The jury in Harvey Weinstein‘s rape trial in New York has deadlocked, prompting the judge to declare a mistrial.
After three days of deliberations, the jurors were unable to reach a verdict on a charge of third-degree rape for which Weinstein had been tried twice previously.
Judge Curtis Farber gave prosecutors 30 days to decide whether to try the case for a fourth time.
Weinstein, 74, has been incarcerated since his first rape conviction in 2020. He was convicted last June of sexually assaulting Miriam Haley, after the New York Court of Appeals overturned the original guilty verdict. That jury could not reach a verdict on a charge of third-degree rape of Jessica Mann, an aspiring actress, forcing prosecutors to try the count for a third time.
Farber has held off on sentencing Weinstein until the remaining count is resolved. He could face as much as 25 years in prison on the Haley count alone. Weinstein was also sentenced in 2023 to 16 years in prison after being convicted of rape in Los Angeles. That verdict is on appeal.
Mann testified for five days in this trial, recounting the same allegations she told two previous juries. She alleged that Weinstein forced her to have sex at a Manhattan hotel room in March 2013. The defense argued that Mann chose to be in a relationship with Weinstein, highlighting friendly notes she sent to the producer, saying things like “Miss you, big guy,” and “Appreciate all you do for me.”
Mann issued a statement on Friday, saying that the mistrial does not detract from the truth of her testimony.
“I chose to testify in three trials because I am telling the truth,” she said. “For years I have had to relive some of the hardest moments of my life while facing attempts to shame, humiliate and discredit me in open court. I submitted myself to the highest standards, transparency, and accountability in coming forward through the justice system — choosing integrity even when the process flayed me open. The power of predators remains too great. I deserve justice, which is why I stand up and face unbearable public scrutiny in the name of a greater good — a world where predators are not in power.”
Weinstein’s spokesman also put out a statement, saying that the outcome shows there is “significant reasonable doubt here” despite the “prejudice” surrounding Weinstein in society.
“For some people, regardless of the evidence presented, saying ‘not guilty’ has become emotionally or socially impossible,” his spokesperson said. “The Manhattan District Attorney’s Office should stop retrying the same case and focus its time and resources the actual violent crime, chaos and public safety issues impacting New Yorkers every day.”
At the trial last year, Weinstein was acquitted of sexually assaulting yet another woman, Kaja Sokola.
In the Los Angeles case, Weinstein was convicted of raping an Italian model during a film festival in February 2013. Weinstein’s attorneys have denied that encounter ever took place, and have argued that the trial judge improperly withheld evidence that would have bolstered his alibi.
