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WHINE STEIN

Weinstein tells rape case judge to STEP DOWN after being scolded over his phone use in court

HARVEY Weinstein's defense attorneys filed a motion on Wednesday asking the judge to recuse himself from the criminal trial.

suggests that Judge James Burke has already decide the disgraced movie mogul is guilty, pointing to the "prejudicial and inflammatory" comments he made the previous day.

 Harvey Weinstein smiled as he left court on Wednesday on the day his attorneys asked the judge to recuse himself
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Harvey Weinstein smiled as he left court on Wednesday on the day his attorneys asked the judge to recuse himselfCredit: AP:Associated Press
 Defense attorneys have said the judge's actions have show he has possibly already decided the media mogul is guilty
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Defense attorneys have said the judge's actions have show he has possibly already decided the media mogul is guiltyCredit: Reuters

On Tuesday morning, Judge Burke snapped at the former Hollywood producer for using his cellphone in court – an action that is forbidden.

Burke said: "Mr. Weinstein, I could not implore you more to not answer the question.

"Is this really the way you want to end up in jail for the rest of your life, by texting in violation of an order? Is it?"

The filing came on the second day of jury selection and claimed that Burke's remarks reflected his "animus" toward Weinstein.

The judge's actions, the filing claimed, "created a situation in which the court's 'impartiality might reasonably be questioned.'"

PHONE VIOLATION

Weinstein's lawyer, Arthur Aidala, wrote: "It has become clear to Mr. Weinstein that the Court has already violated its own mandate to the potential jurors by deciding that Mr. Weinstein is guilty before it has heard any of the trial evidence.

"Accordingly, we seek the Court’s recusal from this matter and assignment of the trial to another judge.”

Wednesday's filing by claims that Burke was either suggesting Weinstein be sentenced to life in prison for using his phone, or had already predicted he would be found guilty.

Weinstein's trial, which started at Manhattan Criminal Court on Monday, sees the 67-year-old facing a series of sexual assault and rape charges.

"PREJUDICIAL AND INFLAMMATORY"

Other than Tuesday's example, the defense team also listed a number of additional reasons why feel Burke should be recuse himself.

On Monday, prosecutors in Los Angeles charged the movie mogul with raping one woman and sexually assaulting a second woman in separate attacks over a two-day period in 2013.

Weinstein's defense team argue Burke unfairly denied motions to delay the New York trial in light of these new criminal charges.

They also claim the judge should have allowed the team's jury consultant to sit with them during the jury examination.

According a review by , Burke also denied a series of pre-trial motions from the defense.

These include blocking Weinstein's lawyers' bid to dismiss charges and surprise certain pieces of evidence, the report claims.

Weinstein had claimed that all sexual contact he had with women was consensual.

In a trial that some have claimed is "the biggest since OJ Simpson," Charlize Theron and Salma Hayek have been named as potential witnesses.

Since 2017's exposure of Weinstein's alleged serial sexual misconduct, more than 80 women have come forward to make allegations against the media mogul.

These allegations helped spark the MeToo movement, were made by actresses such as Uma Thurman, Selma Hayek, Gwenyth Paltrow and Cate Blanchett.

As the allegations stacked up, Hollywood royalty – including Quentin Tarantino, Ben Affleck, Matt Damon and George Clooney – deserted and condemned Weinstein.

 Judge James Burke scolded Weinstein on Tuesday for using his phone in court
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Judge James Burke scolded Weinstein on Tuesday for using his phone in courtCredit: Reuters
 Weinstein was pictured using a walker as he left court on Wednesday
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Weinstein was pictured using a walker as he left court on WednesdayCredit: Reuters
 Charlize Theron could be a witness at the disgraced mogul's trial
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Charlize Theron could be a witness at the disgraced mogul's trialCredit: Getty - Contributor
 Salma Hayek has told how Harvey Weinstein allegedly sexually harassed her
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Salma Hayek has told how Harvey Weinstein allegedly sexually harassed herCredit: Getty Images - Getty
Harvey Weinstein arrives at New York's Supreme Court on zimmer frame for opening day of rape trial

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