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Los Angeles County prosecutors have obtained a new indictment against Harvey Weinstein in the hopes of reviving a charge that a judge threw out earlier this month, attorneys said.

Weinstein will appear in a downtown courtroom Monday to answer the indictment, which was handed down last week, according to his attorney, Mark Werksman.

The disgraced mogul was indicted on 11 counts of rape and forced oral copulation and other charges in April, but L.A. County Superior Court Judge Lisa Lench threw out one count of sexual battery against Weinstein last week, agreeing with a defense motion that the statute of limitations on the charge had run out.

The charge, which alleges Weinstein attacked a woman in 2010, was initially filed in October 2020, within the statute of limitations. But Lench granted the defense motion that the indictment created a new criminal proceeding and broke the statute.

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