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Harvey Weinstein Gets 1 of 11 Sexual Assault Charges Dismissed in LA Trial

Count 5 was dismissed on the grounds that it fell outside the statute of limitations

Harvey Weinstein’s lawyers successfully dismissed one of 11 sexual assault charges that the former producer faces in his Los Angeles trial, with a judge ruling that it fell outside the statute of limitations.

Back in July, TheWrap reported that a judge rejected Weinstein’s bid to dismiss two of the charges against him but that a third count of sexual battery by restraint, or Count 5, would need to be amended. The prosecution did amend the charge, but a rep for the Los Angeles County District Attorney’s office told TheWrap that Count 5 was now dismissed by the judge.

“Mr. Weinstein faces very serious charges. Ten of the 11 counts stand. We are taking appropriate steps so that justice prevails in this case,” Alex Bastian, special advisor to the Los Angeles County DA, said in a statement to TheWrap.

Weinstein earlier in July pleaded not guilty to 11 charges of rape and sexual assault after being extradited to Los Angeles. The charges are connected to rape and assault allegations from five women, with the reported incidents taking place between 2004 and 2013. Count 5 in particular stems from an accusation from May 11, 2010, in which Weinstein was accused of assaulting a woman in a Beverly Hills hotel room.

Weinstein is being held without bail in the Twin Towers jail in downtown Los Angeles.

Before his extradition to Los Angeles, he was previously convicted of rape and sexual assault of two women in New York and sentenced to 23 years in prison.

Weinstein was first charged by previous L.A. District Attorney Jackie Lacey in January 2020 during the early stages of Weinstein’s New York trial. The Los Angeles trial was delayed by the COVID-19 pandemic, which has created a backlog of cases for the courts. Weinstein’s attorneys also sought to delay the trial by arguing that the producer could not be extradited to Los Angeles due to his failing eyesight and other health concerns.

If convicted, he could face a maximum of 140 years in prison, though he will be sent back to New York to serve the remainder of his sentence there following the Los Angeles trial. Defense attorneys have appealed the New York ruling, arguing that Weinstein was denied the right to a fair trial due to faulty rulings from the judge.