
“I implore the members of this jury to do what they know is right and was expected of them from the moment they were called upon to serve their civic duty in a court of law.”
But Judge Burke asked the defence, “You don’t think addressing the jury in the first person isn’t problematic?”
Prosecutors have argued Mr. Weinstein was a “seasoned” sexual predator who preyed on aspiring young actresses.
His defence team said his actions were consensual, including in one “loving” relationship. They also said prosecutors had failed to present any forensic evidence or eyewitness accounts.
The 67-year-old denies five charges, including rape and sexual assault, relating to two accusers. The jury must reach unanimous verdicts on each count.
Mr. Weinstein, who never took the stand during the trial, could face life behind bars if convicted.