Judge declares mistrial on rape charge in Harvey Weinstein retrial

The judge in Harvey Weinstein’s sex crimes case declared a mistrial on the remaining rape charge after the jury foreperson said he wouldn’t continue deliberating.

The judge told the jury Thursday that because deliberations became so contentious, he was "forced" to call an end to deliberation. This comes after one juror accused another juror of threats when a verdict could not be reached, claiming he felt bullied and said he wouldn’t go back into the jury room.

The panel convicted the ex-Hollywood boss of one of the top charges but acquitted him of another. Both of those charges concerned accusations of forcing oral sex on women in 2006. Those verdicts still stand.

The jury got stuck on a third charge. It was a rape accusation dating to 2013. New York state is planning to retry the third-degree rape charge.

What happened yesterday? Partial verdict reached

The jury in the Harvey Weinstein trial reached a partial verdict on Wednesday.

Weinstein was found guilty on count 1, criminal sexual assault involving accuser Mimi Haley, and a not guilty verdict on count 3. Jurors have not yet reached a decision on count 2, the rape charge involving Mann.

The seven female and five male jurors began their fifth day of deliberations by re-hearing Mann’s testimony that Weinstein raped her in a Manhattan hotel room in 2013. 

Deliberations were expected to continue Thursday.

What are the counts?

  • Count 1: Criminal sexual act in the first degree involving Miriam Haley.
  • Count 2: Rape in the third degree involving Jessica Mann.
  • Count 3: Criminal sexual act in the first degree involving Kaja Sokola.

Juror says he was threatened by another juror

The backstory:

Tensions inside the jury room spilled into the courtroom. One juror told the judge he was threatened by another juror over his stance on count 2. 

He said he was not physically touched but felt pressured to change his vote and is now afraid to return to the jury room. The judge said that nonetheless, the juror will return Thursday and be kept in a separate room to further explain his concerns.

After speaking with the jury privately, the judge says that they were disappointed and did not see the deliberation in the same way as the foreperson and felt it was a productive process.

Why was there a new trial?

New York’s highest court, the Court of Appeals, threw out Weinstein’s conviction in April 2024.

Local perspective:

In a 4 to 3 decision, the court said the judge in the first trial, James Burke, denied Weinstein a fair trial by letting three women testify about allegations that did not result in charges and by deciding that prosecutors could confront Weinstein, if he testified, about stories of him behaving brutishly.

What about Weinstein’s other criminal case?

Dig deeper:

Weinstein is appealing his conviction in Los Angeles in a similar case from 2022.

Jurors there found him guilty of three of seven charges, including rape, and he was sentenced to 16 years in prison. 

Weinstein’s lawyers argued he did not get a fair trial.

EntertainmentNew YorkNew York