Harvey Weinstein's 3rd trial on rape charge ends in mistrial

A New York judge declared a mistrial Friday in Harvey Weinstein’s third criminal trial on the same rape charge, after jurors said they were hopelessly deadlocked on a verdict. The panel was weighing a single count of rape in the third degree against the 74-year-old former producer for an alleged 2013 assault on Jessica Mann. This marks the second jury to be unable to reach a unanimous decision on this specific charge.

"While we are disappointed that the proceedings ended with a mistrial, we deeply respect the jury system and sincerely thank all of the jurors for their time and dedication," Manhattan District Attorney Alvin Bragg said in a statement. "For nearly a decade, Jessica Mann has fought for justice."

The mistrial follows a convoluted legal path that began with a 2020 conviction of Weinstein for raping Mann and sexually assaulting Miriam Haley. That conviction was overturned on appeal in 2024, triggering a 2025 retrial. While the 2025 jury convicted Weinstein on the charge related to Haley, it deadlocked on the Mann rape charge, leading to the most recent trial. Weinstein is also serving a separate 16-year sentence from a 2022 California conviction.

Prosecutors now have 30 days to decide whether to pursue a fourth trial on the charge, a hearing for which is set for June 24. Weinstein is still awaiting sentencing for the 2025 conviction for a criminal sexual act against Haley, for which he faces up to 25 years in prison.

A History of Deadlock

The decision from Manhattan Supreme Court Judge Curtis Farber came after the jury sent two notes indicating they could not agree. "We feel no one is going to change where they stand," the final note read, prompting the judge to grant a defense motion for a mistrial.

The case centered on the testimony of Jessica Mann, now 40, who alleged Weinstein raped her in a Midtown Manhattan hotel on March 18, 2013. Mann has now testified in three separate trials, recounting the alleged assault where she said "No" over and over. The prosecution's case, which lacked physical evidence, relied on jurors believing Mann's account of a powerful producer manipulating an aspiring actress.

The Testimony

During the four-week trial, Mann described a complex and consensual relationship with Weinstein that she hoped would become something more. However, she testified that the 2013 hotel encounter was a violent assault. Defense attorneys highlighted friendly messages Mann sent to Weinstein after the alleged rape, including one that said "Miss you, big guy," and a newly introduced "love note" written two days after the incident.

"She missed the red flags, she missed the manipulation, the power, the control," Assistant District Attorney Nicole Blumberg argued in closings. Defense attorney Marc Agnifilo countered by questioning Mann's credibility and stability. Weinstein, who has denied all allegations of non-consensual sex, did not testify.

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