Former film producer Harvey Weinstein listens in court during a pre-trial hearing for Weinstein, who was extradited from New York to Los Angeles to face sex-related charges in Los Angeles, California, on July 29, 2021.
Etienne Laurent | AFP | Getty Images
One of 11 sexual assault charges against disgraced movie mogul Harvey Weinstein was dismissed on Thursday.
His attorneys attempted to get three of the claims tossed out because they were beyond the statute of limitations, but Judge Lisa Lench only agreed to throw out one charge, according to a report from Variety. Prosecutors are permitted to amend the indictment and refile.
The count that was dismissed is related to an incident at a Beverly Hills hotel room in May 2010. The charge of sexual battery by restraint was filed in April 2020, just within the 10 year deadline of local law.
Weinstein’s defense argued that when he was indicted on the same charge this year, that created a new case and new case number, meaning it was filed after the statute had expired.
Deputy District Attorney Paul Thompson argued that the language of the two documents were identical and, therefore, the indictment was not a new case, it just superseded the original complaint.
Judge Lench said the count had to be dismissed because there was no notation indicating why the statute had not expired. Thompson said he would amend the indictment to include that claim and refile.
Weinstein was extradited to California on July 20 from New York where he has been serving a 23-year prison sentence for sex offenses since 2020.
The 69-year-old had been charged in Los Angeles with rape, sexual battery and other crimes in connection with five incidents that allegedly occurred between 2004 and 2013 in the city. He has pleaded not guilty to the charges.
Weinstein is expected to appear in court again on Sept. 13.
