Choose rejects intercourse assault rely in opposition to Harvey Weinstein
A Los Angeles choose on Thursday once more rejected one in every of 11 sexual assault counts in an indictment of Harvey Weinstein.
Choose Lisa B. Lench first dismissed the rely of sexual battery by restraint as too previous and outdoors the statute of limitations two weeks in the past, however allowed the district lawyer’s workplace to amend the allegation in opposition to the 69-year-old former film mogul and convicted rapist.
On Thursday, she discovered that neither of two makes an attempt at an amended criticism from prosecutors solved the issue, and rejected the rely once more.
HARVEY WEINSTEIN PLEADS GUILTY TO 11 SEXUAL ASSAULT CHARGES IN CALIFORNIA
Weinstein attended the listening to in LA County jail apparel. He was introduced into the courtroom shackled to a wheelchair, and was uncuffed because the proceedings started.
Lench gave prosecutors a glimmer of hope on the dismissed rely, saying that in the event that they reconvene the grand jury and get it to return a brand new indictment for it, she could settle for it. However she provided no particular directions.
“I can’t let you know what to do,” the choose stated.
The rejected rely dates to Could 2010. Weinstein was first charged with it in January 2020, earlier than the statute of limitations had expired. Prosecutors then acquired an indictment from a grand jury on an equivalent rely six months later, when the time had lapsed.
The choose agreed with Weinstein lawyer Alan Jackson that the grand jury indictment was a brand new prosecution, and due to this fact was coming too late.
“The individuals are greedy to attempt to save one thing that’s unsalvageable,” Jackson stated in courtroom. “They did it, they blew it, they’ll’t repair it.”
Prosecutors argued that it was a continuation of the identical case.
Whereas the rely is a small a part of the case, dismissing it removes one in every of 5 accusers from Weinstein’s forthcoming trial.
Nonetheless intact are 4 counts of rape and 6 different sexual assault counts. Weinstein pleaded not responsible to all of them final month 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.
Different costs in opposition to Weinstein are for even older incidents, however completely different statutes apply to them.
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The protection additionally revealed on the listening to that they’ve been given an inventory of 248 witnesses for the forthcoming trial, for which no date has been set.
Weinstein’s attorneys will search to reject a lot of them, and extra technical fights are prone to come as they try and erode the case in opposition to him.
“At this time’s an excellent instance of why we want judges with a spine,” Weinstein lawyer Mark Werksman stated outdoors courtroom, “and juries with a tricky backbone to face up in opposition to false accusations.”