A New York judge declared a mistrial Thursday on the remaining rape charge in Harvey Weinstein’s sexual assault retrial after the jury foreperson refused to continue deliberations, citing an untenable atmosphere among jurors.
The decision came one day after the same jury convicted the disgraced film producer of sexually assaulting former production assistant Miriam Haleyi in 2006 but acquitted him of assaulting aspiring actress Kaja Sokola. The panel deadlocked on a third charge—third-degree rape—related to allegations by Jessica Mann, who accused Weinstein of assaulting her in 2013.
The mistrial followed days of escalating tensions in the jury room. On Wednesday, the foreperson told Judge Curtis Farber that he felt unsafe continuing deliberations after other jurors allegedly yelled at him and pressured him to change his vote.
“No, I’m sorry,” the foreperson said Thursday when asked if he would return to deliberate further. Farber then dismissed the jury, noting that the remaining members expressed disappointment at being unable to reach a verdict on Mann’s allegation.
“They were extremely disappointed that deliberations ended before they reached a verdict,” Farber said. However, he added that other jurors described the discussions as normal and were puzzled by the foreperson’s withdrawal.
Manhattan District Attorney Alvin Bragg said his office would retry Weinstein on the unresolved rape charge after consulting with Mann.
“Harvey Weinstein is going to be held accountable for his conduct as to Miss Haley, and he’s facing a very significant term of imprisonment for that,” Bragg said. “But the jury was not able to reach a conclusion as to Miss Mann, and she deserves that.”
Weinstein’s attorney, Arthur Aidala, vowed to appeal the conviction, citing alleged juror misconduct. He claimed jurors improperly considered evidence outside the trial, including Weinstein’s past behavior.
“We have very powerful evidence that there was gross juror misconduct at this trial,” Aidala told reporters. “If that doesn’t cast doubt on the verdicts here, I don’t know what would.”
Weinstein, 73, who appeared in court in a wheelchair, did not testify during the trial. He has maintained that all sexual encounters were consensual.
The retrial followed the overturning of Weinstein’s 2020 New York conviction, which had resulted in a 23-year prison sentence. An appeals court ruled that the original trial improperly included testimony from women whose allegations were not part of the charges.
Weinstein remains imprisoned due to a separate 2022 conviction in Los Angeles, where he was sentenced to 16 years for rape.
Mann, in a statement, reaffirmed her commitment to testifying again.
“I will never give up on myself and making sure my voice—and the truth—is heard,” she said. “Today is not the end of my fight.”
The case has been a focal point of the #MeToo movement, which gained momentum in 2017 after dozens of women accused Weinstein of sexual misconduct. More than 100 women have since come forward with allegations against him, though not all led to criminal charges.
Weinstein’s legal battles are far from over, with his attorneys preparing appeals in both New York and California. Meanwhile, prosecutors have signaled their readiness to pursue a third trial in New York to secure a verdict on Mann’s allegation.