Harvey Weinstein ‘s sex crimes retrial came to a disjointed end Thursday as the jury foreperson declined to deliberate and the judge declared a mistrial on a remaining rape charge, a day after a split verdict on the other charges in a case that has been seen as a bellwether of the #MeToo era.
The outcome positions the ex-studio boss for a third New York trial — prosecutors said they’re ready to retry the rape count — even as he faces a new sentencing on his sexual assault conviction.
Weinstein, 73, denies all the charges and had complained to the judge before Wednesday’s partial verdict that it was unfair to continue amid jury tensions. He had a blank, drained expression as court officers escorted him out Thursday in the wheelchair he uses due to various health problems. He has been behind bars since his initial conviction in 2020, and he later also was sentenced to prison in a separate California case, which he’s appealing.
He’s due back in court July 2 for discussion of retrial and sentencing dates. His first-degree criminal sex act conviction carries the potential for up to 25 years in prison, while the unresolved third-degree rape charge is punishable by up to four years — less than he already has served.
In Wednesday’s partial verdict, Weinstein was convicted of one of the top charges but acquitted of another. Both of those charges concerned accusations of forcing oral sex on women in 2006. Those verdicts still stand.
While the jury of seven women and five men was unanimous on those decisions, it got stuck on the rape charge involving another woman, Jessica Mann, who also said she had a consensual sexual relationship with Weinstein.
Jury-room strains started leaking into public view Friday, when a juror asked to be excused because he felt another was being treated unfairly. Then Monday, the foreperson complained that other jurors were pushing people to change their minds and talking about information beyond the charges.
The man raised concerns again Wednesday, telling the judge he felt afraid in the jury room because another juror was yelling at him for sticking to his opinion and at one suggested the foreperson would “see me outside.”
When Judge Curtis Farber asked the foreperson Thursday whether he was willing to return to deliberations, the man said said no. And with that, Farber declared a mistrial on the rape count.
Farber said he later spoke to the other 11 jurors, and “they were extremely disappointed” by the outcome.
“They all thought they were involved in a normal discourse, and they don’t understand why the foreperson bowed out,” Farber told Weinstein and the attorneys in court.
Mann, a hairstylist and actor, testified for days — as she did in 2020 — about the rape she said she endured in a Manhattan hotel room and about why she continued to see and have consensual encounters with Weinstein afterward.
She’s ready to return to the witness stand a third time, prosecutor Nicole Blumberg said.
In a statement Wednesday, Mann said that coming forward “cost me everything,” including privacy.
“Still, I stood up and told the truth. Again and again,” she said.
Weinstein’s initial conviction five years ago seemed to cement the downfall of one of Hollywood’s most powerful men in a pivotal moment for the #MeToo movement against sexual misconduct.
But that conviction was overturned last year, and the case was sent back for retrial in the same Manhattan courthouse.
Weinstein’s accusers said he exploited his Tinseltown influence to dangle career help, get them alone and then trap and force them into sexual encounters.
His defense portrayed his accusers as Hollywood wannabes and hangers-on who willingly hooked up with him to court opportunity, then later said they were victimized to collect settlement funds and #MeToo approbation.
Miriam Haley, the producer and production assistant whom Weinstein was convicted — twice, now — of sexually assaulting, said outside court Wednesday that the new verdict “gives me hope.”
Accuser Kaja Sokola also called it “a big win for everyone,” even though Weinstein was acquitted of forcibly performing oral sex on her when she was a 19-year-old fashion model. Her allegation was added to the case after the retrial was ordered.
The Associated Press generally does not name people who say they have been sexually assaulted, unless they agree to be identified. Haley, Mann and Sokola did so.
