Disgraced Hollywood producer Harvey Weinstein’s attempt to dodge two of the 11 sexual assault charges he faces in Los Angeles was dismissed today by a judge.
The lawyer for 69-year-old film mogul Alan Jackson argued that the two charges – one of rape and the other of forced oral intercourse both involving the same victim, Jane Doe # 4, dates back to September 2004 or 2005, and as a result, the statute of limitations expired in September 2015.
But Judge Lisa Lench quashed Jackson’s opposition – defiance, in layman’s terms – and allowed both charges to stand.
The judge supported Jackson’s objection to a third count – the sexual battery of victim Jane Doe # 3 in 2010 – after the attorney told the court that the prosecution’s record on that count accusation was “fatally flawed” and that the status of imitations was also exhausted. he.
Judge Lench did not dismiss the charge, but allowed the prosecution to file an amended indictment on this charge of sexual violence.
Harvey Weinstein is pictured in LA court on Thursday. The 69-year-old faces 11 more sex crimes. He is already serving 23 years in New York
The 69-year-old was wearing his reading glasses and a blue mask with his brown prison top. Judge said no one would know it was jail clothes, after Weinstein’s lawyers asked him if he could wear his own outfit
Weinstein showed no emotion or reaction to the judge’s ruling today as he sat in a wheelchair, handcuffed and wearing brown LA County Jail overalls and a blue mask.
His lead attorney, Mark Werksman, challenged the judge over the former Hollywood actor’s prison clothes that had the words “LA County Jail” on the back.
Werksman objected to stationary and video cameras being allowed to capture Weinstein in his prison duds, saying such footage would be “damaging.”
And he filed a motion asking Judge Lench to allow Weinstein to be released from shackles and “wear civilian clothes so that at least he can appear to be presumed innocent” before his trial.
The judge allowed Weinstein to appear handcuffed, but told Werksman, “I’m not going to grant the other part of the motion. “
‘Sir. Weinstein wears a brown top. You know it’s prison outfit, but I’m not sure anyone else is doing it.
Weinstein has repeatedly pleaded his innocence and attempted to get out of prison, citing his ill health as one of the reasons.
Weinstein had two attorneys present for the hearing Thursday. They tried to have three charges dismissed; the judge accepted two and gave the prosecution time to lay a demoted charge for the third
The judge – who also allowed the press to take photos and videos during today’s hearing in downtown LA Criminal Court – told Weinstein he was entitled to a speedy trial in within 60 days of his first appearance in LA court on July 21, but he could waive that right if he wished.
“Is that okay with you sir?” She asked him.
After speaking to his lawyers, he replied, “Yes, your honor,” waiving his right to a speedy trial. The next hearing will take place on September 13.
On July 20, Weinstein was extradited to LA from New York City, where he is serving a 23-year prison sentence after being convicted of raping an actress and sexually assaulting a production assistant.
Weinstein is pictured in 2016, the year before he was overthrown by the #MeToo scandal. He says his health deteriorated in prison
The day after arriving in Los Angeles, he appeared briefly in court where he pleaded not guilty to raping or sexually assaulting five women in Los Angeles and Beverly Hills between 2004 and 2013.
Most of the alleged crimes – which include four counts of forced rape, four of forced oral copulation, two of coercive sexual violence, and one of forcible sexual penetration – occurred at hotels in the Los Angeles area where Weinstein, based in New York, was staying during visits to Hollywood.
If found guilty, he is considering maximum prison terms totaling 140 years.
Meanwhile, the man who unwittingly helped spark the #MeToo movement maintains his innocence, insisting that all sexual activity was consensual.
At the July 21 hearing, attorney Werksman obtained a request for a medical evaluation from Weinstein, who was said to be suffering from spinal stenosis and was blind in one eye.
Weinstein’s New York attorneys used his health concerns as a reason to delay his extradition to LA for many months.
And outside of the July 21 hearing, women’s rights lawyer Gloria Allred – who represents one of Weinstein’s victims in New York City and two of his alleged victims in Los Angeles – scorned delaying tactics in a interview with DailyMail.com.
“I’m happy that day has come and I’m looking for a fair trial here in Los Angeles,” she said.
‘Sir. Weinstein and his defense have long delayed his extradition to Los Angeles, ”she said. But he eventually ran out of excuses.
“It is absurd that he claimed he had to stay in New York because he needed medical attention. We have excellent medical care here in LA.
“I think it’s important for him to be tried here in LA because some of his victims here haven’t had their time in court.
“Justice may have been delayed in Los Angeles, but it will not be denied. ”