New York (AFP)

Defense for Harvey Weinstein asked the presiding judge to recuse himself on Wednesday, questioning his impartiality after he threatened the ousted producer on Tuesday to place him in pre-trial detention.

"It has become clear to Mr. Weinstein that the Court has already breached his mandate (...) by deciding that (the accused) is guilty, even before the presentation" of the elements of the file, wrote Arthur Aidala, one of Mr. Weinstein's lawyers, in a letter on file.

In support of his request, the defense of the former Hollywood tycoon recalls the reprimand of the magistrate James Burke to Harvey Weinstein at the hearing on Tuesday.

"Is this really how you want to end up in jail for the rest of your life? For texting in violation of a court order?" thus carried the judge away, accusing the accused of the repeated use of his telephone at the hearing.

Defense attorney either judges that using his phone in court can be life imprisonment, or "suggested that Mr. Weinstein (was) guilty" and was already planning to sentence him to prison for life.

In defense of the deposed producer, accused of raping one woman and sexually assaulting another, this "inflammatory, biased and prejudicial" comment undermined "the appearance of a fair trial".

Arthur Aidala also accuses the judge of his refusal on Tuesday to postpone the trial to limit the influence on potential jurors of the new indictment of Harvey Weinstein Monday, in Los Angeles, for rape and sexual assault.

The defense also criticizes the magistrate's refusal to disorient the trial of this high-profile case elsewhere than in New York, and his decision to limit the time allotted to questioning potential jurors.

If the judge refuses to recuse himself, the defense again requests a postponement of the trial and more time to question the potential jurors during the selection process.

The pre-selection of jurors continued on Wednesday, a very large number of those called affirming that they could not judge Harvey Weinstein with impartiality.

The selection of the jury could be completed by the end of next week.

© 2020 AFP