The judge in Harvey Weinstein‘s sex crimes retrial declared a mistrial on the rape charge after the jury foreperson refused to continue deliberations following an alleged threat by another juror.
The majority-female jury could not reach a unanimous verdict on the count of third-degree rape involving Jessica Mann. The jury had previously delivered its verdict on the two other charges against Weinstein: he was convicted Wednesday of committing a criminal sexual act against Miriam Haley but acquitted of sexually assaulting Kaja Sokola.
After informing the jurors that he is putting an end to their deliberations and dismissing them, Judge Curtis Farber said they were “extremely disappointed.”
“They don’t understand why the foreperson bowed out,” Farber told the attorneys inside the courtroom, adding that the other jurors were “hopeful” they would reach a verdict on the final count.
Prosecutors said in court that they are willing to retry Weinstein on the rape charge, which is punishable by up to four years.
In a written statement shared with Variety, Mann said, “I will never give up on myself and making sure my voice – and the truth – is heard. I have told the District Attorney I am ready, willing and able to endure this as many times as it takes for justice and accountability to be served. Today is not the end of my fight.”
The mistrial on Weinstein’s remaining charge comes after a weeks-long trial that began in April, during which three women testified about the alleged sexual assaults committed by the former Hollywood producer. Weinstein faced two counts of committing a criminal sexual act in the first degree and one count of third-degree rape.
Love Film & TV?
Get your daily dose of everything happening in music, film and TV in Australia and abroad.
After the partial verdict was read on Wednesday, the jury foreperson in Weinstein’s retrial revealed that the jury had reached a unanimous verdict on the charges related to Haley and Sokola on Friday of last week. Tensions remained high, though, among the jurors while they deliberated on the third-degree rape count.
The foreperson had spoken privately with Judge Farber and the attorneys about the situation earlier on Wednesday. Back in the courtroom, Farber summarized what was discussed during the private meeting, saying that the foreperson was “not going to change his position — whatever that position is.”
“He did indicate that at least one other juror made comments to the effect of ‘I’ll meet you outside one day,’ and there’s yelling and screaming,” the judge said.
Weinstein was found guilty of sexually abusing Haley and Mann in his 2020 New York trial. He was serving a 23-year sentence until those convictions were overturned in April 2024. Weinstein pleaded not guilty to all charges in his retrial; both Haley and Mann testified against him again.
In their testimonies, Haley alleged that Weinstein forcibly sexually assaulted her at his apartment in 2006, while Mann accused him of raping her at a hotel in 2013.
Sokola, who did not testify in Weinstein’s 2020 trial, was first identified by the prosecution during opening arguments in late April. In her testimony, Sokola described two alleged sexual assaults by Weinstein: one in 2002, when she was 16, and another in a Manhattan hotel in 2006 — the latter being the incident for which Weinstein was charged in the retrial.
Outside the courthouse, Weinstein’s lawyer Arthur Aidala told reporters that the single conviction in the retrial “will be appealed to the level as his last conviction was — which was overturned.”
“We have very powerful evidence that there was gross juror misconduct at this trial,” Aidala said.
Weinstein faces up to 25 years in prison after being convicted of the charge related to Haley. He is still serving a separate 16-year prison sentence following his 2022 rape conviction in Los Angeles.
From Variety US