Affirming a July 29 ruling, Los Angeles Superior Court Judge Lisa B. Lench this morning rejected an attempt by the DA’s office to re-argue the case.
Pursuant to a motion brought forward by lawyers for the disgraced producer last month, Lench agreed that prosecutors had failed to effectively brief a grand jury that the March 11, 2010 attack on a Beverly Hills hotel was now outside of the 10-year period of statute limitations on these crimes.
In fact, the DA’s office initially pinned the case on Weinstein in the spring of 2020, which was in accordance with the law. However, because an April 2021 indictment against Weinstein replaced the previous charges, this particular claim now exceeds the required ten-year period.
Harvey Weinstein attorneys ask judge to order LA grand jury transcripts and exhibits sealed
The victory for Weinstein, who pleaded not guilty to the LA charges, comes less than a month after the once-feared mogul was finally extradited from New York state to face charges and a trial here in the City of Angels. Even with this now-abandoned sex-specific battery charge, Weinstein faces 10 more allegations of sex crimes, including rape.
No trial date has been set in the case, but one could be at a hearing in September.
The prosecutor’s office declined to comment on today’s decision, while Weinstein’s camp clearly did not decline to comment.
“We are happy that the judge agreed that one of the alleged charges was prohibited by the Limitations Act,” a representative for Weinstein told Deadline after today’s hearing. “He stays rejected and he should never have been brought in in the first place. We consider this to be a partial victory, but please be aware that there is still some way to go. Harvey remains optimistic and hopeful.
Running from 2004 to 2013, the now unsealed charges could see Los Angeles District Attorney George Gascón’s office doing what the Manhattan District Attorney did in his successful lawsuits against Weinstein and causing other victims of the producers to act like what are called “previous bad acts”. witnesses. Defense attorneys Mark Werksman and Alan Jackson, who argued in the Los Angeles courtroom today, have made it clear that they plan to challenge such an attempt by prosecutors.
Prior to today, Weinstein faced four counts of rape, four counts of forced oral copulation, one count of sexual penetration by use of force, plus two counts of coercive sexual assault and sexual assault in incidents involving five women in LA County over a nine-year period. period of one year. Now that’s one count less, although there is a slim but unlikely chance that prosecutors could return to the grand jury on the dismissed sexual assault count.
Since being airlifted to Los Angeles on July 20 from his residence at Wende Correctional Facility near Buffalo, New York, convicted sex offender Weinstein has been held without bail in the jail. of the downtown Twin Towers. The time he is locked up there goes towards the 23-year sentence he received in March 2020 after being convicted of two sex crime charges in New York City.
In April, the sick 69-year-old Weinstein filed his long-awaited appeal in the New York case. The office of retired DA Cyrus Vance Jr has yet to file a response to this appeal.