One of 11 sexual assault charges against disgraced movie mogul Harvey Weinstein was dismissed on Thursday.
His attorneys attempted to get three of the claims tossed out because they were beyond the statute of limitations, but Judge Lisa Lench only agreed to throw out one charge, according to a report from Variety. Prosecutors are permitted to amend the indictment and refile.
The count that was dismissed is related to an incident at a Beverly Hills hotel room in May 2010. The charge of sexual battery by restraint was filed in April 2020, just within the 10 year deadline of local law.
Weinstein’s defense argued that when he was indicted on the same charge this year, that created a new case and new case number, meaning it was filed after the statute had expired.