Disgraced Hollywood mogul Harvey Weinstein (pictured February 2020) is in prison in northern New York state after being sentenced to 23 years in jail for rape and sexual assault
Disgraced Hollywood mogul Harvey Weinstein (pictured February 2020) is in prison in northern New York state after being sentenced to 23 years in jail for rape and sexual assault

Hollywood producer Harvey Weinstein pleaded not guilty Monday in Los Angeles to a reinstated sexual assault charge that had been tossed out due to statute of limitations.

Judge Lisa Lench in August had dismissed one of the 11 charges against Weinstein, who is being held in a Los Angeles jail cell and serving part of a 23-year sentence in New York from March 2020, after his attorney had successfully argued for a statute of limitations on a sexual battery charge. A grand jury amended the indictment to include an incident from 2010 that involved one accuser.

Prosecutors said Monday that they want to admit sealed evidence of other alleged sexual misconduct.

Weinstein had entered not guilty pleas on all 11 sexual assault charges in July. He had been extradited to Los Angeles from New York. In May 2018, Weinstein was arrested and charged with rape in New York and in February 2020 was found guilty of two of five felonies.

Weinstein was wheeled into court on Monday wearing a brown prison jumpsuit and a mask. He spoke briefly, agreeing to waive trial deadlines and that his trial could be pushed out as far as April 2022.

Prosecutors filed a motion asking the court to allow several of Weinstein’s victims to testify at trial in support of the five unnamed women whose claims pertain to the 11 counts. Weinstein’s attorney, Mark Werksman, complained that the district attorney's office is "opening up a water cannon of allegations against Mr. Weinstein through numerous uncharged alleged victims."

“We intend to challenge the contents of this indictment, as well as an effort by the prosecution to introduce evidence of other uncharged alleged victims in this case,” Werksman told reporters.

"They’re trying to throw everything, including the kitchen sink, at him, and we’re trying to limit the evidence that’s presented so that it’s fair so that it’s admissible and so that Mr. Weinstein can get a fair trial, but that’s a challenge,” Werksman added.

Werksman filed a motion to dismiss the entire case, claiming the prosecution relied on faulty testimony and failed to present sufficient evidence to the jury.

The hearing is set for Dec. 8.