An important pre-trial hearing in Harvey Weinstein's sexual assault case is poised to play out in secret after a judge ruled against news organisations fighting to keep the courtroom open.
Both the prosecution and defence asked that Friday's hearing, which will deal with trial strategy and potential witnesses, be held behind closed doors.
Manhattan state Supreme Court Justice James Burke said closing the courtroom to the press and public was "the only means available to avoid the tainting of the jury pool".
He said preserving the 67-year-old former movie mogul's right to a fair trial is paramount to the press' right of access to court proceedings, and that coverage of the hearing - which would deal with material that "is prejudicial to the defendant and is highly inflammatory" - would serve no purpose but to stir negative public sentiment towards the defendant.
Burke also denied media organisations' request to delay the hearing so they would have time to appeal. Their lawyers were asking an appeals court to halt the proceeding.
The ruling came after prosecutors said they wanted to protect Weinstein's right to a fair trial and shield the identities of women who've accused the disgraced movie mogul of wrongdoing.
Friday's hearing was expected to focus on some of the dozens of women who have accused Weinstein of sexual misconduct but whose allegations haven't led to criminal charges.
"We believe it is prudent" to close the court, Manhattan Assistant District Attorney Joan Illuzzi-Orbon said.
Weinstein's lawyers said news coverage could influence potential jurors.
"The court cannot be complicit with the press in denying the defendant's right to a fair trial," Weinstein lawyer Marianne Bertuna said.
Lawyers for the news organisations, including The Associated Press, argued the sides haven't met a high legal standard for banning the media and the public.
Weinstein's case is "a matter of immense and legitimate public interest", and the allegations against him are already widely known, said Robert Balin, a lawyer representing the news organisations.
The sides asking for the courtroom to be closed are suggesting that "somehow it is improper for the press and the public to be sitting here and report news in real time" even though that right is guaranteed by the Constitution, Balin argued.
A lawyer for Court TV and a reporter from New York Magazine also argued in favour of keeping the courtroom open.
Weinstein himself was mum as he arrived at court. Asked how he was doing, he just nodded.
He is charged with raping an unidentified female acquaintance in his Manhattan hotel room in 2013 and performing a forcible sex act on a different woman in 2006.
Weinstein has denied all allegations of nonconsensual sex. He pleaded not guilty and is free on $US1 million bail. His trial is scheduled to begin on June 3.
Friday's hearing will focus on a prosecution request to have some of his dozens of other accusers testify. Prosecutors want to show that Weinstein has had a history of violating women.
Suburban Philadelphia prosecutors used that strategy last year in convicting actor and comedian Bill Cosby at his sexual assault retrial near Philadelphia. Hearings pertaining to such witnesses in that case were not closed to the media or public.
Balin called closing the courtroom an "extreme remedy" and argued that as much as possible the hearing should be held in open court.
Australian Associated Press
