Los Angeles judge dismisses one of 11 counts against Harvey Weinstein but allows prosecutors to amend it

By Paul Vercammen, CNN

A Los Angeles judge dropped one of 11 sexual assault charges against Harvey Weinstein on Thursday, though prosecutors will be able to amend it.

Weinstein’s attorneys had previously filed a motion to dismiss three of the 11 charges, saying the statute of limitations had expired.

Los Angeles Superior Court Judge Lisa Lench refused to dismiss two of the counts but told prosecutors to return to a grand jury to amend the third charge.

Weinstein pleaded not guilty to the 11 sexual assault charges last week, a day after he was moved to Los Angeles from New York, where he’s been serving a 23-year prison sentence since he was found guilty last year of first-degree criminal sexual act and third-degree rape.

The disgraced former movie producer entered court Thursday being pushed in a Los Angeles County jail wheelchair, wearing a blue medical mask and a prison jumpsuit.

After the hearing, the Weinstein legal team claimed a victory.

“Stick a fork in count five, it’s done,” said defense lawyer Mark Werksman, referring to count five of the indictment, a charge of sexual battery by restraint that prosecutors say Weinstein committed against a woman in May 2010.

Prosecutors, however, said they would amend count five.

The defense team asked the judge to not allow videos and photos of Weinstein in what they called a “rumpled” jail suit, saying it made him look guilty. But Lench denied the request to ban video and photos.

Weinstein is due back in court on September 13.

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CNN’s Dakin Andone contributed to this report.