A New York judge declared a mistrial in the high-profile Harvey Weinstein rape case, marking the third time the case has gone to trial. The jury was unable to reach a unanimous decision regarding the allegations made by hairstylist and actor Jessica Mann, who accused Weinstein of raping her in a hotel room in 2013. Weinstein’s defense contended the encounter was consensual.
Factors Leading to the Triple Trial
Initially convicted in 2020, Weinstein’s verdict was overturned following an appeals court decision that found the trial judge had improperly admitted testimony unrelated to the charges. A subsequent retrial resulted in a conviction for a criminal sex act against another individual but left Mann’s allegations unresolved when jury deliberations were halted due to a foreperson’s refusal to continue. This led to yet another trial, which has now ended in a mistrial.
Jury Stalemate and Declaration of Mistrial
During the deliberations, jurors informed the judge of their deadlock, expressing that no consensus could be reached. Ultimately, nine out of the 12 jurors favored acquittal, citing doubts about Mann’s credibility. Juror Josh Hadar noted discrepancies in Mann’s testimony, stating she had an “incredible memory” during direct examination but struggled to recall details under cross-examination.
Prospects of a Fourth Trial
District Attorney Alvin Bragg has indicated that discussions with Mann will determine whether a fourth trial is pursued, alongside considering the outcomes of Weinstein’s other convictions. A hearing is scheduled for June 24 to decide the next steps.
Weinstein’s Current Incarceration Status
Despite the overturned conviction in New York, Weinstein remains incarcerated following a separate conviction in Los Angeles, where he was sentenced to 16 years for rape and sexual assault. He is currently detained at Rikers Island awaiting further proceedings.
Previous Convictions
In a previous trial, Weinstein was found guilty of a criminal sex act against Miriam Haley, which involved a forcible act of oral sex in 2006. Haley, a production assistant on “Project Runway,” testified about the assault at Weinstein’s SoHo apartment. Additionally, Weinstein was convicted in Los Angeles for sexual crimes against an Italian actor and model during a 2013 film festival.
The Associated Press identifies individuals who have publicly disclosed their experiences of sexual assault, as Mann and Haley have chosen to do.
