But a state court judge in Manhattan ruled Friday that hearings to determine what evidence of uncharged crimes might be allowed at trial would take place in a sealed courtroom with the public and the press excluded.
The ruling by Justice James Burke in state Supreme Court meant the list of other witnesses prosecutors want to call to testify against Weinstein — and what they might say — will remain secret a little longer, perhaps until his trial starts Sept. 9.
Both the prosecution and the defense 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. Burke agreed with them, ruling this month that closing the courtroom was “the only means available to avoid tainting the jury pool.”
Still, before the hearing started Friday, a lawyer for several news organizations, including The New York Times, argued that access to judicial proceedings and records is protected by the First Amendment. The lawyer, Robert Balin, urged Burke to unseal all court filings in the case and allow the press and the public to attend.
Burke quickly turned down the request. He noted what he called Weinstein’s “celebrity status” and said a continued high level of attention from reporters could jeopardize Weinstein’s right to a fair trial.
“The publication of the information at this time would serve no purpose other than to arouse public sentiment against the defendant,” he said, before ordering the courtroom cleared.
Balin said he would immediately turn to an appeals court to ask for a stay.
The indictment against Weinstein, 67, charges him with raping one woman at a Manhattan hotel in 2013 and forcing another to let him perform oral sex on her at his town house in 2006.
Weinstein, who pleaded not guilty and was released on $1 million bail, has denied the charges, saying the encounters were consensual.
Dozens of other women have said publicly that they, too, experienced highly inappropriate behavior at his hands, ranging from sexual harassment to rape.
This article originally appeared in The New York Times.