Disgraced Hollywood producer Harvey Weinstein’s attempt to evade two of the 11 sexual assault charges he has received in Los Angeles was dismissed by a judge today.
The attorney for the 69-year-old movie mogul, Alan Jackson, argued that the two counts – one of rape and the other of forced oral copulation, both with the same victim, Jane Doe #4, are dated September 2004 or 2005, and consequently, the statute of limitations expired on them in September 2015.
But Judge Lisa Lench dismissed Jackson’s objection — challenge, in layman’s terms — and let the two charges stand.
The judge upheld Jackson’s objection on a third count — sexual battery of victim Jane Doe #3 in 2010 — after the attorney told the court that the plaintiff’s case is “fatally flawed” in this count and the statute of impersonations has also run out ended it.
Judge Lench did not dismiss the charges, but authorized the prosecution to file an amended charge against that sexual battery charge.
Harvey Weinstein was pictured in LA court on Thursday. The 69-year-old faces 11 additional sex crimes. He has served in New York for 23 years
The 69-year-old wore his reading glasses and a blue face mask with his brown prison top. The judge said no one would know they were prison clothes after Weinstein’s lawyers asked if he could wear his own outfit.
Weinstein showed no emotion or reaction to the judge’s decision today as he sat in a wheelchair, uncuffed and wearing a brown LA County Jail coverall and a blue mask.
His lead attorney, Mark Werksman, disagreed with the judge over the former Hollywood big-shot’s jail clothes that had the words “LA County Jail” on the back.
Werksman objected to allowing photos and video cameras to capture Weinstein in his duds, saying such photos would be “harmful.”
And he filed a motion asking Judge Lench to unleash Weinstein and “wear civilian clothes so he can at least look like he’s presumed innocent” before his trial.
The judge allowed Weinstein to appear uncuffed, but told Werksman, “I’m not going to grant the other part of the motion.
‘Mr. Weinstein wears a brown top. You know it’s prison clothes, but I don’t know if anyone else knows.’
Weinstein has repeatedly pleaded his innocence and tried to get out of prison, citing his ailing health as one of the reasons.
Weinstein had two lawyers present for the hearing on Thursday. They tried to throw out three charges; the judge upheld two and gave the accuser time to file a reduced charge for the third
The judge — who also authorized the press to take photos and video during today’s hearing at the criminal court in downtown LA — told Weinstein he was entitled to a speedy trial within 60 days of his first appearance in court. in LA on July 21, but he could waive that right if he wanted to.
“Do you agree, sir?” she asked him.
After consulting his lawyers, he replied, “Yes, Your Honor,” and waived his right to a speedy trial. The next session is on September 13.
On July 20, Weinstein was extradited to LA from New York, where he is serving a 23-year sentence after being convicted of raping an actress and sexually abusing a production assistant.
Weinstein is pictured in 2016, the year before he was toppled by the #MeToo scandal. He says his health has deteriorated in prison
The day after arriving in LA, he briefly appeared in court where he pleaded not guilty to raping or sexually abusing five women in Los Angeles and Beverly Hills between 2004 and 2013.
Most of the alleged crimes — including four forcible rape, four for forced oral copulation, two for restraint sex, and one for sexual penetration through use of force — took place in hotels near LA, where the New York Times reported. York-based Weinstein stayed during visits to Hollywood.
If convicted, he is looking at maximum prison terms totaling 140 years.
Meanwhile, the man who unknowingly started the #MeToo movement maintains his innocence and insists any sexual activity was consensual.
During the July 21 hearing, attorney Werksman received a request for a medical evaluation from Weinstein, who reportedly suffers from spinal stenosis and is blind in one eye.
Weinstein’s lawyers in New York used his medical ailments as a reason to delay his extradition to LA for months.
And outside of the July 21 hearing, women’s rights attorney Gloria Allred — who represents one of Weinstein’s victims in New York and two of his alleged victims in LA — despised the delaying tactics in an interview with DailyMail.com.
“I’m glad this day has come and I’m looking for a fair trial here in Los Angeles,” she said.
‘Mr. Weinstein and his defense have long delayed his extradition to Los Angeles,” she said. But in the end he had no more excuses.
“It’s absurd that he claimed he had to stay in New York because he needed medical care. We have excellent medical care here in LA.
“I think it’s important for him to stand trial here in LA because some of his victims here haven’t had their day in court.
“The court may have been delayed in Los Angeles, but it won’t be denied.”