Harvey Weinstein Wins Dismissal of One Sexual Assault Charge in Los Angeles – The Hollywood Reporter

A Los Angeles decide on Thursday dismissed considered one of 11 sexual assault counts towards Harvey Weinstein, giving the previous film mogul and convicted rapist a minor and presumably non permanent victory.

At a listening to with the 69-year-old Weinstein within the courtroom, Decide Lisa B. Lench agreed together with his protection attorneys {that a} rely alleging sexual battery by restraint in Could of 2010 was too outdated, and outdoors the statute of limitations.

However she gave the prosecution permission to refile the cost in a approach which may be allowable, establishing an ongoing combat.

Weinstein pleaded not responsible to 4 counts of rape and 7 different sexual assault counts final week in his first courtroom look within the California case. He was extradited from New York, the place he’s serving a 23-year sentence for convictions of rape and sexual assault.

In Los Angeles, Weinstein was first charged with the now-dismissed rely in January of 2020, earlier than the statute of limitations had expired. Prosecutors then received an indictment from a grand jury on an similar rely six months later, when the time had lapsed.

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

“Nobody pressured the prosecution to go to the grand jury,” Weinstein legal professional Alan Jackson stated in courtroom. “They selected to enter a brand new case.”

Prosecutors argued that it was a continuation of the identical case and must be thought-about what’s usually referred to as a superseding indictment.

Different fees towards Weinstein are for even older incidents, however totally different statutes apply to them.

Exterior courtroom, the protection touted the ruling as a major victory, mentioning that it removes one of many 5 girls concerned within the 11 counts.

“Twenty p.c of the district attorneys case has simply been thrown out,” Weinstein legal professional Mark Werksman stated.

Not one of the girls have been recognized.

The decide sided with the prosecution on two different counts that she refused to dismiss, rejecting protection arguments these incidents have been additionally too outdated.

No trial date has been set for Weinstein. Extra technical fights are more likely to come earlier than it begins as his legal professionals search to erode the case towards him. They’ve stated the fees are all baseless, outdated and uncorroborated.

Weinstein was introduced into courtroom in a wheelchair carrying brown county jail apparel. A bailiff unshackled him from the chair and put him subsequent to his attorneys.

The legal professionals argued that Weinstein must be allowed to alter right into a swimsuit for this and related proceedings, a transfer that’s commonplace for a jury trial however much less frequent for pretrial hearings.

Werksman referred to as the jail garments a “mark of Cain” that branded his shopper a prison in pictures and video from the courtroom.

The decide rejected the argument, suggesting the garb wasn’t so unhealthy.

“Mr. Weinstein is carrying a brown prime,” Lench stated. “You already know it’s jail apparel, however I’m undecided all people is aware of it’s jail apparel.”

https://www.hollywoodreporter.com/information/general-news/harvey-weinstein-wins-dismissal-sexual-assault-charge-1234990400/ | Harvey Weinstein Wins Dismissal of One Sexual Assault Cost in Los Angeles – The Hollywood Reporter

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