Judge declares mistrial in Weinstein rape retrial after jury deadlocks
NEW YORK (AP) — Jurors deadlocked in Harvey Weinstein’s rape retrial Friday, forcing another mistrial in a #MeToo-era case that has gone to trial three times so far.
While the former Hollywood mogul has been convicted of other sex crimes on two U.S. coasts and remains behind bars, the mistrial leaves the New York rape charge in limbo. Prosecutors were pondering whether to try the case a fourth time, after some jurors said outside court that nine out of 12 wanted to acquit Weinstein.
Weinstein, 74, showed little reaction as he was ushered from court, but his attorneys said later that he was pleased with the outcome.
“Maybe it’s not the win that he wanted, but it’s a win, and we’re going to keep fighting,” attorney Marc Agnifilo said, adding that the defense believed it has “outstanding” prospects if the case is retried.
The majority-male Manhattan jury weighed whether Weinstein raped Jessica Mann, a hairstylist and actor. Weinstein’s lawyers argued that the encounter was consensual. It happened in 2013 during a fraught relationship between the then-married Weinstein and the decades-younger Mann.
Deliberations began Wednesday. On Friday, after the jury sent two notes in 90 minutes saying it was stuck, Judge Curtis Farber declared a mistrial.
Some jurors said they were struck by gaps in what Mann recalled, particularly when defense lawyers were questioning her.
“The prevailing thought was that the witness had a lot of inconsistencies in her story,” said juror Josh Hadar, 57. He favored acquittal: “I don’t come to that easily, but it just seemed that there was enough reasonable doubt.”
Another juror, Sarae Perez, 25, noted that she studied feminism and is well versed in #MeToo, but she also couldn’t overcome uncertainties about Mann’s account.
“There were places where we couldn’t trust her word for it,” she said.
Mann, now 40, said in a statement that the mistrial “doesn’t in any way detract from the truth I told.”
“I deserve justice, which is why I stand up and face unbearable public scrutiny in the name of a greater good,” she said.
As an Oscar-winning movie producer and studio boss, Weinstein was one of Hollywood’s most powerful figures and a significant Democratic donor before the long-suppressed sexual harassment and sexual assault allegations against him cascaded into public view in 2017.
The revelations galvanized the #MeToo movement ‘s demands for accountability for sexual misconduct, made Weinstein a pariah, bankrupted the studio and ultimately led to criminal charges against him in New York and Los Angeles.
He was convicted of some and acquitted of others. Yet Mann’s allegation lingered. Weinstein was convicted of the charge in 2020.
Then an appeals court overturned that verdict, and jury deliberations broke down at a 2025 retrial. That paved the way for this year’s retrial.