Judge OKs new team of lawyers to rep Harvey Weinstein on rape charges

A Manhattan judge on Friday approved a new team of star lawyers to represent Harvey Weinstein on rape and sexual assault charges after the movie mogul waived any conflict of interest stemming from their previous representation of Rose McGowan, an outspoken critic.

Manhattan Supreme Court Justice James Burke relieved Weinstein’s previous defense lawyer Ben Brafman, who had disagreements with his client about how to handle the case, in favor of defense lawyers Jose Baez, Ron Sullivan and Duncan Levin.

Baez defended Casey Anthony on charges of killing her child and, with Sullivan, former New England Patriot Aaron Hernandez on murder charges. Sullivan, a Harvard law professor, and Levin, a former Manhattan prosecutor, will be joined by Pamela Mackey, who represented Kobe Bryant on rape charges, Weinstein told the judge.

Baez and Sullivan previously represented McGowan, a vocal critic of Weinstein who settled a sex assault case with him, on a 2017 drug charge in Virginia in which the actress at one point claimed Weinstein had planted cocaine in a wallet she left at Dulles Airport. She pleaded no contest this month.

Although McGowan is not part of the Manhattan case, in which Weinstein is charged with sexual assaults on two women, Burke warned Weinstein that if prosecutors decide to call her — to, for example, show a pattern of behavior — his new lawyers may be limited in cross-examining her.

The judge also noted that Manhattan prosecutors are in possession of emails in which Weinstein discusses McGowan’s accusations that he planted the cocaine.  “He was commenting on the absurdity of the allegation, not the truth of the allegation,” Brafman told the judge.

After alerting Weinstein to the possible conflicts, Burke said, “This court cannot stand in the way of Mr. Weinstein’s right to an attorney of his choice.”

McGowan, according to published reports, has complained about her ex-lawyers representing Weinstein. But Sullivan told the judge he and Baez would comply with rules requiring them to protect client confidences, and that they hadn’t represented McGowan or anyone else on issues relating to the Manhattan indictment.

Outside court, Sullivan told reporters they wished McGowan well, and were anxious to take on Weinstein’s case to ensure his rights are protected after a barrage of negative publicity.

“I think this case is testing the presumption of  innocence,” he said.

Weinstein, 66, was charged last year with forcing Mimi Haleyi, a former production assistant, to perform oral sex on him in 2006, and with raping an unnamed woman in 2013. The charges followed civil suits and publicity about dozens of women accusing him of misusing his power in the movie industry to grope them.

Previously, the Manhattan district attorney’s office accused Weinstein of sexually assaulting a third woman, actress Lucia Evans, but those charges were dropped when evidence surfaced that Evans had told a friend their 2004 encounter was consensual.

Weinstein has denied engaging in nonconsensual sex with anyone. The next hearing in the case is March 8, and courthouse sources say that a trial date in May is likely.