Judge Lisa Lench, however, told prosecutors to return to a grand jury to amend a third charge of sexual battery by restraint, which the defense challenged on the same grounds. Weinstein also is facing eight other sex-related charges.
Weinstein, who is being held without bail in the Twin Towers jail downtown, was at the Foltz Criminal Justice Center for today’s hearing. His attorneys claimed a victory afterward.
“You can put a fork in Count 5 — it’s done,” one of Weinstein’s attorneys, Mark Werksman, told reporters outside the courtroom. “One-fifth of the prosecution’s case has been gutted.” He added that the defense believes there is no factual basis to allow that felony