LOS ANGELES (AP) — The judge at the Los Angeles trial of Harvey Weinstein dropped four of the 11 sexual assault charges against the movie mogul Tuesday after prosecutors said they would not proceed with the counts involving one of his accusers.

Superior Court Judge Lisa Lench dismissed two counts of forcible rape and two counts of forcible oral copulation against the 70-year-old Weinstein.

The move had appeared likely since the trial’s opening statements three weeks ago, when prosecutors during opening statements only mentioned four women Weinstein was charged with assaulting, leaving out the accuser identified in an indictment as Jane Doe #5.

The prosecutors at first kept the charges in place and left open the possibility that the woman would testify, while Weinstein’s defense had sought a definitive decision on the issue.

The Los Angeles County District Attorney’s Office has not provided an explanation for why they opted to leave the woman out of the trial.

The remaining charges against Weinstein, who is serving a 23-year sentence for a conviction in New York, are two counts of rape and five other sexual assault counts.

He has pleaded not guilty and has said he didn’t engage in non-consensual sex.