“We believe that any last ditch effort to recharge the defendant will prove futile, because as the DA well knows, it is unconstitutional to charge this defendant with a 25-year old alleged crime that predates the enactment of the statute and is time-barred,” she wrote. “The judge did not have to reach these issues because the DA had illegally charged the defendant with this crime in a bill of particulars.
Weinstein is facing five charges of sexual assault and rape. He has pleaded not guilty; previously, he denied all allegations of nonconsensual acts when more than 80 women came forward to accuse him of sexual misconduct. His Manhattan trial will begin on September 9.
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