Judge Curtis Farber Declares Mistrial in Harvey Weinstein’s Manhattan Rape Trial Over Jessica Mann

A New York judge declared a mistrial in Harvey Weinstein’s third Manhattan sex crimes trial after the jury said it was deadlocked on whether Weinstein raped former aspiring actor Jessica Mann in a Manhattan hotel in 2013.

The jury told Judge Curtis Farber it could not reach a unanimous decision on the question of whether Weinstein raped Mann, and the mistrial came after the panel deliberated for approximately nine hours over three days.

ABC7 Los Angeles

Weinstein pleaded not guilty to the charge of rape in the third degree, and he has denied all allegations of nonconsensual sex while remaining behind bars because of other sex crimes convictions in New York and Los Angeles.

Manhattan District Attorney Alvin Bragg said his office would “consider our next steps in consultation with Ms. Mann,” and Mann said the mistrial “doesn’t in any way detract from the truth I told and the violent crimes Harvey Weinstein committed upon me and so many others.”

Outside the courthouse, jurors told reporters that nine of the 12 panelists were ready to acquit Weinstein, including all of the female jurors, while three male jurors were dead set on convicting him.

Juror Josh Hadar, who said the jury “tried really hard” to reach a unanimous decision, described the “general consensus” as concerns about Mann’s credibility and said there were “a lot of contradictions in her statements.”

AP News

Weinstein’s defense attorney Marc Agnifilo told reporters the final juror tally was 9-3 in favor of acquitting his client and said he would encourage prosecutors not to try the case again.

NPR reported that the prosecution has until late June to decide whether they’ll try the case again, and it quoted the jury note saying, “We feel that no one is going to change where they stand.”

The mistrial leaves the New York rape charge in limbo after three trials, with Weinstein charged with one count of rape in the third degree and the jury deadlocked after sending a note that it “have concluded that they cannot reach” a unanimous verdict.

BBC reported that prosecutors are currently determining whether to try again, and it quoted Bragg saying, “We will consider our next steps in consultation with Ms Mann, and in consideration of Harvey Weinstein's pending sentencing.”

Variety said Judge Curtis Farber gave prosecutors 30 days to decide whether to try the case for a fourth time, while it also noted Farber held off on sentencing Weinstein until the remaining count is resolved.

Weinstein remains incarcerated since his first rape conviction in 2020, and Variety said he could face as much as 25 years in prison on the Haley count alone while his Los Angeles conviction for rape carried a 16-year sentence that is on appeal.