One of 11 sexual assault charges against disgraced movie mogul Harvey Weinstein was dismissed on Thursday.
His lawyers tried to have three of the claims thrown out for exceeding the statute of limitations, but Judge Lisa Lench only agreed to file one charge, according to a report by Variety. Prosecutors may amend and resubmit the indictment.
The count that was dismissed relates to an incident in a Beverly Hills hotel room in May 2010. The sexual assault charge by coercion was filed in April 2020, just within the 10-year term of local law.
Weinstein’s defense argued that when he was indicted on the same charges this year, that created a new case and case number, meaning it was filed after the statute expired.
Deputy District Attorney Paul Thompson argued that the language of the two documents was identical, so the indictment was not a new case. Rather, it simply replaced the original complaint.
Lench said the count had to be dismissed as there was no record as to why the statute had not expired. Thompson said he would amend the charges to include and resubmit that claim.
Weinstein was extradited from New York to California on July 20, where he has been serving a 23-year sentence for sex offenses since 2020.
The 69-year-old had been charged in Los Angeles with rape, sex acts and other crimes related to five incidents that allegedly took place in the city between 2004 and 2013. He has pleaded not guilty to the charges.
Weinstein is expected to appear in court again on September 13.
Read Variety’s full report.