On Tuesday, Judge Burke declined to deny Mr Weinstein bail after prosecutors alleged that he was a flight risk.
A NY trial judge on Thursday denied a motion by Harvey Weinstein's defense team to recuse himself from the case after vigorously scolding the Hollywood producer earlier this week and threatening to revoke his bail for using a cell phone in the courtroom.
"We write to seek recusal of your honor from this case based on the prejudicial and inflammatory comments made by the court to Mr. Weinstein yesterday morning, which received widespread press attention", Weinstein's lawyer Arthur Aidala wrote. Burke has not ruled on the request. "Is this really the way you want to end up in jail for the rest of your life, by texting and violating a court order?"
They further complained about the judge's refusal to allow a "cooling off period", following the announcement on Monday by prosecutors in Los Angeles that they were also charging Weinstein with rape and sexual assault.
Speaking of the potential jurors, who will be asked to fill out questionnaires, Burke added, "I'm going to give them just introductory instructions and admonitions about the case and ask them to come back tomorrow".
Weinstein, 67, has pleaded not guilty to charges of assaulting two women in NY, and faces life in prison if convicted on the most serious charge, predatory sexual assault. If convicted, he could be sentenced to life in prison.
The former studio boss behind such Oscar-winning movies such as Pulp Fiction and Shakespeare in Love has said any sexual activity was consensual.
On Monday, Los Angeles District Attorney Jackie Lacey announced charges against Weinstein of sexual assault of two unidentified women in 2013.
Burke has denied requests by Weinstein's legal team to move the trial out of the media glare of Manhattan or to delay the start given the challenges of finding impartial jurors. He has not entered a plea in that case, which will be tried later.
That challenge was demonstrated Thursday when Burke detected a stir after breaking the news to a new batch of prospective jurors that they were there for the Weinstein case. It also includes several people who were related to Weinstein over the course of the last few years. It is, however, not confirmed if Theron, Hayek and Perez will be called in for the final hearing from a list of 90 potential witnesses.
As Wednesday's group was assembling, Weinstein's lawyers took aim at one of his chief critics, trying to get prominent attorney Gloria Allred barred from the courtroom for the trial.
The defense is seeking a reassignment of the case to another judge.
"There is no time like the present to go forward", the judge said.
"Harvey Weinstein's defense appeared to want to interfere with my ability to represent my three clients who will be witnesses in his trial", Allred told reporters outside the courthouse.