THE third trial of disgraced movie mogul Harvey Weinstein has ended in another mistrial after the jury was unable to reach a unanimous verdict following two days of deliberations.
Weinstein was being tried again on πΆπππππΆππΎπΈππ made by actress Jessica Mann, who accused the Miramax co-founder of raping her at a hotel in Midtown Manhattan in March 2013.
Harvey Weinstein in court on Friday as the jury could not reach a verdict in his third trialCredit: Steven Hirsch /Pool New York Pos
Jessica Mann, center, testified for a third time against the fallen movie mogulCredit: AP
The courtroom descended into chaos on the second day of deliberations after the jury remained deadlocked on the single third-degree rape charge.
Shortly before 11:30am, the jurors passed a note to Judge Curtis Farber saying they could not reach a unanimous decision.
The note prompted the judge to order them to continue deliberations in an effort to reach a consensus, a move known as an Allen or dynamite charge, because it can blow up a stuck jury.
He said that if they cannot reach a unanimous verdict, the court will need to schedule a new trial before a different jury.
βIf you need readback or clarifications of the law, we stand ready to do so,β Judge Farber said.
βI appreciate the process is difficult. Please continue to deliberate.β
As the judge spoke, a male juror was seen rubbing his forehead and laughing silently in a sarcastic manner, according to LA Magazine.
Just an hour later, the jury sent the judge a new note, saying they could not βcome to a further decision.β
βWe feel that no one will change where they stand,β the note read.
Marc Agnifilo, Weinsteinβs defense attorney, urged Judge Farber to declare a mistrial after receiving the second note from the jury, where they said jurors remained unmoved on their decisions.
Prosecutor Nicole Blumberg disagreed with the defenseβs plea, arguing that the jury be allowed to continue deliberating.
Despite the prosecutionβs efforts, Judge Farber declared the mistrial β the second relating to Mannβs πΆπππππΆππΎπΈππ β at 1:10pm, telling the courtroom, βI see no reason to go any further.β
Jessica Mann at the Lower Manhattan courthouse on April 27Credit: AP
Harvey Weinstein in Manhattan criminal court on May 12 during closing argumentsCredit: AP
He added, βYou were a great group of jurors.β
Jurors deliberated the case for approximately nine hours, spanning two days.
Weinstein faced a third trial in New York after an appeals court overturned his initial conviction in 2020, ruling that he had not received a fair trial.
In the 4-3 ruling, the court said the conviction had to be thrown out because the presiding judge allowed prosecutors to call multiple women as witnesses who fired off accusations at Weinstein but had nothing to do with his charges.
The ruling set in motion a retrial in 2025 on ππππππ πΆπππΆπππ charges relating to three women: production assistant Mimi Haley, former model Kaja Sokola, and actress Jessica Mann.
But at last yearβs retrial, a jury reached a split verdict, convicting Weinstein of sexually assaulting Haley, but acquitted him of rape charges in connection to Sokola.
In their verdict, the jurors also failed to convict Weinstein on the third-degree rape charge relating to Mann.
Judge Farber, who also presided over last yearβs case, ultimately declared a mistrial, leading to the retrial on the single third-degree rape charge, which began in April.
A juror told LA Magazine that all nine women on the jury believed Weinstein was not guilty, while the other three male jurors voted guilty.
βWe are going to encourage the District Attorneyβs office to not try this case again,β Agnifilo told reporters on Friday.
βIn my view, theyβre lucky to have won over three jurors,β he said, adding that Weinsteinβs legal team is βready, willing and able to get him fully acquitted.β
Agnifilo added that the results are βreally just a first step.β
βNot the first step I was hoping for,β he said. βI thought we won the trial. I was hoping for a full-out acquittal. That we won over 9 jurors is a great start.β
Alvin Bragg, the Manhattan district attorney, said his office will speak with Mann following the mistrial ruling.
βWhile 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,β Bragg said in a statement.
He praised Mann for her βperseverance and bravery.β
βOver the course of many weeks during three separate trials, she relived unthinkably painful experiences in front of complete strangers,β he added.
βWe will consider our next steps in consultation with Ms. Mann and in consideration of Harvey Weinsteinβs pending sentencing following last yearβs trial conviction for forcibly sexually assaulting Miriam Haley.β
Mann, now 40, testified against Weinstein, 74, for a third time, painfully recounting on the stand how he pinned her down on a bed in a Manhattan hotel and violently raped her in March 2013.
Sobbing on the stand, Mann said she cried out for Weinstein to stop βover and over.β
βHe just treated me like he owned me,β Mann said as she detailed how he pinned both her wrists above her head during the attack.
Weinsteinβs high-profile defense attorneys, Agnifilo and Teny Geragos, who represented Sean βDiddyβ Combs during his federal πππ trafficking trial, argued that the relationship between their client and Mann was consensual.
The once powerful movie mogul denied the allegation made against him.
βIn the past cases, the cross examination of Miss Mann was that she was looking for money or looking for fame. I think we all feel the same in that our hearts go out to her,β Agnifilo said on Friday.
βI hope sheβs healing. I hope sheβs finding some form of closure for other things that have happened to her that she talked about on the witness stand,β he said.
Despite Fridayβs outcome, Weinstein is still serving a 16-year sentence after he was conviction of rape and ππππππ πΆπππΆπππ charges in Los Angeles in 2022.
He is also awaiting sentencing for his 2025 conviction of first-degree criminal ππππππ act relating to production assistant Miriam Haley.









