Disgraced movie mogul and convicted sex offender Harvey Weinstein achieved a small win in Los Angeles court on Thursday when a judge agreed to dismiss one of the sexual assault charges against him.
As NBC News reports, Judge Lisa B. Lench agreed to dismiss one charge on the grounds that it had surpassed the statute for limitations. However, Lench has given prosecutors the opportunity to amend the indictment against Weinstein and refile it.
Deputy District Attorney Paul Thompson said that prosecutors would indeed refile the charge later Thursday, NBC reports.
Lench sided with prosecutors on two other charges that Weinstein's lawyers had argued should be dismissed, disagreeing with their argument that the statute of limitations had been passed on those.
Weinstein's attorneys cheered the action outside the courthouse, NBC reports, making note that one of the five accusers has been dismissed.
“Count 5 is dead,” attorney Mark Werksman said. “We’re off to a good start.”
Weinstein was extradited to California last week from New York, where he is serving a 23-year sentence, to face additional charges of sexual assault.
He has pleaded not guilty to all 11 new counts in the Los Angeles trial, which was delayed due to the coronavirus pandemic.
NBC reports that Weinstein was wheeled into court Thursday while wearing a mask and did not speak, apart from agreeing to the next court date on Sept. 13.
His lawyers say he requires a hospital-like setting due to an array of ailments.