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US Judge Dismisses One Sexual Assault Charge Against Harvey Weinstein Over Technicality

© REUTERS / Etienne Laurent/PoolHarvey Weinstein, who was extradited from New York to Los Angeles to face sex-related charges, listens in court during a pre-trial hearing, in Los Angeles, California, U.S., July 29, 2021.
Harvey Weinstein, who was extradited from New York to Los Angeles to face sex-related charges, listens in court during a pre-trial hearing, in Los Angeles, California, U.S., July 29, 2021. - Sputnik International, 1920, 30.07.2021
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Disgraced Hollywood producer Harvey Weinstein was earlier extradited to Los Angeles, California, to face his second sexual assault trial. He was previously sentenced to 23 years in prison by a New York court in early 2020 after being found guilty of sexual assault and rape.
Convicted sex offender and disgraced movie mogul Harvey Weinstein was granted a slight win in a Los Angeles courtroom on Thursday after the presiding judge ruled in favor of dismissing one count of sexual assault against him.
US Judge Lisa Bench sided in favor of dropping one of the 11 counts of sexual assault against Weinstein after it was determined that the case exceeded the statute of limitations. Prosecutors were subsequently informed to amend the indictment and refile the documents, which they agreed to do.
Weinstein’s attorneys had also argued for the dismissal of two other charges on the same grounds, however, Bench disagreed and rejected their calls. Those charges dated back between 2004 and 2005.
Outside of the courtroom, Mark Werksman, who serves as one of Weinstein’s legal representatives, specified to reporters that “count 5 is dead,” according to Variety. He later remarked, “we’re off to a good start.”
© REUTERS / Etienne Laurent/PoolHarvey Weinstein, who was extradited from New York to Los Angeles to face sex-related charges, listens beside his attorney Mark Werksman in court during a pre-trial hearing, in Los Angeles, California, U.S., July 29, 2021.
Harvey Weinstein, who was extradited from New York to Los Angeles to face sex-related charges, listens beside his attorney Mark Werksman in court during a pre-trial hearing, in Los Angeles, California, U.S., July 29, 2021. - Sputnik International, 1920, 07.09.2021
Harvey Weinstein, who was extradited from New York to Los Angeles to face sex-related charges, listens beside his attorney Mark Werksman in court during a pre-trial hearing, in Los Angeles, California, U.S., July 29, 2021.
The count that was dismissed by Bench stemmed from an incident that reportedly unfolded at a Beverly Hills hotel room on May 11, 2010. 
Although charges regarding the 2010 incident were initially filed within the 10-year deadline in April 2020, prosecutors indicated that the charge was null and void, since the indictment filed against Weinstein in 2021 created an entirely new case on the alleged offense.
Variety reported that when prosecutors refiled the indictment later on Thursday, they did so with an explanation on count 5 that underscored their filing supersedes the original complaint, as it cites the same argument as the paperwork previously filed in April 2020. All 11 sexual assault charges remain in the new amended filing.
If convicted on all charges, Weinstein could spend the rest of his life in prison since the maximum combined sentence would amount to over 100 years in prison. Weinstein is presently 69 years of age.
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