NEW YORK — A Manhattan jury was unable to reach a unanimous decision Friday in Harvey Weinstein’s rape retrial, prompting a judge to declare a mistrial.
The former movie producer remains incarcerated following convictions for sexual assault on both coasts, but the mistrial means the New York rape allegation remains unresolved after three separate trials.
The predominantly male jury in Manhattan had been deliberating whether Weinstein sexually assaulted Jessica Mann, a hairstylist and actor, in 2013. Defense attorneys contended the sexual encounter was consensual between the then-married Weinstein and Mann, who is decades younger.
Earlier Friday, jurors informed the court they had reached an impasse in Harvey Weinstein’s rape retrial, but Judge Curtis Farber directed them to continue their deliberations in this high-profile case from the #MeToo era that a previous jury could not resolve last year.
The indication of deadlock surfaced several hours into their third day of discussions. The jury submitted a written message stating they “have concluded that they cannot reach” a unanimous decision. Judge Curtis Farber gave instructions for the group to persist with deliberations, which is the standard response from New York judges when a jury initially reports being stuck.
The jurors then resumed their private discussions. Their responsibility is determining whether Weinstein — the former entertainment industry executive who became emblematic of the #MeToo movement’s fight against sexual assault — raped hairstylist and actor Jessica Mann at a Manhattan hotel in March 2013.
An appellate court reversed his 2020 New York conviction involving charges related to Mann and a second accuser. During a retrial last year, jury deliberations collapsed due to internal conflicts regarding Mann’s case, resulting in this current retrial. Weinstein faces a single charge of third-degree rape.
Mann, 40, testified that while she voluntarily engaged in some intimate encounters with the then-married producer, he forced unwanted sexual contact on her that day despite her repeated refusals.
Weinstein’s defense team maintains the encounter was consensual. They highlighted that Mann continued meeting with Weinstein afterward and showed affection toward him. Mann explained she experienced conflicted emotions about him, herself and the incident.
Her perspective shifted in 2017, when multiple accusations against the Academy Award-winning Weinstein fueled the #MeToo movement. Several of those allegations resulted in criminal convictions against Weinstein in New York and California.
Weinstein, 74, has stated he “acted wrongly” but never attacked anyone.
The current jury listened to almost three weeks of testimony, including five days from Mann. Weinstein chose not to testify.
The Associated Press typically does not name individuals who report sexual assault. However, Mann has consented to being identified.
