1 sexual assault count dismissed, for now

LOS ANGELES (AP) — A Los Angeles judge on Thursday dismissed one of 11 sexual assault counts from Harvey Weinstein, offering the former motion picture mogul and convicted rapist a minimal and perhaps momentary victory. 

What You Have to have To Know

  • Judge Lisa Lench agreed with his defense lawyers Thursday that a rely alleging sexual battery by restraint in 2010 was far too previous, and outside the statute of restrictions.
  • But she said the prosecution could refile the charge in a different way
  • The 69-calendar year-outdated Weinstein was in the courtroom for the listening to
  • He pleaded not responsible to all 11 counts in his initial California court docket look final 7 days

At a listening to with the 69-calendar year-aged Weinstein in the courtroom, Judge Lisa B. Lench agreed with his defense lawyers that a depend alleging sexual battery by restraint in May well of 2010 was far too old, and outside the statute of limits.

But she gave the prosecution authorization to refile the cost in a way that may be allowable, placing up an ongoing struggle.

Weinstein pleaded not responsible to 4 counts of rape and seven other sexual assault counts past 7 days in his to start with courtroom look in the California situation. He was extradited from New York, where by he is serving a 23-calendar year sentence for convictions of rape and sexual assault.

In Los Angeles, Weinstein was initially billed with the now-dismissed depend in January of 2020, before the statute of limitations had expired. Prosecutors then got an indictment from a grand jury on an equivalent count 6 months afterwards, when the time experienced lapsed.

Weinstein’s legal professionals efficiently argued at Thursday’s listening to that the grand jury indictment counted as a new situation, creating the cost “fatally flawed.”

“No a single pressured the prosecution to go to the grand jury,” Weinstein lawyer Alan Jackson stated in court docket. “They chose to enter a new scenario.”

Prosecutors argued that it was a continuation of the exact same situation and ought to be viewed as what is frequently referred to as a superseding indictment.

Other prices from Weinstein are for even more mature incidents, but various statutes implement to them.

Exterior courtroom, the defense touted the ruling as a significant victory, pointing out that it gets rid of one particular of the five women concerned in the 11 counts.

“Twenty per cent of the district attorneys situation has just been thrown out,” Weinstein attorney Mark Werksman stated.

None of the girls have been determined.

The judge sided with the prosecution on two other counts that she refused to dismiss, rejecting defense arguments people incidents had been also way too previous.

No demo day has been set for Weinstein. Far more technical fights are probably to appear just before it starts as his attorneys request to erode the situation from him. They have claimed the rates are all baseless, aged and uncorroborated.

Weinstein was brought into court in a wheelchair carrying brown county jail attire. A bailiff unshackled him from the chair and place him next to his lawyers.

The attorneys argued that Weinstein should be allowed to change into a match for this and comparable proceedings, a go that is standard for a jury demo but less popular for pre-trial hearings.

Werksman termed the jail apparel a “mark of Cain” that branded his customer a criminal in pics and video from the courtroom.

The judge rejected the argument, suggesting the garb wasn’t so negative.

“Mr. Weinstein is donning a brown prime,” Lench claimed. “You know it really is jail attire, but I am not confident everybody is familiar with it truly is jail attire.”