A judge has declared a mistrial in the rape case against Harvey Weinstein, after the jury in New York said it was deadlocked and unable to reach a verdict. It marks the third time a New York jury has considered the case against the 74-year-old disgraced film mogul, who remains jailed on other charges.
The month-long trial was centred around whether Weinstein raped aspiring actress Jessica Mann in a hotel room more than a decade ago. He was initially convicted of raping her, before the verdict was overturned. A judge declared a mistrial after a second trial last year.
Dozens of women have come forward with allegations of sexual misconduct, including rape, against Weinstein since October 2017. He has consistently denied wrongdoing.
Manhattan District Attorney Alvin Bragg said in a statement that prosecutors are currently determining whether to try again in court.
“While we are disappointed that the proceedings ended with a mistrial, we deeply respect the jury system and sincerely thank all of the jurors for their time and dedication,” he said.
He thanked Mann for bringing her allegation against Weinstein, adding: “We will consider our next steps in consultation with Ms Mann, and in consideration of Harvey Weinstein’s pending sentencing” in a separate sexual assault case.
“As always, we will continue to prosecute crimes of sexual violence – no matter who the defendant is – in a survivor-centered manner that uplifts their voices in the pursuit of justice.”
Lawyers for Weinstein said the outcome shows “how deeply public perception and prejudice surrounding Harvey Weinstein have become embedded in society”.
“For some people, regardless of the evidence presented, saying ‘not guilty’ has become emotionally or socially impossible,” they argued.
“The Manhattan District Attorney’s Office should stop retrying the same case and focus its time and resources on the actual violent crime, chaos, and public safety issues impacting New Yorkers every day,” the statement from his lawyers continued.
The decision on Friday by the majority-male jury in Manhattan came on the third day of deliberations.
On Friday morning, the jury passed the judge a note saying they “have concluded that they cannot reach” a unanimous verdict. The judge then ordered them to continue deliberating before later declaring a mistrial, saying it was “quite clear,” that they were “hopelessly deadlocked”.
“I see no reason to go any further,” said Judge Curtis Farber as he thanked and dismissed the jury.
Weinstein, who was seated in a wheelchair during the trial, showed no facial expression as court officers wheeled him out of the room after the mistrial was declared.
Speaking to reporters outside the court, one juror said that nine people on the jury wanted to acquit Weinstein, while three wanted to convict him, according to the Associated Press.
This marks the third rape prosecution against Weinstein in New York.
An appeals court in 2024 overturned Weinstein’s conviction for sex crimes in New York, finding he did not receive a fair trial in 2020 because a judge allowed testimony from women who made allegations against him beyond the charges at hand.
Weinstein was then indicted on new sexual assault charges in the state.
A second trial took place last year, but the judge ordered a new trial after the jury was deadlocked on the rape count.
The first trial was based on the testimony of three women – former television production assistant Miriam Haley, actress Jessica Mann, and model Kaja Sokola. All three accused Weinstein of using his power in the entertainment industry to sexually abuse them.
The second retrial in New York centred on two women who brought allegations against Weinstein during his 2020 trial, Mann and Haley.
During the third trial, Mann testified that she willingly had some sexual encounters with Weinstein but that he forced her to have unwanted sex in a hotel room in March 2013, despite her repeatedly saying no.
The mogul’s defense team maintained that the encounter was consensual.
In total, Weinstein has been accused of sexual misconduct, assault and rape by more than 100 women.
While not all reports resulted in criminal charges, his conviction in California means he is likely to spend the rest of his life in prison.
The decision by his accusers to come forward, and his subsequent conviction in New York, galvanised the #MeToo movement against sex abuse by powerful men.
Before the allegations against him emerged, Weinstein and his brother Bob were among Hollywood’s ultimate power players.
Weinstein co-founded Miramax film studio, whose hits included Shakespeare in Love, which won best picture at the Academy Awards, and Pulp Fiction.
Weinstein has also faced a number of civil lawsuits, including from a group of women who accused him of sexual harassment and rape. The case resulted in a $19m (£14.2) settlement in 2020.
He has faced declining health in recent years, and in 2024 was diagnosed with bone marrow cancer.
By BBC News
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