Harvey Weinstein gets sex crime charge dismissed again – .

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Harvey Weinstein gets sex crime charge dismissed again – .


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LOS ANGELES – Lawyers for Harvey Weinstein were once again successful Thursday in persuading a Los Angeles judge to dismiss a sexual assault charge on the grounds that it fell outside the statute of limitations.

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Weinstein still faces 10 counts of rape and sexual assault, involving four women and dating from 2004 to 2013. The disgraced producer was extradited last month from New York, where he was serving a 23-year sentence . His trial in Los Angeles is expected to begin next year.

At Thursday’s hearing, lawyers discussed the number of “bad past acts” witnesses who could be called to testify. These witnesses can be useful to the prosecution to support the victims’ allegations.

The prosecution told the defense that up to 30 of these women could testify. But ahead of the hearing, prosecutor Paul Thompson said he was likely to ask the court to approve 10 to 12 witnesses. The defense should argue that none of the women should be allowed to testify.

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At Weinstein’s trial in New York, three of those witnesses testified and told the court that Weinstein raped or sexually assaulted them. Their testimony helped substantiate the claims of the two main victims in the case. The use of such witnesses can be controversial and has been the subject of appeals in the Weinstein case in New York and in the Bill Cosby case in Pennsylvania.

The charge that was dismissed dates back to May 11, 2010, when Weinstein allegedly assaulted a woman in a Beverly Hills hotel room. Prosecutors first charged Weinstein with the crime in April 2020 – that is, just within the 10-year statute of limitations. But the defense argued that the ensuing indictment, which was unsealed last month, came after the statute expired.

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Judge Lisa B. Lench dismissed the charge on July 29, but allowed prosecutors to change it and resubmit it.

The prosecution did so, arguing that the indictment simply replaced the original complaint and did not create a new prosecution. After lengthy argument on Thursday, Lench again granted the defense motion to dismiss the charge. Lench ruled that the prosecution failed to present the facts to the grand jury showing that the 10-year limitation period had not expired.

The prosecution could summon the grand jury again and present such facts, although it was not clear Thursday morning whether it would.

Defense attorney Alan Jackson argued that the prosecution would not be able to save the charge.

“This account is going and it will never come back,” he said outside the court. “It’s gone forever. “

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