Harvey Weinstein judge declares mistrial over rape charge as jury foreman refuses to deliberate in retrial
A New York judge declared a mistrial on a rape charge against Harvey Weinstein on Thursday after the jury foreman refused to return to deliberations, bringing a chaotic end to one count in the disgraced film mogul’s retrial.
The mistrial came just one day after jurors convicted Weinstein, 73, of criminal sexual act in the first degree for assaulting former TV production assistant Miriam Haley at his Manhattan loft in 2006.
The hung jury was unable to reach a verdict on the third-degree rape charge involving former actress Jessica Mann, who alleged Weinstein raped her in a hotel room in 2013.
Weinstein, who appeared in court in a wheelchair, clapped three times when the juror refused to continue deliberations.
The jury room descended into chaos during deliberations, with reports of shouting matches and jurors accusing one another of bullying tactics.
Tensions reached a breaking point when one juror reportedly threatened another, saying “I’ll meet you outside one day,” raising serious concerns about juror safety.
The hostile atmosphere ultimately led the judge to declare a mistrial on the rape charge after the jury foreman refused to return to deliberations following the turmoil.
Weinstein had earlier complained about problems amongst the jurors, claiming he wasn’t receiving a fair trial. “This is my life on the line,” he told the court before the verdict.
The eight-week trial in Manhattan Supreme Court had been closely watched as part of Weinstein’s retrial following his overturned 2020 conviction.
The jury had been deliberating on three charges against Weinstein. They convicted him of criminal sexual act against Haley but acquitted him on the same charge relating to former Polish model Kaja Sokola.
Sokola had testified that Weinstein forcibly performed oral sex on her at a Tribeca hotel in 2006, days before her 20th birthday.
The deadlocked charge involved Jessica Mann, who gave emotional testimony about the alleged 2013 hotel room rape.
Prosecutors argued that Weinstein used his power in the film industry to pressure women into unwanted sexual encounters, often promising acting jobs or career advancement.
Weinstein’s lawyers countered that the encounters were consensual, noting the women maintained contact with him afterwards.
Despite the mistrial on the rape charge, Haley expressed hope after the guilty verdict on her assault.
“This gives me hope,” she said. “Hope that the idea of a ‘perfect victim’ is disappearing, and that others will feel empowered to speak out.”
Mann released a statement defending her decision to testify. “Coming forward will cost me everything—my privacy, my safety,” she said. “But I stood up and told the truth.”
This retrial followed Weinstein’s 2020 New York conviction being overturned on appeal, which had resulted in a 23-year prison sentence.
The 72-year-old, who has cancer, is currently serving a separate 16-year sentence in California for other sexual assault convictions.