Harvey Weinstein's LA trial loses supporting witness

Harvey Weinstein will face one fewer witness at his trial in Los Angeles in October, a judge ruled Wednesday.

Prosecutors previously won the right to call five witnesses to 'prior wrongdoing' to testify against the disgraced producer, in support of five other women whose claims form the basis of the charges in the case .

But one of those witnesses, known in court only as "Miss I." – has since decided that she does not want to testify. On Wednesday, prosecutors asked the court for permission to replace her with another witness. But Judge Lisa Lench denied that request, saying the woman's testimony would be too similar to the accounts of other witnesses.

Weinstein, 70, faces 11 counts of rape and sexual assault involving the five alleged victims. He is already serving a 23-year sentence after being convicted in New York of rape and sexual assault in February 2020.

One of four supporting witnesses is Ambra Battilana Gutierrez, the Italian model and actress who first reported Weinstein to the New York Police Department in 2015. She alleged Weinstein groped her and had tried to put his hand under her skirt.

The Manhattan District Attorney's Office chose not to prosecute Weinstein over the incident, which drew widespread criticism after the Weinstein scandal finally broke two years later. The Los Angeles trial will be his first opportunity to testify about the incident.

Prosecutors had also hoped to call "Lauren S." — a reference to Lauren Sivan — who alleged Weinstein masturbated in front of her at a New York restaurant. But Lench decided on Wednesday that his testimony would closely parallel the allegations of three other accusers, and would therefore be redundant.

The judge denied a request by Weinstein's attorneys to hold a preliminary hearing with testimony from each of the "prior wrongdoing" witnesses - none of whom testified before the grand jury. The judge also denied a defense request regarding communications between witnesses and law enforcement, saying the prosecution was under no legal obligation to turn over such material.

Weinstein is due back in court on August 29. The trial is due to begin on October 10.

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